| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 482Introduced by Assembly Member SolacheFebruary 10, 2025 An act to amend Sections 65500, 65527, 65528, 65532, 65533, 65550, 65552, 65553, 65555, 65556, 65559.5, 65562, 65563, 65566, 65569, 65570, 65572, 65573, 65574, 65575, 65575.2, 65600, 65601, 65603, 65650.5, 65661, 65662, 65663, 65673, and 65675 of, to add Sections 65530 and 65651.5 to, to repeal Sections 65554, 65558, 65560, 65561, 65565, and 65670 of, and to repeal and add Sections 65559, 65575.1, 65652, and 65660 of, the Food and Agricultural Code, relating to food and agriculture, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 482, as introduced, Solache. California Table Grape Commission.Existing law provides for the California Table Grape Commission, which comprises 21 grape producers and one public member appointed by the Secretary of Food and Agriculture. Existing law specifies the powers, duties, and responsibilities of the commission. Existing law levies an annual assessment on all fresh grapes during each marketing assessment, at an amount fixed by the commission not to exceed $0.006522 per pound. Existing law authorizes the commission to expend revenues from those assessments and all other moneys received by the commission, including from penalties for failing to pay the assessment and civil penalties for a violation of those provisions.This bill would revise these provisions by, among other things, changing the membership of the commission to 3 producers from each of 6 districts and a public member appointed by the secretary. The bill would require the commission to annually compile and maintain a list of eligible producers who are qualified to vote in an election, and certify the list to the secretary at least 30 days before the date set for any meeting to nominate commissioners to office. The bill would expand the activities, powers, and duties of the commission to also include accepting and matching contributions of funds and making contributions of commission funds to other persons or agencies, and administering any program related to the table grape industry. The bill would increase the maximum amount of the above-described assessment to $0.02 per pound, thereby making an appropriation.The bill would authorize a person aggrieved by an action of the commission to file a grievance with the commission or a duly authorized committee of the commission designated for that purpose, and appeal from decisions of the commission to the secretary. The bill would require an action by the commission for any violation of these provisions to be commenced within 2 years from the date of discovery of the alleged violation and would require an action against the commission by any person to be commenced within 2 years from the date of the act of which the person complains.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65500 of the Food and Agricultural Code is amended to read:65500. (a)The Legislature finds and declares all of the following:(a) Grapes produced in California for fresh human consumption comprise compose one of the major agricultural crops of California, and the production and marketing of such these grapes affects the economy, welfare, standard of living living, and health of a large number of citizens residing in this state.(b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production thereof of California grapes, and unless the fresh human comsumption consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society.(c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for such these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.(d) Such These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms and their production. As a consequence, the purchasing power of such these producers and their workforce has been in the past, and may continue to be in the future unless such these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state.(e) These conditions vitally concern the health, peace, safety safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.(f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of such these grapes, the methods and care required in preparing and transporting such these grapes to market, and the handling of the same in consuming markets, reseach research respecting the health, food and dietetic value of California fresh grapes and the production, handling, transportation and marketing thereof, of California fresh grapes, the dissemination of information respecting the results of such that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value thereof, of fresh grapes, all serve to increase the consumption thereof of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy economy, and health of the people of this state.(g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in such that production and marketing, and to aid such these producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level.(h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a public interest; the provisions of this chapter are is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety safety, and general welfare of the people of this state.SEC. 2. Section 65527 of the Food and Agricultural Code is amended to read:65527. Person means any an individual, firm, corporation, association, or any other business unit, entity, and shall, for purposes of this chapter, include any includes a state agency which that engages in any of the commercial activities regulated pursuant to the provisions of this chapter.SEC. 3. Section 65528 of the Food and Agricultural Code is amended to read:65528. Director Secretary means the Director of Secretary of Food and Agriculture.SEC. 4. Section 65530 is added to the Food and Agricultural Code, to read:65530. State means the State of California.SEC. 5. Section 65532 of the Food and Agricultural Code is amended to read:65532. Commissioner means any member of the commission. a person appointed by the secretary pursuant to Section 65550.SEC. 6. Section 65533 of the Food and Agricultural Code is amended to read:65533. Districts shall consist of: means and includes: District 1. (Southern California) (Coachella Valley-Borrego) Includes(a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego County; Diego; thence northeasterly along the northern boundary of the County of San Diego County to the point of intersection with the western boundary of Riverside County; the County of Riverside; thence northerly along the said western boundary of the County of Riverside County to the northern boundary of said Riverside County; the County of Riverside; thence easterly along the said northern boundary of the County of Riverside County to the point of intersection with the California-Arizona state boundary. District 2. (Shafter, Bakersfield, Arvin) Includes(b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shore line shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along said U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of Kern County; the County of Kern; thence easterly along the said northern boundary of the County of Kern County and along the northern boundary of the County of San Bernardino County to the point of intersection with the California-Nevada state boundary. District 3. (Earlimart, Terra Bella, Delano, McFarland) Includes(c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the said north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 4. (Visalia, Exeter, Porterville) Includes(d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the said north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the said Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M. ; M.; thence easterly along the said Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary. District 5. (Reedley, Dinuba, Orange Cove) Includes(e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the said Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in Fresno County; the County of Fresno; thence northerly along the said McCall Road to the point of intersection with Rose Avenue in Fresno County; the County of Fresno; thence easterly along the said Rose Avenue and along the easterly projection thereof of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along the said Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along the said California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno County boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 6. (Madera, Fresno, Sanger) Includes(f) District 6, which includes all that area of California north of the northern boundary of District 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of Monterey County; the County of Monterey; thence easterly along the said northern boundary of the County of Monterey County to the northern boundary of the County of San Benito County; Benito; thence easterly along the said northern boundary of the County of San Benito County to a point on the western boundary of Merced County; the County of Merced; thence northeasterly along the said western boundary of the County of Merced County to the northern boundary of Merced County; the County of Merced; thence easterly along the said northern boundary of the County of Merced County to a point on the northern boundary of Mariposa County; the County of Mariposa; thence easterly along the said northern boundary of the County of Mariposa County to the eastern boundary of Madera County; the County of Madera; thence southerly along the said eastern boundary of the County of Madera County to a point on the western boundary of Mono County; the County of Mono; and also including all of the area in Mono County, the County of Mono, California. District 7. (Northern California) (Lodi)Includes all that area of California north of the northern boundary of District No. 6. (g) The commission may change the district boundaries by a two-thirds vote of the commission.SEC. 7. Section 65550 of the Food and Agricultural Code is amended to read:65550. There is hereby created the in the state government the California Table Grape Commission to be thus known and designated. Commission. The commission shall be composed of 21 fresh grape producers comprise three producers from each district appointed by the director secretary from the nominees selected as provided by this pursuant to this article and one public member appointed pursuant to Section 65575.1.SEC. 8. Section 65552 of the Food and Agricultural Code is amended to read:65552. The commission may appoint a manager, employ a president, a treasurer treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with such powers and duties as that may be delegated to them by the commission. No such An officer employed pursuant to this section shall not be a member of the commission. commissioner.SEC. 9. Section 65553 of the Food and Agricultural Code is amended to read:65553. The members of the commission A commissioner shall be natural persons, each of whom shall be a citizen and resident of this state over the age of 25 years, and each of whom, as an individual, an individual producer, or a partner or employee of a producer or producers, is and has been producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to the provisions of this chapter at the time of the election. Not No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association association, or business organization; entity, provided further, that not more than one member in any one district shall be so employed or connected. The qualifications of members of the commission, as herein set forth, must continue A commissioner shall maintain these qualifications during their term of office. office in order to remain on the commission.SEC. 10. Section 65554 of the Food and Agricultural Code is repealed.65554.Each of the seven districts shall be represented by three members.SEC. 11. Section 65555 of the Food and Agricultural Code is amended to read:65555. The regular term terms of office of the members of the commission commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed, except that of the first members of each district, one shall serve for one year, one shall serve for two years and one shall serve for three years, with the determination of the term of each such member to be made by lot. Thereafter, their successors shall serve the regular term of office. appointed.SEC. 12. Section 65556 of the Food and Agricultural Code is amended to read:65556. Each member commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding any an election shall be entitled to two votes in such district, one for each of two nominees. In the first election after the effective date of this chapter, each producer entitled to vote in a district shall be entitled to six votes in such district, one for each of the six nominees, and the six nominees receiving the greatest number of votes shall be nominated for appointment as the members of such district for the initial terms hereunder. In the event of a tie vote which shall result in failure to nominate two persons for each commission membership available, there shall be another election held only between those nominees, the tie vote for whom resulted in such failure to so nominate required number of nominees. one vote in the district.SEC. 13. Section 65558 of the Food and Agricultural Code is repealed.65558.A nonprofit cooperative marketing association may vote by proxy for any member, if so authorized in writing. Such proxy shall be revocable at will.SEC. 14. Section 65559 of the Food and Agricultural Code is repealed.65559.Immediately after the effective date of this chapter, the director shall establish a list of producers in each district. Such list of producers may be established from lists of such persons whose names and addresses appear on file in the Department of Agriculture. In establishing such lists of producers, the director may issue a notice to shippers, requiring them to file with the director a certified report showing the name and mail address of the shipper, and the correct names and mail addresses of producers whose producing operations are located within each district from whom the shipper received fresh grapes during the next preceding season. Notice to such shippers shall be published by the director for a period of not less than five days in a newspaper of general circulation published in each district, and shall be mailed to all shippers of record with the department. The lists of producers shall be filed by shippers within 10 days from the last date of publication of the notice.SEC. 15. Section 65559 is added to the Food and Agricultural Code, to read:65559. The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners.SEC. 16. Section 65559.5 of the Food and Agricultural Code is amended to read:65559.5. (a) The commission or the director commission, in preparing a list of producers to be used under this chapter, may omit from such the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture. Any person so venture, as determined by the commission. A person who is omitted from such the list shall not be subjected to the provisions, is not subject to this chapter, including the payment of any assessments, of this chapter and shall not be and is not qualified as a producer under this chapter. Any(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing such the list.SEC. 17. Section 65560 of the Food and Agricultural Code is repealed.65560.In addition, the director may obtain lists of producers whenever and in such manner as he may deem necessary or advisable, for the purpose of checking, comparing or correcting such lists. Such producer lists shall, subject to any proper corrections, be final and conclusive in making determinations relative to the number and qualifications of producers entitled to vote for commissioners in a referendum, or those persons qualified as producers for any other purpose.SEC. 18. Section 65561 of the Food and Agricultural Code is repealed.65561.Any producer producing fresh grapes, whose name does not appear upon the directors list of producers affected, may have his name established thereon by filing with the director a signed statement, advising that he produced such fresh grapes in the next preceding season, and giving the quantity produced in each district and the quantity delivered to shippers or introduced into trade.SEC. 19. Section 65562 of the Food and Agricultural Code is amended to read:65562. Upon establishment of such the lists of producers, the Director of Agriculture secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each such district meeting for the nomination of members, the director commissioners, the secretary or a representative authorized by him the secretary shall preside, and receive nominations, and at the conclusion of each such the meeting shall announce the names of the persons nominated at the meetings and the time, the manner manner, and instructions for voting by mail. Thereafter, within 10 days after each such the meeting, the director secretary shall mail to all producers ballots for the election of members commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the Director of Agriculture secretary or mailed for delivery within 10 days after issuance of ballots by the director. secretary.SEC. 20. Section 65563 of the Food and Agricultural Code is amended to read:65563. Upon expiration of the voting period the director period, the secretary shall tabulate all votes and shall announce the names of those persons nominated for appointment as members of the commission from each district and shall appoint one of the two nominees from each district as a member of the commission; provided that in the appointment of the first members of the commission after this chapter becomes effective the director shall appoint three of the six nominees from each district as members of the commission to serve in accordance with Section 65555. appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection.SEC. 21. Section 65565 of the Food and Agricultural Code is repealed.65565.Subsequent to the first election after the effective date of this chapter, the commission shall compile and maintain a list of qualified producers and shall, at least 30 days prior to the date set for any meeting for nomination to office of commissioner, certify such list, to the director, and such list shall constitute the list of producers qualified to vote in any such election.SEC. 22. Section 65566 of the Food and Agricultural Code is amended to read:65566. Subsequent to the first election after the effective date of this chapter, persons to be A person appointed to the office of commissioner by the Director of Agriculture secretary shall be selected pursuant to such nomination the nomination, election, and appointment procedures as may be established by the rules and regulations adopted by the commission in accordance with the provisions of this chapter and approved by the director. secretary.SEC. 23. Section 65569 of the Food and Agricultural Code is amended to read:65569. No A commissioner shall not receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission, together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission.SEC. 24. Section 65570 of the Food and Agricultural Code is amended to read:65570. All moneys received by any a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to it, the commission, shall be deposited in into such banks as the commission may designate, and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the faithful performance of his duties, and in addition, as to such treasurer, the strict accounting of all funds of the commission, in the penal sum of not less than fifty thousand dollars ($50,000). commission.SEC. 25. Section 65572 of the Food and Agricultural Code is amended to read:65572. The powers and duties of the commission shall include include, but are not limited to, all of the following:(a) To elect a chairman, chairperson, and from time to time such other officers as it may deem advisable, and to delegate to such duties to the officers such administrative duties as may appear advisable.(b) To adopt and from time to time alter, rescind, modify modify, and amend all proper and necessary rules, regulations regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation regulation, procedure, or order of the commission.(c) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper proper, or advisable to effectuate effectuate, the purposes of this chapter.(d) To employ, and at its pleasure discharge, a manager, president, a treasurer, a secretary, employees employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and to incur such expenses as it may deem reasonably necessary and proper to properly perform such of its duties as are authorized herein. by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake such judicial proceedings as requested by the commission to undertake on its behalf.(e) To establish offices and offices, incur expense, and to expenses, enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(f) To keep accurate books, records records, and accounts of all of its dealings, which books, records and accounts shall be open to inspection and audit by the Department of Finance of the State of California or other state officer charged with the audit of operations of departments of the State of California. department, as directed by the secretary.(g) To In the discretion of the commission, to investigate and prosecute civilly violations of this chapter and to file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter.(h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate interstate, and foreign markets for fresh grapes; grapes, and to educate and instruct the public with respect to fresh grapes; and grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.(i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; and to present facts to to, and negotiate with with, state, federal federal, and foreign agencies on matters which that affect the marketing marketing, production, and distribution of fresh grapes; and to undertake any other similar activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes.(j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.(k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination dissemination, and accumulation of information obtained from such that research or elsewhere respecting with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection inspection, and transportation thereof, to of fresh grapes, develop and discover the dietetic value of fresh grapes and to grapes, develop and expand markets, and to improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with such that research, the commission shall have the power to may accept contributions of, or to may match, private, state state, or federal funds that may be available for these purposes, and to may employ or make contributions of funds to other persons or state or federal agencies conducting such that research.(l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry.(m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry.(l)(n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12 months 12-month period beginning on May 1st 1 and ending on April 30th. 30.(m)(o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers.(p) In the discretion of the commission, to administer any program related to the table grape industry.SEC. 26. Section 65573 of the Food and Agricultural Code is amended to read:65573.The provisions of this chapter except Sections 65550, 65551, 65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not become operative until the commission finds, in a referendum conducted by the commission in which at least 40 percent of the total number of producers established by the director as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, during the last completed marketing season participate, one or more of the following:65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:(a)That not less than 65(1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum.(b)That 51(2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum.The(b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum.Nonreceipt(c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary.If(d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663.Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission.SEC. 27. Section 65574 of the Food and Agricultural Code is amended to read:65574. The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Such members Each member shall be natural persons, each of whom shall be citizens and residents of this state, over the age of 25 years, each of whom, as an individual, an individual shipper, or a partner or employee of a shipper or shippers, is and has been shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee.SEC. 28. Section 65575 of the Food and Agricultural Code is amended to read:65575. Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission.SEC. 29. Section 65575.1 of the Food and Agricultural Code is repealed.65575.1.Not later than April 1 of 1979, and each third year thereafter, the commission shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the commission. The director shall, not later than April 30 of 1979, and each third year thereafter, appoint one of the nominees as the public member of the commission to serve a three-year term on the commission. If all nominees are unsatisfactory to the director, the commission shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of public member of the commission shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the commission not later than the first day of the second month following the month in which such vacancy occurs.SEC. 30. Section 65575.1 is added to the Food and Agricultural Code, to read:65575.1. The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection.SEC. 31. Section 65575.2 of the Food and Agricultural Code is amended to read:65575.2. The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry.SEC. 32. Section 65600 of the Food and Agricultural Code is amended to read:65600. (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season season, the assessment shall not exceed $0.006522 per pound ($0.6522 per 100 pounds), $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package.All(b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments.SEC. 33. Section 65601 of the Food and Agricultural Code is amended to read:65601. Every A shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such the shipper and the producer. The records shall be in simple form and contain such information as the commission shall by regulation or rule prescribe. Such the information prescribed by the commission. The records shall be preserved by such shipper for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.SEC. 34. Section 65603 of the Food and Agricultural Code is amended to read:65603. All information obtained by the commission from shippers shall be confidential and shall not be disclosed disclosed, except when required by a court order in a judicial proceeding. proceeding involving this chapter.SEC. 35. Section 65650.5 of the Food and Agricultural Code is amended to read:65650.5. Any (a) A person aggrieved by any an action of the commission may appeal to the director. file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The director secretary shall review the record of the proceedings before the commission. If the director secretary finds that the record shows by substantial evidence that the commissions action was not an abuse of discretion or illegal, he the secretary shall dismiss such the appeal. If he finds such action is(b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, he the secretary may reverse the action of the commission.Any such decision of the director is(c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision.SEC. 36. Section 65651.5 is added to the Food and Agricultural Code, to read:65651.5. An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains.SEC. 37. Section 65652 of the Food and Agricultural Code is repealed.65652.Any such action may be commenced either in the county in which the defendant or any of the defendants reside or in which any act or omission or part thereof complained of occurred.SEC. 38. Section 65652 is added to the Food and Agricultural Code, to read:65652. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.SEC. 39. Section 65660 of the Food and Agricultural Code is repealed.65660.Upon the finding of 11 of the members of the commission that the operation of the provisions of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter shall be suspended; provided, that any such suspension shall not become effective until the expiration of the marketing season then current. The director shall, upon receipt of such recommendation, or upon a petition being filed with him requesting such suspension, signed by 20 percent of the producers, cause a referendum to be conducted among producers as certified by the commission in accordance with Section 65566, to determine if such operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 nor more than 60 days. The director is authorized to prescribe such additional procedure as may be necessary to conduct such referendum.SEC. 40. Section 65660 is added to the Food and Agricultural Code, to read:65660. (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate.(b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum.SEC. 41. Section 65661 of the Food and Agricultural Code is amended to read:65661. At the close of the referendum period established, the director established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during said period. If that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the director secretary as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, by the commission during the last completed marketing season, participate in the referendum and the director finds either: secretary finds that either of the following occurs:(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of such the suspension, and the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum; or referendum.(b) That 51 Fifty-one percent or more of the producers who voted in the referendum voted in favor of such the suspension, and that the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum; the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the marketing season then current. referendum.SEC. 42. Section 65662 of the Food and Agricultural Code is amended to read:65662. Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such that pro rata refund to such those persons, any such moneys remaining and any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry.SEC. 43. Section 65663 of the Food and Agricultural Code is amended to read:65663. Upon suspension of the operation of this chapter and of the commission, as aforesaid, commission, a notice thereof of the suspension shall be posted on a public bulletin board to be maintained by the director in his office, secretary in their office, and a copy of such the notice shall be published in a newspaper of general circulation in each district. It shall also be the duty of the The commission to shall mail a copy of the notice of suspension to all producers and shippers affected by such the suspension whose names and addresses are on file with the commission.SEC. 44. Section 65670 of the Food and Agricultural Code is repealed.65670.Nothing in this chapter contained shall apply to any order, rule or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission with respect to operation of common carriers.SEC. 45. Section 65673 of the Food and Agricultural Code is amended to read:65673. The commission shall reimburse to the Director of Agriculture secretary all expenses incurred by him them in the supervision of elections.SEC. 46. Section 65675 of the Food and Agricultural Code is amended to read:65675. (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the director secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operations of the provisions of this chapter operation of the commission shall be reapproved and continued remain effective. The vote for approval and continuation shall be the same as used for the original approval of the provisions of this chapter. If (b) If the commission finds that a favorable vote has been given, it shall so certify to the director secretary and all provisions of this chapter the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall so certify that finding to the director secretary who shall declare the operation of the provisions of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30. Thereupon, Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. No A bond or security shall not be required for any such referendum. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 482Introduced by Assembly Member SolacheFebruary 10, 2025 An act to amend Sections 65500, 65527, 65528, 65532, 65533, 65550, 65552, 65553, 65555, 65556, 65559.5, 65562, 65563, 65566, 65569, 65570, 65572, 65573, 65574, 65575, 65575.2, 65600, 65601, 65603, 65650.5, 65661, 65662, 65663, 65673, and 65675 of, to add Sections 65530 and 65651.5 to, to repeal Sections 65554, 65558, 65560, 65561, 65565, and 65670 of, and to repeal and add Sections 65559, 65575.1, 65652, and 65660 of, the Food and Agricultural Code, relating to food and agriculture, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 482, as introduced, Solache. California Table Grape Commission.Existing law provides for the California Table Grape Commission, which comprises 21 grape producers and one public member appointed by the Secretary of Food and Agriculture. Existing law specifies the powers, duties, and responsibilities of the commission. Existing law levies an annual assessment on all fresh grapes during each marketing assessment, at an amount fixed by the commission not to exceed $0.006522 per pound. Existing law authorizes the commission to expend revenues from those assessments and all other moneys received by the commission, including from penalties for failing to pay the assessment and civil penalties for a violation of those provisions.This bill would revise these provisions by, among other things, changing the membership of the commission to 3 producers from each of 6 districts and a public member appointed by the secretary. The bill would require the commission to annually compile and maintain a list of eligible producers who are qualified to vote in an election, and certify the list to the secretary at least 30 days before the date set for any meeting to nominate commissioners to office. The bill would expand the activities, powers, and duties of the commission to also include accepting and matching contributions of funds and making contributions of commission funds to other persons or agencies, and administering any program related to the table grape industry. The bill would increase the maximum amount of the above-described assessment to $0.02 per pound, thereby making an appropriation.The bill would authorize a person aggrieved by an action of the commission to file a grievance with the commission or a duly authorized committee of the commission designated for that purpose, and appeal from decisions of the commission to the secretary. The bill would require an action by the commission for any violation of these provisions to be commenced within 2 years from the date of discovery of the alleged violation and would require an action against the commission by any person to be commenced within 2 years from the date of the act of which the person complains.Digest Key Vote: MAJORITY Appropriation: YES 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. 482 |
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| 15 | 15 | | Introduced by Assembly Member SolacheFebruary 10, 2025 |
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| 17 | 17 | | Introduced by Assembly Member Solache |
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| 18 | 18 | | February 10, 2025 |
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| 20 | 20 | | An act to amend Sections 65500, 65527, 65528, 65532, 65533, 65550, 65552, 65553, 65555, 65556, 65559.5, 65562, 65563, 65566, 65569, 65570, 65572, 65573, 65574, 65575, 65575.2, 65600, 65601, 65603, 65650.5, 65661, 65662, 65663, 65673, and 65675 of, to add Sections 65530 and 65651.5 to, to repeal Sections 65554, 65558, 65560, 65561, 65565, and 65670 of, and to repeal and add Sections 65559, 65575.1, 65652, and 65660 of, the Food and Agricultural Code, relating to food and agriculture, and making an appropriation therefor. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 482, as introduced, Solache. California Table Grape Commission. |
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| 28 | 28 | | Existing law provides for the California Table Grape Commission, which comprises 21 grape producers and one public member appointed by the Secretary of Food and Agriculture. Existing law specifies the powers, duties, and responsibilities of the commission. Existing law levies an annual assessment on all fresh grapes during each marketing assessment, at an amount fixed by the commission not to exceed $0.006522 per pound. Existing law authorizes the commission to expend revenues from those assessments and all other moneys received by the commission, including from penalties for failing to pay the assessment and civil penalties for a violation of those provisions.This bill would revise these provisions by, among other things, changing the membership of the commission to 3 producers from each of 6 districts and a public member appointed by the secretary. The bill would require the commission to annually compile and maintain a list of eligible producers who are qualified to vote in an election, and certify the list to the secretary at least 30 days before the date set for any meeting to nominate commissioners to office. The bill would expand the activities, powers, and duties of the commission to also include accepting and matching contributions of funds and making contributions of commission funds to other persons or agencies, and administering any program related to the table grape industry. The bill would increase the maximum amount of the above-described assessment to $0.02 per pound, thereby making an appropriation.The bill would authorize a person aggrieved by an action of the commission to file a grievance with the commission or a duly authorized committee of the commission designated for that purpose, and appeal from decisions of the commission to the secretary. The bill would require an action by the commission for any violation of these provisions to be commenced within 2 years from the date of discovery of the alleged violation and would require an action against the commission by any person to be commenced within 2 years from the date of the act of which the person complains. |
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| 30 | 30 | | Existing law provides for the California Table Grape Commission, which comprises 21 grape producers and one public member appointed by the Secretary of Food and Agriculture. Existing law specifies the powers, duties, and responsibilities of the commission. Existing law levies an annual assessment on all fresh grapes during each marketing assessment, at an amount fixed by the commission not to exceed $0.006522 per pound. Existing law authorizes the commission to expend revenues from those assessments and all other moneys received by the commission, including from penalties for failing to pay the assessment and civil penalties for a violation of those provisions. |
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| 32 | 32 | | This bill would revise these provisions by, among other things, changing the membership of the commission to 3 producers from each of 6 districts and a public member appointed by the secretary. The bill would require the commission to annually compile and maintain a list of eligible producers who are qualified to vote in an election, and certify the list to the secretary at least 30 days before the date set for any meeting to nominate commissioners to office. The bill would expand the activities, powers, and duties of the commission to also include accepting and matching contributions of funds and making contributions of commission funds to other persons or agencies, and administering any program related to the table grape industry. The bill would increase the maximum amount of the above-described assessment to $0.02 per pound, thereby making an appropriation. |
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| 34 | 34 | | The bill would authorize a person aggrieved by an action of the commission to file a grievance with the commission or a duly authorized committee of the commission designated for that purpose, and appeal from decisions of the commission to the secretary. The bill would require an action by the commission for any violation of these provisions to be commenced within 2 years from the date of discovery of the alleged violation and would require an action against the commission by any person to be commenced within 2 years from the date of the act of which the person complains. |
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| 36 | 36 | | ## Digest Key |
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| 38 | 38 | | ## Bill Text |
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| 40 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 65500 of the Food and Agricultural Code is amended to read:65500. (a)The Legislature finds and declares all of the following:(a) Grapes produced in California for fresh human consumption comprise compose one of the major agricultural crops of California, and the production and marketing of such these grapes affects the economy, welfare, standard of living living, and health of a large number of citizens residing in this state.(b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production thereof of California grapes, and unless the fresh human comsumption consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society.(c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for such these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.(d) Such These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms and their production. As a consequence, the purchasing power of such these producers and their workforce has been in the past, and may continue to be in the future unless such these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state.(e) These conditions vitally concern the health, peace, safety safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.(f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of such these grapes, the methods and care required in preparing and transporting such these grapes to market, and the handling of the same in consuming markets, reseach research respecting the health, food and dietetic value of California fresh grapes and the production, handling, transportation and marketing thereof, of California fresh grapes, the dissemination of information respecting the results of such that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value thereof, of fresh grapes, all serve to increase the consumption thereof of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy economy, and health of the people of this state.(g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in such that production and marketing, and to aid such these producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level.(h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a public interest; the provisions of this chapter are is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety safety, and general welfare of the people of this state.SEC. 2. Section 65527 of the Food and Agricultural Code is amended to read:65527. Person means any an individual, firm, corporation, association, or any other business unit, entity, and shall, for purposes of this chapter, include any includes a state agency which that engages in any of the commercial activities regulated pursuant to the provisions of this chapter.SEC. 3. Section 65528 of the Food and Agricultural Code is amended to read:65528. Director Secretary means the Director of Secretary of Food and Agriculture.SEC. 4. Section 65530 is added to the Food and Agricultural Code, to read:65530. State means the State of California.SEC. 5. Section 65532 of the Food and Agricultural Code is amended to read:65532. Commissioner means any member of the commission. a person appointed by the secretary pursuant to Section 65550.SEC. 6. Section 65533 of the Food and Agricultural Code is amended to read:65533. Districts shall consist of: means and includes: District 1. (Southern California) (Coachella Valley-Borrego) Includes(a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego County; Diego; thence northeasterly along the northern boundary of the County of San Diego County to the point of intersection with the western boundary of Riverside County; the County of Riverside; thence northerly along the said western boundary of the County of Riverside County to the northern boundary of said Riverside County; the County of Riverside; thence easterly along the said northern boundary of the County of Riverside County to the point of intersection with the California-Arizona state boundary. District 2. (Shafter, Bakersfield, Arvin) Includes(b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shore line shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along said U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of Kern County; the County of Kern; thence easterly along the said northern boundary of the County of Kern County and along the northern boundary of the County of San Bernardino County to the point of intersection with the California-Nevada state boundary. District 3. (Earlimart, Terra Bella, Delano, McFarland) Includes(c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the said north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 4. (Visalia, Exeter, Porterville) Includes(d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the said north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the said Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M. ; M.; thence easterly along the said Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary. District 5. (Reedley, Dinuba, Orange Cove) Includes(e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the said Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in Fresno County; the County of Fresno; thence northerly along the said McCall Road to the point of intersection with Rose Avenue in Fresno County; the County of Fresno; thence easterly along the said Rose Avenue and along the easterly projection thereof of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along the said Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along the said California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno County boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 6. (Madera, Fresno, Sanger) Includes(f) District 6, which includes all that area of California north of the northern boundary of District 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of Monterey County; the County of Monterey; thence easterly along the said northern boundary of the County of Monterey County to the northern boundary of the County of San Benito County; Benito; thence easterly along the said northern boundary of the County of San Benito County to a point on the western boundary of Merced County; the County of Merced; thence northeasterly along the said western boundary of the County of Merced County to the northern boundary of Merced County; the County of Merced; thence easterly along the said northern boundary of the County of Merced County to a point on the northern boundary of Mariposa County; the County of Mariposa; thence easterly along the said northern boundary of the County of Mariposa County to the eastern boundary of Madera County; the County of Madera; thence southerly along the said eastern boundary of the County of Madera County to a point on the western boundary of Mono County; the County of Mono; and also including all of the area in Mono County, the County of Mono, California. District 7. (Northern California) (Lodi)Includes all that area of California north of the northern boundary of District No. 6. (g) The commission may change the district boundaries by a two-thirds vote of the commission.SEC. 7. Section 65550 of the Food and Agricultural Code is amended to read:65550. There is hereby created the in the state government the California Table Grape Commission to be thus known and designated. Commission. The commission shall be composed of 21 fresh grape producers comprise three producers from each district appointed by the director secretary from the nominees selected as provided by this pursuant to this article and one public member appointed pursuant to Section 65575.1.SEC. 8. Section 65552 of the Food and Agricultural Code is amended to read:65552. The commission may appoint a manager, employ a president, a treasurer treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with such powers and duties as that may be delegated to them by the commission. No such An officer employed pursuant to this section shall not be a member of the commission. commissioner.SEC. 9. Section 65553 of the Food and Agricultural Code is amended to read:65553. The members of the commission A commissioner shall be natural persons, each of whom shall be a citizen and resident of this state over the age of 25 years, and each of whom, as an individual, an individual producer, or a partner or employee of a producer or producers, is and has been producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to the provisions of this chapter at the time of the election. Not No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association association, or business organization; entity, provided further, that not more than one member in any one district shall be so employed or connected. The qualifications of members of the commission, as herein set forth, must continue A commissioner shall maintain these qualifications during their term of office. office in order to remain on the commission.SEC. 10. Section 65554 of the Food and Agricultural Code is repealed.65554.Each of the seven districts shall be represented by three members.SEC. 11. Section 65555 of the Food and Agricultural Code is amended to read:65555. The regular term terms of office of the members of the commission commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed, except that of the first members of each district, one shall serve for one year, one shall serve for two years and one shall serve for three years, with the determination of the term of each such member to be made by lot. Thereafter, their successors shall serve the regular term of office. appointed.SEC. 12. Section 65556 of the Food and Agricultural Code is amended to read:65556. Each member commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding any an election shall be entitled to two votes in such district, one for each of two nominees. In the first election after the effective date of this chapter, each producer entitled to vote in a district shall be entitled to six votes in such district, one for each of the six nominees, and the six nominees receiving the greatest number of votes shall be nominated for appointment as the members of such district for the initial terms hereunder. In the event of a tie vote which shall result in failure to nominate two persons for each commission membership available, there shall be another election held only between those nominees, the tie vote for whom resulted in such failure to so nominate required number of nominees. one vote in the district.SEC. 13. Section 65558 of the Food and Agricultural Code is repealed.65558.A nonprofit cooperative marketing association may vote by proxy for any member, if so authorized in writing. Such proxy shall be revocable at will.SEC. 14. Section 65559 of the Food and Agricultural Code is repealed.65559.Immediately after the effective date of this chapter, the director shall establish a list of producers in each district. Such list of producers may be established from lists of such persons whose names and addresses appear on file in the Department of Agriculture. In establishing such lists of producers, the director may issue a notice to shippers, requiring them to file with the director a certified report showing the name and mail address of the shipper, and the correct names and mail addresses of producers whose producing operations are located within each district from whom the shipper received fresh grapes during the next preceding season. Notice to such shippers shall be published by the director for a period of not less than five days in a newspaper of general circulation published in each district, and shall be mailed to all shippers of record with the department. The lists of producers shall be filed by shippers within 10 days from the last date of publication of the notice.SEC. 15. Section 65559 is added to the Food and Agricultural Code, to read:65559. The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners.SEC. 16. Section 65559.5 of the Food and Agricultural Code is amended to read:65559.5. (a) The commission or the director commission, in preparing a list of producers to be used under this chapter, may omit from such the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture. Any person so venture, as determined by the commission. A person who is omitted from such the list shall not be subjected to the provisions, is not subject to this chapter, including the payment of any assessments, of this chapter and shall not be and is not qualified as a producer under this chapter. Any(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing such the list.SEC. 17. Section 65560 of the Food and Agricultural Code is repealed.65560.In addition, the director may obtain lists of producers whenever and in such manner as he may deem necessary or advisable, for the purpose of checking, comparing or correcting such lists. Such producer lists shall, subject to any proper corrections, be final and conclusive in making determinations relative to the number and qualifications of producers entitled to vote for commissioners in a referendum, or those persons qualified as producers for any other purpose.SEC. 18. Section 65561 of the Food and Agricultural Code is repealed.65561.Any producer producing fresh grapes, whose name does not appear upon the directors list of producers affected, may have his name established thereon by filing with the director a signed statement, advising that he produced such fresh grapes in the next preceding season, and giving the quantity produced in each district and the quantity delivered to shippers or introduced into trade.SEC. 19. Section 65562 of the Food and Agricultural Code is amended to read:65562. Upon establishment of such the lists of producers, the Director of Agriculture secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each such district meeting for the nomination of members, the director commissioners, the secretary or a representative authorized by him the secretary shall preside, and receive nominations, and at the conclusion of each such the meeting shall announce the names of the persons nominated at the meetings and the time, the manner manner, and instructions for voting by mail. Thereafter, within 10 days after each such the meeting, the director secretary shall mail to all producers ballots for the election of members commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the Director of Agriculture secretary or mailed for delivery within 10 days after issuance of ballots by the director. secretary.SEC. 20. Section 65563 of the Food and Agricultural Code is amended to read:65563. Upon expiration of the voting period the director period, the secretary shall tabulate all votes and shall announce the names of those persons nominated for appointment as members of the commission from each district and shall appoint one of the two nominees from each district as a member of the commission; provided that in the appointment of the first members of the commission after this chapter becomes effective the director shall appoint three of the six nominees from each district as members of the commission to serve in accordance with Section 65555. appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection.SEC. 21. Section 65565 of the Food and Agricultural Code is repealed.65565.Subsequent to the first election after the effective date of this chapter, the commission shall compile and maintain a list of qualified producers and shall, at least 30 days prior to the date set for any meeting for nomination to office of commissioner, certify such list, to the director, and such list shall constitute the list of producers qualified to vote in any such election.SEC. 22. Section 65566 of the Food and Agricultural Code is amended to read:65566. Subsequent to the first election after the effective date of this chapter, persons to be A person appointed to the office of commissioner by the Director of Agriculture secretary shall be selected pursuant to such nomination the nomination, election, and appointment procedures as may be established by the rules and regulations adopted by the commission in accordance with the provisions of this chapter and approved by the director. secretary.SEC. 23. Section 65569 of the Food and Agricultural Code is amended to read:65569. No A commissioner shall not receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission, together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission.SEC. 24. Section 65570 of the Food and Agricultural Code is amended to read:65570. All moneys received by any a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to it, the commission, shall be deposited in into such banks as the commission may designate, and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the faithful performance of his duties, and in addition, as to such treasurer, the strict accounting of all funds of the commission, in the penal sum of not less than fifty thousand dollars ($50,000). commission.SEC. 25. Section 65572 of the Food and Agricultural Code is amended to read:65572. The powers and duties of the commission shall include include, but are not limited to, all of the following:(a) To elect a chairman, chairperson, and from time to time such other officers as it may deem advisable, and to delegate to such duties to the officers such administrative duties as may appear advisable.(b) To adopt and from time to time alter, rescind, modify modify, and amend all proper and necessary rules, regulations regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation regulation, procedure, or order of the commission.(c) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper proper, or advisable to effectuate effectuate, the purposes of this chapter.(d) To employ, and at its pleasure discharge, a manager, president, a treasurer, a secretary, employees employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and to incur such expenses as it may deem reasonably necessary and proper to properly perform such of its duties as are authorized herein. by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake such judicial proceedings as requested by the commission to undertake on its behalf.(e) To establish offices and offices, incur expense, and to expenses, enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(f) To keep accurate books, records records, and accounts of all of its dealings, which books, records and accounts shall be open to inspection and audit by the Department of Finance of the State of California or other state officer charged with the audit of operations of departments of the State of California. department, as directed by the secretary.(g) To In the discretion of the commission, to investigate and prosecute civilly violations of this chapter and to file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter.(h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate interstate, and foreign markets for fresh grapes; grapes, and to educate and instruct the public with respect to fresh grapes; and grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.(i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; and to present facts to to, and negotiate with with, state, federal federal, and foreign agencies on matters which that affect the marketing marketing, production, and distribution of fresh grapes; and to undertake any other similar activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes.(j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.(k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination dissemination, and accumulation of information obtained from such that research or elsewhere respecting with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection inspection, and transportation thereof, to of fresh grapes, develop and discover the dietetic value of fresh grapes and to grapes, develop and expand markets, and to improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with such that research, the commission shall have the power to may accept contributions of, or to may match, private, state state, or federal funds that may be available for these purposes, and to may employ or make contributions of funds to other persons or state or federal agencies conducting such that research.(l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry.(m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry.(l)(n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12 months 12-month period beginning on May 1st 1 and ending on April 30th. 30.(m)(o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers.(p) In the discretion of the commission, to administer any program related to the table grape industry.SEC. 26. Section 65573 of the Food and Agricultural Code is amended to read:65573.The provisions of this chapter except Sections 65550, 65551, 65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not become operative until the commission finds, in a referendum conducted by the commission in which at least 40 percent of the total number of producers established by the director as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, during the last completed marketing season participate, one or more of the following:65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:(a)That not less than 65(1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum.(b)That 51(2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum.The(b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum.Nonreceipt(c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary.If(d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663.Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission.SEC. 27. Section 65574 of the Food and Agricultural Code is amended to read:65574. The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Such members Each member shall be natural persons, each of whom shall be citizens and residents of this state, over the age of 25 years, each of whom, as an individual, an individual shipper, or a partner or employee of a shipper or shippers, is and has been shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee.SEC. 28. Section 65575 of the Food and Agricultural Code is amended to read:65575. Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission.SEC. 29. Section 65575.1 of the Food and Agricultural Code is repealed.65575.1.Not later than April 1 of 1979, and each third year thereafter, the commission shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the commission. The director shall, not later than April 30 of 1979, and each third year thereafter, appoint one of the nominees as the public member of the commission to serve a three-year term on the commission. If all nominees are unsatisfactory to the director, the commission shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of public member of the commission shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the commission not later than the first day of the second month following the month in which such vacancy occurs.SEC. 30. Section 65575.1 is added to the Food and Agricultural Code, to read:65575.1. The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection.SEC. 31. Section 65575.2 of the Food and Agricultural Code is amended to read:65575.2. The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry.SEC. 32. Section 65600 of the Food and Agricultural Code is amended to read:65600. (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season season, the assessment shall not exceed $0.006522 per pound ($0.6522 per 100 pounds), $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package.All(b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments.SEC. 33. Section 65601 of the Food and Agricultural Code is amended to read:65601. Every A shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such the shipper and the producer. The records shall be in simple form and contain such information as the commission shall by regulation or rule prescribe. Such the information prescribed by the commission. The records shall be preserved by such shipper for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent.SEC. 34. Section 65603 of the Food and Agricultural Code is amended to read:65603. All information obtained by the commission from shippers shall be confidential and shall not be disclosed disclosed, except when required by a court order in a judicial proceeding. proceeding involving this chapter.SEC. 35. Section 65650.5 of the Food and Agricultural Code is amended to read:65650.5. Any (a) A person aggrieved by any an action of the commission may appeal to the director. file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The director secretary shall review the record of the proceedings before the commission. If the director secretary finds that the record shows by substantial evidence that the commissions action was not an abuse of discretion or illegal, he the secretary shall dismiss such the appeal. If he finds such action is(b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, he the secretary may reverse the action of the commission.Any such decision of the director is(c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision.SEC. 36. Section 65651.5 is added to the Food and Agricultural Code, to read:65651.5. An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains.SEC. 37. Section 65652 of the Food and Agricultural Code is repealed.65652.Any such action may be commenced either in the county in which the defendant or any of the defendants reside or in which any act or omission or part thereof complained of occurred.SEC. 38. Section 65652 is added to the Food and Agricultural Code, to read:65652. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.SEC. 39. Section 65660 of the Food and Agricultural Code is repealed.65660.Upon the finding of 11 of the members of the commission that the operation of the provisions of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter shall be suspended; provided, that any such suspension shall not become effective until the expiration of the marketing season then current. The director shall, upon receipt of such recommendation, or upon a petition being filed with him requesting such suspension, signed by 20 percent of the producers, cause a referendum to be conducted among producers as certified by the commission in accordance with Section 65566, to determine if such operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 nor more than 60 days. The director is authorized to prescribe such additional procedure as may be necessary to conduct such referendum.SEC. 40. Section 65660 is added to the Food and Agricultural Code, to read:65660. (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate.(b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum.SEC. 41. Section 65661 of the Food and Agricultural Code is amended to read:65661. At the close of the referendum period established, the director established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during said period. If that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the director secretary as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, by the commission during the last completed marketing season, participate in the referendum and the director finds either: secretary finds that either of the following occurs:(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of such the suspension, and the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum; or referendum.(b) That 51 Fifty-one percent or more of the producers who voted in the referendum voted in favor of such the suspension, and that the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum; the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the marketing season then current. referendum.SEC. 42. Section 65662 of the Food and Agricultural Code is amended to read:65662. Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such that pro rata refund to such those persons, any such moneys remaining and any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry.SEC. 43. Section 65663 of the Food and Agricultural Code is amended to read:65663. Upon suspension of the operation of this chapter and of the commission, as aforesaid, commission, a notice thereof of the suspension shall be posted on a public bulletin board to be maintained by the director in his office, secretary in their office, and a copy of such the notice shall be published in a newspaper of general circulation in each district. It shall also be the duty of the The commission to shall mail a copy of the notice of suspension to all producers and shippers affected by such the suspension whose names and addresses are on file with the commission.SEC. 44. Section 65670 of the Food and Agricultural Code is repealed.65670.Nothing in this chapter contained shall apply to any order, rule or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission with respect to operation of common carriers.SEC. 45. Section 65673 of the Food and Agricultural Code is amended to read:65673. The commission shall reimburse to the Director of Agriculture secretary all expenses incurred by him them in the supervision of elections.SEC. 46. Section 65675 of the Food and Agricultural Code is amended to read:65675. (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the director secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operations of the provisions of this chapter operation of the commission shall be reapproved and continued remain effective. The vote for approval and continuation shall be the same as used for the original approval of the provisions of this chapter. If (b) If the commission finds that a favorable vote has been given, it shall so certify to the director secretary and all provisions of this chapter the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall so certify that finding to the director secretary who shall declare the operation of the provisions of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30. Thereupon, Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. No A bond or security shall not be required for any such referendum. |
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| 41 | 41 | | |
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| 42 | 42 | | The people of the State of California do enact as follows: |
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| 43 | 43 | | |
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| 44 | 44 | | ## The people of the State of California do enact as follows: |
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| 45 | 45 | | |
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| 46 | 46 | | SECTION 1. Section 65500 of the Food and Agricultural Code is amended to read:65500. (a)The Legislature finds and declares all of the following:(a) Grapes produced in California for fresh human consumption comprise compose one of the major agricultural crops of California, and the production and marketing of such these grapes affects the economy, welfare, standard of living living, and health of a large number of citizens residing in this state.(b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production thereof of California grapes, and unless the fresh human comsumption consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society.(c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for such these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.(d) Such These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms and their production. As a consequence, the purchasing power of such these producers and their workforce has been in the past, and may continue to be in the future unless such these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state.(e) These conditions vitally concern the health, peace, safety safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.(f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of such these grapes, the methods and care required in preparing and transporting such these grapes to market, and the handling of the same in consuming markets, reseach research respecting the health, food and dietetic value of California fresh grapes and the production, handling, transportation and marketing thereof, of California fresh grapes, the dissemination of information respecting the results of such that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value thereof, of fresh grapes, all serve to increase the consumption thereof of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy economy, and health of the people of this state.(g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in such that production and marketing, and to aid such these producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level.(h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a public interest; the provisions of this chapter are is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety safety, and general welfare of the people of this state. |
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| 47 | 47 | | |
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| 48 | 48 | | SECTION 1. Section 65500 of the Food and Agricultural Code is amended to read: |
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| 49 | 49 | | |
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| 50 | 50 | | ### SECTION 1. |
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| 51 | 51 | | |
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| 52 | 52 | | 65500. (a)The Legislature finds and declares all of the following:(a) Grapes produced in California for fresh human consumption comprise compose one of the major agricultural crops of California, and the production and marketing of such these grapes affects the economy, welfare, standard of living living, and health of a large number of citizens residing in this state.(b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production thereof of California grapes, and unless the fresh human comsumption consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society.(c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for such these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.(d) Such These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms and their production. As a consequence, the purchasing power of such these producers and their workforce has been in the past, and may continue to be in the future unless such these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state.(e) These conditions vitally concern the health, peace, safety safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.(f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of such these grapes, the methods and care required in preparing and transporting such these grapes to market, and the handling of the same in consuming markets, reseach research respecting the health, food and dietetic value of California fresh grapes and the production, handling, transportation and marketing thereof, of California fresh grapes, the dissemination of information respecting the results of such that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value thereof, of fresh grapes, all serve to increase the consumption thereof of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy economy, and health of the people of this state.(g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in such that production and marketing, and to aid such these producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level.(h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a public interest; the provisions of this chapter are is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety safety, and general welfare of the people of this state. |
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| 53 | 53 | | |
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| 54 | 54 | | 65500. (a)The Legislature finds and declares all of the following:(a) Grapes produced in California for fresh human consumption comprise compose one of the major agricultural crops of California, and the production and marketing of such these grapes affects the economy, welfare, standard of living living, and health of a large number of citizens residing in this state.(b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production thereof of California grapes, and unless the fresh human comsumption consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society.(c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for such these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.(d) Such These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms and their production. As a consequence, the purchasing power of such these producers and their workforce has been in the past, and may continue to be in the future unless such these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state.(e) These conditions vitally concern the health, peace, safety safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.(f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of such these grapes, the methods and care required in preparing and transporting such these grapes to market, and the handling of the same in consuming markets, reseach research respecting the health, food and dietetic value of California fresh grapes and the production, handling, transportation and marketing thereof, of California fresh grapes, the dissemination of information respecting the results of such that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value thereof, of fresh grapes, all serve to increase the consumption thereof of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy economy, and health of the people of this state.(g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in such that production and marketing, and to aid such these producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level.(h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a public interest; the provisions of this chapter are is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety safety, and general welfare of the people of this state. |
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| 55 | 55 | | |
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| 56 | 56 | | 65500. (a)The Legislature finds and declares all of the following:(a) Grapes produced in California for fresh human consumption comprise compose one of the major agricultural crops of California, and the production and marketing of such these grapes affects the economy, welfare, standard of living living, and health of a large number of citizens residing in this state.(b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production thereof of California grapes, and unless the fresh human comsumption consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society.(c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for such these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.(d) Such These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms and their production. As a consequence, the purchasing power of such these producers and their workforce has been in the past, and may continue to be in the future unless such these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state.(e) These conditions vitally concern the health, peace, safety safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state.(f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of such these grapes, the methods and care required in preparing and transporting such these grapes to market, and the handling of the same in consuming markets, reseach research respecting the health, food and dietetic value of California fresh grapes and the production, handling, transportation and marketing thereof, of California fresh grapes, the dissemination of information respecting the results of such that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value thereof, of fresh grapes, all serve to increase the consumption thereof of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy economy, and health of the people of this state.(g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in such that production and marketing, and to aid such these producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level.(h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a public interest; the provisions of this chapter are is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety safety, and general welfare of the people of this state. |
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| 57 | 57 | | |
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| 58 | 58 | | |
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| 59 | 59 | | |
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| 60 | 60 | | 65500. (a)The Legislature finds and declares all of the following: |
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| 61 | 61 | | |
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| 62 | 62 | | (a) Grapes produced in California for fresh human consumption comprise compose one of the major agricultural crops of California, and the production and marketing of such these grapes affects the economy, welfare, standard of living living, and health of a large number of citizens residing in this state. |
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| 63 | 63 | | |
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| 64 | 64 | | (b) Increased plantings of vineyards and improved cultural practices for the production of California grapes for fresh human consumption have increased and will continue to increase the production thereof of California grapes, and unless the fresh human comsumption consumption of California grapes is increased by the expansion of existing markets and the development of new markets, the interests of the fresh grape industry of California, and the public interest of the people of this state, will be adversely affected. The expansion of the table grape industry also provides an important source of jobs for many people in this state, a high proportion of whom reside in historically depressed areas of the state, and serves to ensure the preservation of an agrarian society. |
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| 65 | 65 | | |
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| 66 | 66 | | (c) The inability of individual producers to maintain or expand present markets or to develop new or larger markets for such these grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state. |
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| 67 | 67 | | |
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| 68 | 68 | | (d) Such These conditions and the accompanying waste jeopardize the future continued production of adequate supplies of fresh grapes for human consumption for the people of this and other states, and prevent producers from obtaining a fair return for their labor, their farms and their production. As a consequence, the purchasing power of such these producers and their workforce has been in the past, and may continue to be in the future unless such these conditions are remedied, low in relation to that of other people engaged in other gainful occupations within the state, and they are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and education functions, thus tending to increase unfairly the tax burden of other citizens of the state. |
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| 69 | 69 | | |
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| 70 | 70 | | (e) These conditions vitally concern the health, peace, safety safety, and general welfare of the people of this state. It is therefore necessary and expedient in the public interest to protect and enhance the reputation of California fresh grapes for human consumption in intrastate, interstate and foreign markets, and to otherwise act so to eliminate unreasonable and unnecessary economic waste of the agricultural wealth of this state. |
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| 71 | 71 | | |
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| 72 | 72 | | (f) The promotion of the sale of fresh grapes for human consumption by means of advertising, dissemination of information on the manner and means of production, and the care and effort required in the production of such these grapes, the methods and care required in preparing and transporting such these grapes to market, and the handling of the same in consuming markets, reseach research respecting the health, food and dietetic value of California fresh grapes and the production, handling, transportation and marketing thereof, of California fresh grapes, the dissemination of information respecting the results of such that research, instruction of the wholesale and retail trade with respect to handling thereof, and the education and instruction of the general public with reference to the various varieties of California fresh grapes for human consumption, the time to use and consume each variety and the uses to which each variety should be put, the dietetic and health value thereof, of fresh grapes, all serve to increase the consumption thereof of fresh grapes and to expand existing markets and create new markets for fresh grapes, and prevent agricultural waste, and is therefore in the interests of the welfare, public economy economy, and health of the people of this state. |
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| 73 | 73 | | |
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| 74 | 74 | | (g) It is hereby declared to be the policy of this state to aid producers of California fresh grapes in preventing economic waste in the production and marketing of their commodity, to develop more efficient and equitable methods in such that production and marketing, and to aid such these producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level. |
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| 75 | 75 | | |
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| 76 | 76 | | (h) The production and marketing of grapes produced in California for fresh human consumption is declared to be affected with a public interest; the provisions of this chapter are is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety safety, and general welfare of the people of this state. |
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| 77 | 77 | | |
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| 78 | 78 | | SEC. 2. Section 65527 of the Food and Agricultural Code is amended to read:65527. Person means any an individual, firm, corporation, association, or any other business unit, entity, and shall, for purposes of this chapter, include any includes a state agency which that engages in any of the commercial activities regulated pursuant to the provisions of this chapter. |
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| 79 | 79 | | |
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| 80 | 80 | | SEC. 2. Section 65527 of the Food and Agricultural Code is amended to read: |
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| 81 | 81 | | |
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| 82 | 82 | | ### SEC. 2. |
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| 83 | 83 | | |
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| 84 | 84 | | 65527. Person means any an individual, firm, corporation, association, or any other business unit, entity, and shall, for purposes of this chapter, include any includes a state agency which that engages in any of the commercial activities regulated pursuant to the provisions of this chapter. |
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| 85 | 85 | | |
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| 86 | 86 | | 65527. Person means any an individual, firm, corporation, association, or any other business unit, entity, and shall, for purposes of this chapter, include any includes a state agency which that engages in any of the commercial activities regulated pursuant to the provisions of this chapter. |
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| 87 | 87 | | |
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| 88 | 88 | | 65527. Person means any an individual, firm, corporation, association, or any other business unit, entity, and shall, for purposes of this chapter, include any includes a state agency which that engages in any of the commercial activities regulated pursuant to the provisions of this chapter. |
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| 89 | 89 | | |
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| 90 | 90 | | |
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| 91 | 91 | | |
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| 92 | 92 | | 65527. Person means any an individual, firm, corporation, association, or any other business unit, entity, and shall, for purposes of this chapter, include any includes a state agency which that engages in any of the commercial activities regulated pursuant to the provisions of this chapter. |
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| 93 | 93 | | |
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| 94 | 94 | | SEC. 3. Section 65528 of the Food and Agricultural Code is amended to read:65528. Director Secretary means the Director of Secretary of Food and Agriculture. |
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| 95 | 95 | | |
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| 96 | 96 | | SEC. 3. Section 65528 of the Food and Agricultural Code is amended to read: |
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| 97 | 97 | | |
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| 98 | 98 | | ### SEC. 3. |
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| 99 | 99 | | |
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| 100 | 100 | | 65528. Director Secretary means the Director of Secretary of Food and Agriculture. |
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| 101 | 101 | | |
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| 102 | 102 | | 65528. Director Secretary means the Director of Secretary of Food and Agriculture. |
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| 103 | 103 | | |
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| 104 | 104 | | 65528. Director Secretary means the Director of Secretary of Food and Agriculture. |
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| 105 | 105 | | |
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| 106 | 106 | | |
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| 107 | 107 | | |
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| 108 | 108 | | 65528. Director Secretary means the Director of Secretary of Food and Agriculture. |
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| 109 | 109 | | |
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| 110 | 110 | | SEC. 4. Section 65530 is added to the Food and Agricultural Code, to read:65530. State means the State of California. |
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| 111 | 111 | | |
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| 112 | 112 | | SEC. 4. Section 65530 is added to the Food and Agricultural Code, to read: |
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| 113 | 113 | | |
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| 114 | 114 | | ### SEC. 4. |
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| 115 | 115 | | |
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| 116 | 116 | | 65530. State means the State of California. |
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| 117 | 117 | | |
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| 118 | 118 | | 65530. State means the State of California. |
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| 119 | 119 | | |
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| 120 | 120 | | 65530. State means the State of California. |
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| 121 | 121 | | |
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| 122 | 122 | | |
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| 123 | 123 | | |
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| 124 | 124 | | 65530. State means the State of California. |
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| 125 | 125 | | |
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| 126 | 126 | | SEC. 5. Section 65532 of the Food and Agricultural Code is amended to read:65532. Commissioner means any member of the commission. a person appointed by the secretary pursuant to Section 65550. |
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| 127 | 127 | | |
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| 128 | 128 | | SEC. 5. Section 65532 of the Food and Agricultural Code is amended to read: |
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| 129 | 129 | | |
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| 130 | 130 | | ### SEC. 5. |
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| 131 | 131 | | |
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| 132 | 132 | | 65532. Commissioner means any member of the commission. a person appointed by the secretary pursuant to Section 65550. |
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| 133 | 133 | | |
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| 134 | 134 | | 65532. Commissioner means any member of the commission. a person appointed by the secretary pursuant to Section 65550. |
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| 135 | 135 | | |
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| 136 | 136 | | 65532. Commissioner means any member of the commission. a person appointed by the secretary pursuant to Section 65550. |
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| 137 | 137 | | |
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| 138 | 138 | | |
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| 139 | 139 | | |
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| 140 | 140 | | 65532. Commissioner means any member of the commission. a person appointed by the secretary pursuant to Section 65550. |
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| 141 | 141 | | |
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| 142 | 142 | | SEC. 6. Section 65533 of the Food and Agricultural Code is amended to read:65533. Districts shall consist of: means and includes: District 1. (Southern California) (Coachella Valley-Borrego) Includes(a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego County; Diego; thence northeasterly along the northern boundary of the County of San Diego County to the point of intersection with the western boundary of Riverside County; the County of Riverside; thence northerly along the said western boundary of the County of Riverside County to the northern boundary of said Riverside County; the County of Riverside; thence easterly along the said northern boundary of the County of Riverside County to the point of intersection with the California-Arizona state boundary. District 2. (Shafter, Bakersfield, Arvin) Includes(b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shore line shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along said U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of Kern County; the County of Kern; thence easterly along the said northern boundary of the County of Kern County and along the northern boundary of the County of San Bernardino County to the point of intersection with the California-Nevada state boundary. District 3. (Earlimart, Terra Bella, Delano, McFarland) Includes(c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the said north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 4. (Visalia, Exeter, Porterville) Includes(d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the said north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the said Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M. ; M.; thence easterly along the said Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary. District 5. (Reedley, Dinuba, Orange Cove) Includes(e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the said Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in Fresno County; the County of Fresno; thence northerly along the said McCall Road to the point of intersection with Rose Avenue in Fresno County; the County of Fresno; thence easterly along the said Rose Avenue and along the easterly projection thereof of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along the said Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along the said California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno County boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 6. (Madera, Fresno, Sanger) Includes(f) District 6, which includes all that area of California north of the northern boundary of District 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of Monterey County; the County of Monterey; thence easterly along the said northern boundary of the County of Monterey County to the northern boundary of the County of San Benito County; Benito; thence easterly along the said northern boundary of the County of San Benito County to a point on the western boundary of Merced County; the County of Merced; thence northeasterly along the said western boundary of the County of Merced County to the northern boundary of Merced County; the County of Merced; thence easterly along the said northern boundary of the County of Merced County to a point on the northern boundary of Mariposa County; the County of Mariposa; thence easterly along the said northern boundary of the County of Mariposa County to the eastern boundary of Madera County; the County of Madera; thence southerly along the said eastern boundary of the County of Madera County to a point on the western boundary of Mono County; the County of Mono; and also including all of the area in Mono County, the County of Mono, California. District 7. (Northern California) (Lodi)Includes all that area of California north of the northern boundary of District No. 6. (g) The commission may change the district boundaries by a two-thirds vote of the commission. |
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| 143 | 143 | | |
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| 144 | 144 | | SEC. 6. Section 65533 of the Food and Agricultural Code is amended to read: |
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| 145 | 145 | | |
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| 146 | 146 | | ### SEC. 6. |
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| 147 | 147 | | |
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| 148 | 148 | | 65533. Districts shall consist of: means and includes: District 1. (Southern California) (Coachella Valley-Borrego) Includes(a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego County; Diego; thence northeasterly along the northern boundary of the County of San Diego County to the point of intersection with the western boundary of Riverside County; the County of Riverside; thence northerly along the said western boundary of the County of Riverside County to the northern boundary of said Riverside County; the County of Riverside; thence easterly along the said northern boundary of the County of Riverside County to the point of intersection with the California-Arizona state boundary. District 2. (Shafter, Bakersfield, Arvin) Includes(b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shore line shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along said U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of Kern County; the County of Kern; thence easterly along the said northern boundary of the County of Kern County and along the northern boundary of the County of San Bernardino County to the point of intersection with the California-Nevada state boundary. District 3. (Earlimart, Terra Bella, Delano, McFarland) Includes(c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the said north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 4. (Visalia, Exeter, Porterville) Includes(d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the said north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the said Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M. ; M.; thence easterly along the said Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary. District 5. (Reedley, Dinuba, Orange Cove) Includes(e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the said Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in Fresno County; the County of Fresno; thence northerly along the said McCall Road to the point of intersection with Rose Avenue in Fresno County; the County of Fresno; thence easterly along the said Rose Avenue and along the easterly projection thereof of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along the said Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along the said California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno County boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 6. (Madera, Fresno, Sanger) Includes(f) District 6, which includes all that area of California north of the northern boundary of District 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of Monterey County; the County of Monterey; thence easterly along the said northern boundary of the County of Monterey County to the northern boundary of the County of San Benito County; Benito; thence easterly along the said northern boundary of the County of San Benito County to a point on the western boundary of Merced County; the County of Merced; thence northeasterly along the said western boundary of the County of Merced County to the northern boundary of Merced County; the County of Merced; thence easterly along the said northern boundary of the County of Merced County to a point on the northern boundary of Mariposa County; the County of Mariposa; thence easterly along the said northern boundary of the County of Mariposa County to the eastern boundary of Madera County; the County of Madera; thence southerly along the said eastern boundary of the County of Madera County to a point on the western boundary of Mono County; the County of Mono; and also including all of the area in Mono County, the County of Mono, California. District 7. (Northern California) (Lodi)Includes all that area of California north of the northern boundary of District No. 6. (g) The commission may change the district boundaries by a two-thirds vote of the commission. |
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| 149 | 149 | | |
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| 150 | 150 | | 65533. Districts shall consist of: means and includes: District 1. (Southern California) (Coachella Valley-Borrego) Includes(a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego County; Diego; thence northeasterly along the northern boundary of the County of San Diego County to the point of intersection with the western boundary of Riverside County; the County of Riverside; thence northerly along the said western boundary of the County of Riverside County to the northern boundary of said Riverside County; the County of Riverside; thence easterly along the said northern boundary of the County of Riverside County to the point of intersection with the California-Arizona state boundary. District 2. (Shafter, Bakersfield, Arvin) Includes(b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shore line shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along said U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of Kern County; the County of Kern; thence easterly along the said northern boundary of the County of Kern County and along the northern boundary of the County of San Bernardino County to the point of intersection with the California-Nevada state boundary. District 3. (Earlimart, Terra Bella, Delano, McFarland) Includes(c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the said north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 4. (Visalia, Exeter, Porterville) Includes(d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the said north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the said Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M. ; M.; thence easterly along the said Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary. District 5. (Reedley, Dinuba, Orange Cove) Includes(e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the said Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in Fresno County; the County of Fresno; thence northerly along the said McCall Road to the point of intersection with Rose Avenue in Fresno County; the County of Fresno; thence easterly along the said Rose Avenue and along the easterly projection thereof of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along the said Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along the said California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno County boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 6. (Madera, Fresno, Sanger) Includes(f) District 6, which includes all that area of California north of the northern boundary of District 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of Monterey County; the County of Monterey; thence easterly along the said northern boundary of the County of Monterey County to the northern boundary of the County of San Benito County; Benito; thence easterly along the said northern boundary of the County of San Benito County to a point on the western boundary of Merced County; the County of Merced; thence northeasterly along the said western boundary of the County of Merced County to the northern boundary of Merced County; the County of Merced; thence easterly along the said northern boundary of the County of Merced County to a point on the northern boundary of Mariposa County; the County of Mariposa; thence easterly along the said northern boundary of the County of Mariposa County to the eastern boundary of Madera County; the County of Madera; thence southerly along the said eastern boundary of the County of Madera County to a point on the western boundary of Mono County; the County of Mono; and also including all of the area in Mono County, the County of Mono, California. District 7. (Northern California) (Lodi)Includes all that area of California north of the northern boundary of District No. 6. (g) The commission may change the district boundaries by a two-thirds vote of the commission. |
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| 151 | 151 | | |
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| 152 | 152 | | 65533. Districts shall consist of: means and includes: District 1. (Southern California) (Coachella Valley-Borrego) Includes(a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego County; Diego; thence northeasterly along the northern boundary of the County of San Diego County to the point of intersection with the western boundary of Riverside County; the County of Riverside; thence northerly along the said western boundary of the County of Riverside County to the northern boundary of said Riverside County; the County of Riverside; thence easterly along the said northern boundary of the County of Riverside County to the point of intersection with the California-Arizona state boundary. District 2. (Shafter, Bakersfield, Arvin) Includes(b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shore line shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along said U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of Kern County; the County of Kern; thence easterly along the said northern boundary of the County of Kern County and along the northern boundary of the County of San Bernardino County to the point of intersection with the California-Nevada state boundary. District 3. (Earlimart, Terra Bella, Delano, McFarland) Includes(c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the said north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 4. (Visalia, Exeter, Porterville) Includes(d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the said north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the said Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M. ; M.; thence easterly along the said Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary. District 5. (Reedley, Dinuba, Orange Cove) Includes(e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the said Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in Fresno County; the County of Fresno; thence northerly along the said McCall Road to the point of intersection with Rose Avenue in Fresno County; the County of Fresno; thence easterly along the said Rose Avenue and along the easterly projection thereof of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along the said Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along the said California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno County boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary. District 6. (Madera, Fresno, Sanger) Includes(f) District 6, which includes all that area of California north of the northern boundary of District 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of Monterey County; the County of Monterey; thence easterly along the said northern boundary of the County of Monterey County to the northern boundary of the County of San Benito County; Benito; thence easterly along the said northern boundary of the County of San Benito County to a point on the western boundary of Merced County; the County of Merced; thence northeasterly along the said western boundary of the County of Merced County to the northern boundary of Merced County; the County of Merced; thence easterly along the said northern boundary of the County of Merced County to a point on the northern boundary of Mariposa County; the County of Mariposa; thence easterly along the said northern boundary of the County of Mariposa County to the eastern boundary of Madera County; the County of Madera; thence southerly along the said eastern boundary of the County of Madera County to a point on the western boundary of Mono County; the County of Mono; and also including all of the area in Mono County, the County of Mono, California. District 7. (Northern California) (Lodi)Includes all that area of California north of the northern boundary of District No. 6. (g) The commission may change the district boundaries by a two-thirds vote of the commission. |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | 65533. Districts shall consist of: means and includes: District 1. (Southern California) (Coachella Valley-Borrego) |
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| 157 | 157 | | |
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| 158 | 158 | | District 1. (Southern California) (Coachella Valley-Borrego) |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | Includes |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | |
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| 166 | 166 | | (a) District 1, which includes all that area of California south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the northern boundary line of the County of San Diego County; Diego; thence northeasterly along the northern boundary of the County of San Diego County to the point of intersection with the western boundary of Riverside County; the County of Riverside; thence northerly along the said western boundary of the County of Riverside County to the northern boundary of said Riverside County; the County of Riverside; thence easterly along the said northern boundary of the County of Riverside County to the point of intersection with the California-Arizona state boundary. |
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| 167 | 167 | | |
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| 168 | 168 | | District 2. (Shafter, Bakersfield, Arvin) |
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| 169 | 169 | | |
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| 170 | 170 | | |
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| 171 | 171 | | |
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| 172 | 172 | | Includes |
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| 173 | 173 | | |
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| 174 | 174 | | |
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| 175 | 175 | | |
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| 176 | 176 | | (b) District 2, which includes all that area of California north of the northern boundary of District No. 1 and south of a line described as beginning at the intersection of the shore line shoreline of the Pacific Ocean with a line projected due west from the intersection of U.S. Highway No. 466 and California State Highway No. 1; thence easterly along said U.S. Highway No. 466 to the town of Famoso; thence from Famoso northeasterly along the Famoso to Woody County Road to the town of Woody; thence along a line due north to a point on the northern boundary of Kern County; the County of Kern; thence easterly along the said northern boundary of the County of Kern County and along the northern boundary of the County of San Bernardino County to the point of intersection with the California-Nevada state boundary. |
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| 177 | 177 | | |
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| 178 | 178 | | District 3. (Earlimart, Terra Bella, Delano, McFarland) |
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| 179 | 179 | | |
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| 180 | 180 | | |
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| 181 | 181 | | |
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| 182 | 182 | | Includes |
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| 183 | 183 | | |
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| 184 | 184 | | |
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| 185 | 185 | | |
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| 186 | 186 | | (c) District 3, which includes all that area of California north of the northern boundary of District No. 2 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 23 south, M.D. B. & M.; thence easterly along the said north line of Township 23 south projected to the point of intersection with the Principal San Bernardino Meridian; thence due east along a line to the point of intersection with the California-Nevada state boundary. |
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| 187 | 187 | | |
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| 188 | 188 | | District 4. (Visalia, Exeter, Porterville) |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | Includes |
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| 193 | 193 | | |
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| 194 | 194 | | |
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| 195 | 195 | | |
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| 196 | 196 | | (d) District 4, which includes all that area of California north of the northern boundary of District No. 3 and south of a line described as beginning at the point of intersection of the shore line shoreline of the Pacific Ocean with the westerly projection of the north line of Township 18 south, M.D. B. & M.; thence easterly along the said north line of Township 18 south projected to the point of intersection with the Principal San Bernardino Meridian; thence southerly along the said Principal San Bernardino Meridian to the Fifth Standard Parallel north, S.B. B. & M. ; M.; thence easterly along the said Fifth Standard Parallel north to the point of intersection with the California-Nevada state boundary. |
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| 197 | 197 | | |
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| 198 | 198 | | District 5. (Reedley, Dinuba, Orange Cove) |
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| 199 | 199 | | |
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| 200 | 200 | | |
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| 201 | 201 | | |
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| 202 | 202 | | Includes |
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| 203 | 203 | | |
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| 204 | 204 | | |
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| 205 | 205 | | |
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| 206 | 206 | | (e) District 5, which includes all that area of California north of the northern boundary of District No. 4 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the Fourth Standard Parallel south M. D. B. & M.; thence easterly along the said Fourth Standard Parallel south to the point of intersection with the southerly projection of McCall Road in Fresno County; the County of Fresno; thence northerly along the said McCall Road to the point of intersection with Rose Avenue in Fresno County; the County of Fresno; thence easterly along the said Rose Avenue and along the easterly projection thereof of Rose Avenue to the point of intersection with the main channel of Kings River; thence northerly along the said Kings River to the point of intersection with California State Highway Sign Route No. 180; thence easterly along the said California State Highway Sign Route No. 180 to the point of intersection with the County of Fresno County boundary; thence due east along a line to the point of intersection with the California-Nevada state boundary. |
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| 207 | 207 | | |
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| 208 | 208 | | District 6. (Madera, Fresno, Sanger) |
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| 209 | 209 | | |
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| 210 | 210 | | |
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| 211 | 211 | | |
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| 212 | 212 | | Includes |
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| 213 | 213 | | |
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| 214 | 214 | | |
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| 215 | 215 | | |
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| 216 | 216 | | (f) District 6, which includes all that area of California north of the northern boundary of District 5 and south of a line described as beginning at the point of intersection of the shoreline of the Pacific Ocean with the northern boundary of Monterey County; the County of Monterey; thence easterly along the said northern boundary of the County of Monterey County to the northern boundary of the County of San Benito County; Benito; thence easterly along the said northern boundary of the County of San Benito County to a point on the western boundary of Merced County; the County of Merced; thence northeasterly along the said western boundary of the County of Merced County to the northern boundary of Merced County; the County of Merced; thence easterly along the said northern boundary of the County of Merced County to a point on the northern boundary of Mariposa County; the County of Mariposa; thence easterly along the said northern boundary of the County of Mariposa County to the eastern boundary of Madera County; the County of Madera; thence southerly along the said eastern boundary of the County of Madera County to a point on the western boundary of Mono County; the County of Mono; and also including all of the area in Mono County, the County of Mono, California. |
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| 217 | 217 | | |
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| 218 | 218 | | District 7. (Northern California) (Lodi) |
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| 219 | 219 | | |
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| 220 | 220 | | |
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| 221 | 221 | | |
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| 222 | 222 | | Includes all that area of California north of the northern boundary of District No. 6. |
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| 223 | 223 | | |
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| 224 | 224 | | |
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| 225 | 225 | | |
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| 226 | 226 | | (g) The commission may change the district boundaries by a two-thirds vote of the commission. |
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| 227 | 227 | | |
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| 228 | 228 | | SEC. 7. Section 65550 of the Food and Agricultural Code is amended to read:65550. There is hereby created the in the state government the California Table Grape Commission to be thus known and designated. Commission. The commission shall be composed of 21 fresh grape producers comprise three producers from each district appointed by the director secretary from the nominees selected as provided by this pursuant to this article and one public member appointed pursuant to Section 65575.1. |
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| 229 | 229 | | |
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| 230 | 230 | | SEC. 7. Section 65550 of the Food and Agricultural Code is amended to read: |
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| 231 | 231 | | |
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| 232 | 232 | | ### SEC. 7. |
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| 233 | 233 | | |
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| 234 | 234 | | 65550. There is hereby created the in the state government the California Table Grape Commission to be thus known and designated. Commission. The commission shall be composed of 21 fresh grape producers comprise three producers from each district appointed by the director secretary from the nominees selected as provided by this pursuant to this article and one public member appointed pursuant to Section 65575.1. |
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| 235 | 235 | | |
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| 236 | 236 | | 65550. There is hereby created the in the state government the California Table Grape Commission to be thus known and designated. Commission. The commission shall be composed of 21 fresh grape producers comprise three producers from each district appointed by the director secretary from the nominees selected as provided by this pursuant to this article and one public member appointed pursuant to Section 65575.1. |
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| 237 | 237 | | |
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| 238 | 238 | | 65550. There is hereby created the in the state government the California Table Grape Commission to be thus known and designated. Commission. The commission shall be composed of 21 fresh grape producers comprise three producers from each district appointed by the director secretary from the nominees selected as provided by this pursuant to this article and one public member appointed pursuant to Section 65575.1. |
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| 239 | 239 | | |
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| 240 | 240 | | |
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| 241 | 241 | | |
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| 242 | 242 | | 65550. There is hereby created the in the state government the California Table Grape Commission to be thus known and designated. Commission. The commission shall be composed of 21 fresh grape producers comprise three producers from each district appointed by the director secretary from the nominees selected as provided by this pursuant to this article and one public member appointed pursuant to Section 65575.1. |
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| 243 | 243 | | |
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| 244 | 244 | | SEC. 8. Section 65552 of the Food and Agricultural Code is amended to read:65552. The commission may appoint a manager, employ a president, a treasurer treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with such powers and duties as that may be delegated to them by the commission. No such An officer employed pursuant to this section shall not be a member of the commission. commissioner. |
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| 245 | 245 | | |
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| 246 | 246 | | SEC. 8. Section 65552 of the Food and Agricultural Code is amended to read: |
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| 247 | 247 | | |
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| 248 | 248 | | ### SEC. 8. |
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| 249 | 249 | | |
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| 250 | 250 | | 65552. The commission may appoint a manager, employ a president, a treasurer treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with such powers and duties as that may be delegated to them by the commission. No such An officer employed pursuant to this section shall not be a member of the commission. commissioner. |
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| 251 | 251 | | |
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| 252 | 252 | | 65552. The commission may appoint a manager, employ a president, a treasurer treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with such powers and duties as that may be delegated to them by the commission. No such An officer employed pursuant to this section shall not be a member of the commission. commissioner. |
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| 253 | 253 | | |
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| 254 | 254 | | 65552. The commission may appoint a manager, employ a president, a treasurer treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with such powers and duties as that may be delegated to them by the commission. No such An officer employed pursuant to this section shall not be a member of the commission. commissioner. |
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| 255 | 255 | | |
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| 256 | 256 | | |
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| 257 | 257 | | |
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| 258 | 258 | | 65552. The commission may appoint a manager, employ a president, a treasurer treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with such powers and duties as that may be delegated to them by the commission. No such An officer employed pursuant to this section shall not be a member of the commission. commissioner. |
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| 259 | 259 | | |
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| 260 | 260 | | SEC. 9. Section 65553 of the Food and Agricultural Code is amended to read:65553. The members of the commission A commissioner shall be natural persons, each of whom shall be a citizen and resident of this state over the age of 25 years, and each of whom, as an individual, an individual producer, or a partner or employee of a producer or producers, is and has been producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to the provisions of this chapter at the time of the election. Not No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association association, or business organization; entity, provided further, that not more than one member in any one district shall be so employed or connected. The qualifications of members of the commission, as herein set forth, must continue A commissioner shall maintain these qualifications during their term of office. office in order to remain on the commission. |
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| 261 | 261 | | |
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| 262 | 262 | | SEC. 9. Section 65553 of the Food and Agricultural Code is amended to read: |
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| 263 | 263 | | |
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| 264 | 264 | | ### SEC. 9. |
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| 265 | 265 | | |
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| 266 | 266 | | 65553. The members of the commission A commissioner shall be natural persons, each of whom shall be a citizen and resident of this state over the age of 25 years, and each of whom, as an individual, an individual producer, or a partner or employee of a producer or producers, is and has been producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to the provisions of this chapter at the time of the election. Not No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association association, or business organization; entity, provided further, that not more than one member in any one district shall be so employed or connected. The qualifications of members of the commission, as herein set forth, must continue A commissioner shall maintain these qualifications during their term of office. office in order to remain on the commission. |
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| 267 | 267 | | |
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| 268 | 268 | | 65553. The members of the commission A commissioner shall be natural persons, each of whom shall be a citizen and resident of this state over the age of 25 years, and each of whom, as an individual, an individual producer, or a partner or employee of a producer or producers, is and has been producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to the provisions of this chapter at the time of the election. Not No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association association, or business organization; entity, provided further, that not more than one member in any one district shall be so employed or connected. The qualifications of members of the commission, as herein set forth, must continue A commissioner shall maintain these qualifications during their term of office. office in order to remain on the commission. |
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| 269 | 269 | | |
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| 270 | 270 | | 65553. The members of the commission A commissioner shall be natural persons, each of whom shall be a citizen and resident of this state over the age of 25 years, and each of whom, as an individual, an individual producer, or a partner or employee of a producer or producers, is and has been producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to the provisions of this chapter at the time of the election. Not No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association association, or business organization; entity, provided further, that not more than one member in any one district shall be so employed or connected. The qualifications of members of the commission, as herein set forth, must continue A commissioner shall maintain these qualifications during their term of office. office in order to remain on the commission. |
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| 271 | 271 | | |
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| 272 | 272 | | |
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| 273 | 273 | | |
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| 274 | 274 | | 65553. The members of the commission A commissioner shall be natural persons, each of whom shall be a citizen and resident of this state over the age of 25 years, and each of whom, as an individual, an individual producer, or a partner or employee of a producer or producers, is and has been producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to the provisions of this chapter at the time of the election. Not No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association association, or business organization; entity, provided further, that not more than one member in any one district shall be so employed or connected. The qualifications of members of the commission, as herein set forth, must continue A commissioner shall maintain these qualifications during their term of office. office in order to remain on the commission. |
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| 275 | 275 | | |
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| 276 | 276 | | SEC. 10. Section 65554 of the Food and Agricultural Code is repealed.65554.Each of the seven districts shall be represented by three members. |
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| 277 | 277 | | |
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| 278 | 278 | | SEC. 10. Section 65554 of the Food and Agricultural Code is repealed. |
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| 279 | 279 | | |
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| 280 | 280 | | ### SEC. 10. |
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| 281 | 281 | | |
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| 282 | 282 | | 65554.Each of the seven districts shall be represented by three members. |
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| 283 | 283 | | |
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| 284 | 284 | | |
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| 285 | 285 | | |
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| 286 | 286 | | Each of the seven districts shall be represented by three members. |
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| 287 | 287 | | |
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| 288 | 288 | | |
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| 289 | 289 | | |
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| 290 | 290 | | SEC. 11. Section 65555 of the Food and Agricultural Code is amended to read:65555. The regular term terms of office of the members of the commission commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed, except that of the first members of each district, one shall serve for one year, one shall serve for two years and one shall serve for three years, with the determination of the term of each such member to be made by lot. Thereafter, their successors shall serve the regular term of office. appointed. |
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| 291 | 291 | | |
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| 292 | 292 | | SEC. 11. Section 65555 of the Food and Agricultural Code is amended to read: |
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| 293 | 293 | | |
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| 294 | 294 | | ### SEC. 11. |
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| 295 | 295 | | |
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| 296 | 296 | | 65555. The regular term terms of office of the members of the commission commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed, except that of the first members of each district, one shall serve for one year, one shall serve for two years and one shall serve for three years, with the determination of the term of each such member to be made by lot. Thereafter, their successors shall serve the regular term of office. appointed. |
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| 297 | 297 | | |
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| 298 | 298 | | 65555. The regular term terms of office of the members of the commission commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed, except that of the first members of each district, one shall serve for one year, one shall serve for two years and one shall serve for three years, with the determination of the term of each such member to be made by lot. Thereafter, their successors shall serve the regular term of office. appointed. |
|---|
| 299 | 299 | | |
|---|
| 300 | 300 | | 65555. The regular term terms of office of the members of the commission commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed, except that of the first members of each district, one shall serve for one year, one shall serve for two years and one shall serve for three years, with the determination of the term of each such member to be made by lot. Thereafter, their successors shall serve the regular term of office. appointed. |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | |
|---|
| 304 | 304 | | 65555. The regular term terms of office of the members of the commission commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed, except that of the first members of each district, one shall serve for one year, one shall serve for two years and one shall serve for three years, with the determination of the term of each such member to be made by lot. Thereafter, their successors shall serve the regular term of office. appointed. |
|---|
| 305 | 305 | | |
|---|
| 306 | 306 | | SEC. 12. Section 65556 of the Food and Agricultural Code is amended to read:65556. Each member commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding any an election shall be entitled to two votes in such district, one for each of two nominees. In the first election after the effective date of this chapter, each producer entitled to vote in a district shall be entitled to six votes in such district, one for each of the six nominees, and the six nominees receiving the greatest number of votes shall be nominated for appointment as the members of such district for the initial terms hereunder. In the event of a tie vote which shall result in failure to nominate two persons for each commission membership available, there shall be another election held only between those nominees, the tie vote for whom resulted in such failure to so nominate required number of nominees. one vote in the district. |
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| 307 | 307 | | |
|---|
| 308 | 308 | | SEC. 12. Section 65556 of the Food and Agricultural Code is amended to read: |
|---|
| 309 | 309 | | |
|---|
| 310 | 310 | | ### SEC. 12. |
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| 311 | 311 | | |
|---|
| 312 | 312 | | 65556. Each member commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding any an election shall be entitled to two votes in such district, one for each of two nominees. In the first election after the effective date of this chapter, each producer entitled to vote in a district shall be entitled to six votes in such district, one for each of the six nominees, and the six nominees receiving the greatest number of votes shall be nominated for appointment as the members of such district for the initial terms hereunder. In the event of a tie vote which shall result in failure to nominate two persons for each commission membership available, there shall be another election held only between those nominees, the tie vote for whom resulted in such failure to so nominate required number of nominees. one vote in the district. |
|---|
| 313 | 313 | | |
|---|
| 314 | 314 | | 65556. Each member commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding any an election shall be entitled to two votes in such district, one for each of two nominees. In the first election after the effective date of this chapter, each producer entitled to vote in a district shall be entitled to six votes in such district, one for each of the six nominees, and the six nominees receiving the greatest number of votes shall be nominated for appointment as the members of such district for the initial terms hereunder. In the event of a tie vote which shall result in failure to nominate two persons for each commission membership available, there shall be another election held only between those nominees, the tie vote for whom resulted in such failure to so nominate required number of nominees. one vote in the district. |
|---|
| 315 | 315 | | |
|---|
| 316 | 316 | | 65556. Each member commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding any an election shall be entitled to two votes in such district, one for each of two nominees. In the first election after the effective date of this chapter, each producer entitled to vote in a district shall be entitled to six votes in such district, one for each of the six nominees, and the six nominees receiving the greatest number of votes shall be nominated for appointment as the members of such district for the initial terms hereunder. In the event of a tie vote which shall result in failure to nominate two persons for each commission membership available, there shall be another election held only between those nominees, the tie vote for whom resulted in such failure to so nominate required number of nominees. one vote in the district. |
|---|
| 317 | 317 | | |
|---|
| 318 | 318 | | |
|---|
| 319 | 319 | | |
|---|
| 320 | 320 | | 65556. Each member commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding any an election shall be entitled to two votes in such district, one for each of two nominees. In the first election after the effective date of this chapter, each producer entitled to vote in a district shall be entitled to six votes in such district, one for each of the six nominees, and the six nominees receiving the greatest number of votes shall be nominated for appointment as the members of such district for the initial terms hereunder. In the event of a tie vote which shall result in failure to nominate two persons for each commission membership available, there shall be another election held only between those nominees, the tie vote for whom resulted in such failure to so nominate required number of nominees. one vote in the district. |
|---|
| 321 | 321 | | |
|---|
| 322 | 322 | | SEC. 13. Section 65558 of the Food and Agricultural Code is repealed.65558.A nonprofit cooperative marketing association may vote by proxy for any member, if so authorized in writing. Such proxy shall be revocable at will. |
|---|
| 323 | 323 | | |
|---|
| 324 | 324 | | SEC. 13. Section 65558 of the Food and Agricultural Code is repealed. |
|---|
| 325 | 325 | | |
|---|
| 326 | 326 | | ### SEC. 13. |
|---|
| 327 | 327 | | |
|---|
| 328 | 328 | | 65558.A nonprofit cooperative marketing association may vote by proxy for any member, if so authorized in writing. Such proxy shall be revocable at will. |
|---|
| 329 | 329 | | |
|---|
| 330 | 330 | | |
|---|
| 331 | 331 | | |
|---|
| 332 | 332 | | A nonprofit cooperative marketing association may vote by proxy for any member, if so authorized in writing. Such proxy shall be revocable at will. |
|---|
| 333 | 333 | | |
|---|
| 334 | 334 | | |
|---|
| 335 | 335 | | |
|---|
| 336 | 336 | | SEC. 14. Section 65559 of the Food and Agricultural Code is repealed.65559.Immediately after the effective date of this chapter, the director shall establish a list of producers in each district. Such list of producers may be established from lists of such persons whose names and addresses appear on file in the Department of Agriculture. In establishing such lists of producers, the director may issue a notice to shippers, requiring them to file with the director a certified report showing the name and mail address of the shipper, and the correct names and mail addresses of producers whose producing operations are located within each district from whom the shipper received fresh grapes during the next preceding season. Notice to such shippers shall be published by the director for a period of not less than five days in a newspaper of general circulation published in each district, and shall be mailed to all shippers of record with the department. The lists of producers shall be filed by shippers within 10 days from the last date of publication of the notice. |
|---|
| 337 | 337 | | |
|---|
| 338 | 338 | | SEC. 14. Section 65559 of the Food and Agricultural Code is repealed. |
|---|
| 339 | 339 | | |
|---|
| 340 | 340 | | ### SEC. 14. |
|---|
| 341 | 341 | | |
|---|
| 342 | 342 | | 65559.Immediately after the effective date of this chapter, the director shall establish a list of producers in each district. Such list of producers may be established from lists of such persons whose names and addresses appear on file in the Department of Agriculture. In establishing such lists of producers, the director may issue a notice to shippers, requiring them to file with the director a certified report showing the name and mail address of the shipper, and the correct names and mail addresses of producers whose producing operations are located within each district from whom the shipper received fresh grapes during the next preceding season. Notice to such shippers shall be published by the director for a period of not less than five days in a newspaper of general circulation published in each district, and shall be mailed to all shippers of record with the department. The lists of producers shall be filed by shippers within 10 days from the last date of publication of the notice. |
|---|
| 343 | 343 | | |
|---|
| 344 | 344 | | |
|---|
| 345 | 345 | | |
|---|
| 346 | 346 | | Immediately after the effective date of this chapter, the director shall establish a list of producers in each district. Such list of producers may be established from lists of such persons whose names and addresses appear on file in the Department of Agriculture. In establishing such lists of producers, the director may issue a notice to shippers, requiring them to file with the director a certified report showing the name and mail address of the shipper, and the correct names and mail addresses of producers whose producing operations are located within each district from whom the shipper received fresh grapes during the next preceding season. Notice to such shippers shall be published by the director for a period of not less than five days in a newspaper of general circulation published in each district, and shall be mailed to all shippers of record with the department. The lists of producers shall be filed by shippers within 10 days from the last date of publication of the notice. |
|---|
| 347 | 347 | | |
|---|
| 348 | 348 | | |
|---|
| 349 | 349 | | |
|---|
| 350 | 350 | | SEC. 15. Section 65559 is added to the Food and Agricultural Code, to read:65559. The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners. |
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| 351 | 351 | | |
|---|
| 352 | 352 | | SEC. 15. Section 65559 is added to the Food and Agricultural Code, to read: |
|---|
| 353 | 353 | | |
|---|
| 354 | 354 | | ### SEC. 15. |
|---|
| 355 | 355 | | |
|---|
| 356 | 356 | | 65559. The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners. |
|---|
| 357 | 357 | | |
|---|
| 358 | 358 | | 65559. The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners. |
|---|
| 359 | 359 | | |
|---|
| 360 | 360 | | 65559. The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners. |
|---|
| 361 | 361 | | |
|---|
| 362 | 362 | | |
|---|
| 363 | 363 | | |
|---|
| 364 | 364 | | 65559. The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners. |
|---|
| 365 | 365 | | |
|---|
| 366 | 366 | | SEC. 16. Section 65559.5 of the Food and Agricultural Code is amended to read:65559.5. (a) The commission or the director commission, in preparing a list of producers to be used under this chapter, may omit from such the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture. Any person so venture, as determined by the commission. A person who is omitted from such the list shall not be subjected to the provisions, is not subject to this chapter, including the payment of any assessments, of this chapter and shall not be and is not qualified as a producer under this chapter. Any(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing such the list. |
|---|
| 367 | 367 | | |
|---|
| 368 | 368 | | SEC. 16. Section 65559.5 of the Food and Agricultural Code is amended to read: |
|---|
| 369 | 369 | | |
|---|
| 370 | 370 | | ### SEC. 16. |
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| 371 | 371 | | |
|---|
| 372 | 372 | | 65559.5. (a) The commission or the director commission, in preparing a list of producers to be used under this chapter, may omit from such the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture. Any person so venture, as determined by the commission. A person who is omitted from such the list shall not be subjected to the provisions, is not subject to this chapter, including the payment of any assessments, of this chapter and shall not be and is not qualified as a producer under this chapter. Any(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing such the list. |
|---|
| 373 | 373 | | |
|---|
| 374 | 374 | | 65559.5. (a) The commission or the director commission, in preparing a list of producers to be used under this chapter, may omit from such the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture. Any person so venture, as determined by the commission. A person who is omitted from such the list shall not be subjected to the provisions, is not subject to this chapter, including the payment of any assessments, of this chapter and shall not be and is not qualified as a producer under this chapter. Any(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing such the list. |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | 65559.5. (a) The commission or the director commission, in preparing a list of producers to be used under this chapter, may omit from such the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture. Any person so venture, as determined by the commission. A person who is omitted from such the list shall not be subjected to the provisions, is not subject to this chapter, including the payment of any assessments, of this chapter and shall not be and is not qualified as a producer under this chapter. Any(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing such the list. |
|---|
| 377 | 377 | | |
|---|
| 378 | 378 | | |
|---|
| 379 | 379 | | |
|---|
| 380 | 380 | | 65559.5. (a) The commission or the director commission, in preparing a list of producers to be used under this chapter, may omit from such the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture. Any person so venture, as determined by the commission. A person who is omitted from such the list shall not be subjected to the provisions, is not subject to this chapter, including the payment of any assessments, of this chapter and shall not be and is not qualified as a producer under this chapter. |
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| 381 | 381 | | |
|---|
| 382 | 382 | | Any |
|---|
| 383 | 383 | | |
|---|
| 384 | 384 | | |
|---|
| 385 | 385 | | |
|---|
| 386 | 386 | | (b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing such the list. |
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| 387 | 387 | | |
|---|
| 388 | 388 | | SEC. 17. Section 65560 of the Food and Agricultural Code is repealed.65560.In addition, the director may obtain lists of producers whenever and in such manner as he may deem necessary or advisable, for the purpose of checking, comparing or correcting such lists. Such producer lists shall, subject to any proper corrections, be final and conclusive in making determinations relative to the number and qualifications of producers entitled to vote for commissioners in a referendum, or those persons qualified as producers for any other purpose. |
|---|
| 389 | 389 | | |
|---|
| 390 | 390 | | SEC. 17. Section 65560 of the Food and Agricultural Code is repealed. |
|---|
| 391 | 391 | | |
|---|
| 392 | 392 | | ### SEC. 17. |
|---|
| 393 | 393 | | |
|---|
| 394 | 394 | | 65560.In addition, the director may obtain lists of producers whenever and in such manner as he may deem necessary or advisable, for the purpose of checking, comparing or correcting such lists. Such producer lists shall, subject to any proper corrections, be final and conclusive in making determinations relative to the number and qualifications of producers entitled to vote for commissioners in a referendum, or those persons qualified as producers for any other purpose. |
|---|
| 395 | 395 | | |
|---|
| 396 | 396 | | |
|---|
| 397 | 397 | | |
|---|
| 398 | 398 | | In addition, the director may obtain lists of producers whenever and in such manner as he may deem necessary or advisable, for the purpose of checking, comparing or correcting such lists. Such producer lists shall, subject to any proper corrections, be final and conclusive in making determinations relative to the number and qualifications of producers entitled to vote for commissioners in a referendum, or those persons qualified as producers for any other purpose. |
|---|
| 399 | 399 | | |
|---|
| 400 | 400 | | |
|---|
| 401 | 401 | | |
|---|
| 402 | 402 | | SEC. 18. Section 65561 of the Food and Agricultural Code is repealed.65561.Any producer producing fresh grapes, whose name does not appear upon the directors list of producers affected, may have his name established thereon by filing with the director a signed statement, advising that he produced such fresh grapes in the next preceding season, and giving the quantity produced in each district and the quantity delivered to shippers or introduced into trade. |
|---|
| 403 | 403 | | |
|---|
| 404 | 404 | | SEC. 18. Section 65561 of the Food and Agricultural Code is repealed. |
|---|
| 405 | 405 | | |
|---|
| 406 | 406 | | ### SEC. 18. |
|---|
| 407 | 407 | | |
|---|
| 408 | 408 | | 65561.Any producer producing fresh grapes, whose name does not appear upon the directors list of producers affected, may have his name established thereon by filing with the director a signed statement, advising that he produced such fresh grapes in the next preceding season, and giving the quantity produced in each district and the quantity delivered to shippers or introduced into trade. |
|---|
| 409 | 409 | | |
|---|
| 410 | 410 | | |
|---|
| 411 | 411 | | |
|---|
| 412 | 412 | | Any producer producing fresh grapes, whose name does not appear upon the directors list of producers affected, may have his name established thereon by filing with the director a signed statement, advising that he produced such fresh grapes in the next preceding season, and giving the quantity produced in each district and the quantity delivered to shippers or introduced into trade. |
|---|
| 413 | 413 | | |
|---|
| 414 | 414 | | |
|---|
| 415 | 415 | | |
|---|
| 416 | 416 | | SEC. 19. Section 65562 of the Food and Agricultural Code is amended to read:65562. Upon establishment of such the lists of producers, the Director of Agriculture secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each such district meeting for the nomination of members, the director commissioners, the secretary or a representative authorized by him the secretary shall preside, and receive nominations, and at the conclusion of each such the meeting shall announce the names of the persons nominated at the meetings and the time, the manner manner, and instructions for voting by mail. Thereafter, within 10 days after each such the meeting, the director secretary shall mail to all producers ballots for the election of members commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the Director of Agriculture secretary or mailed for delivery within 10 days after issuance of ballots by the director. secretary. |
|---|
| 417 | 417 | | |
|---|
| 418 | 418 | | SEC. 19. Section 65562 of the Food and Agricultural Code is amended to read: |
|---|
| 419 | 419 | | |
|---|
| 420 | 420 | | ### SEC. 19. |
|---|
| 421 | 421 | | |
|---|
| 422 | 422 | | 65562. Upon establishment of such the lists of producers, the Director of Agriculture secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each such district meeting for the nomination of members, the director commissioners, the secretary or a representative authorized by him the secretary shall preside, and receive nominations, and at the conclusion of each such the meeting shall announce the names of the persons nominated at the meetings and the time, the manner manner, and instructions for voting by mail. Thereafter, within 10 days after each such the meeting, the director secretary shall mail to all producers ballots for the election of members commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the Director of Agriculture secretary or mailed for delivery within 10 days after issuance of ballots by the director. secretary. |
|---|
| 423 | 423 | | |
|---|
| 424 | 424 | | 65562. Upon establishment of such the lists of producers, the Director of Agriculture secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each such district meeting for the nomination of members, the director commissioners, the secretary or a representative authorized by him the secretary shall preside, and receive nominations, and at the conclusion of each such the meeting shall announce the names of the persons nominated at the meetings and the time, the manner manner, and instructions for voting by mail. Thereafter, within 10 days after each such the meeting, the director secretary shall mail to all producers ballots for the election of members commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the Director of Agriculture secretary or mailed for delivery within 10 days after issuance of ballots by the director. secretary. |
|---|
| 425 | 425 | | |
|---|
| 426 | 426 | | 65562. Upon establishment of such the lists of producers, the Director of Agriculture secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each such district meeting for the nomination of members, the director commissioners, the secretary or a representative authorized by him the secretary shall preside, and receive nominations, and at the conclusion of each such the meeting shall announce the names of the persons nominated at the meetings and the time, the manner manner, and instructions for voting by mail. Thereafter, within 10 days after each such the meeting, the director secretary shall mail to all producers ballots for the election of members commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the Director of Agriculture secretary or mailed for delivery within 10 days after issuance of ballots by the director. secretary. |
|---|
| 427 | 427 | | |
|---|
| 428 | 428 | | |
|---|
| 429 | 429 | | |
|---|
| 430 | 430 | | 65562. Upon establishment of such the lists of producers, the Director of Agriculture secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each such district meeting for the nomination of members, the director commissioners, the secretary or a representative authorized by him the secretary shall preside, and receive nominations, and at the conclusion of each such the meeting shall announce the names of the persons nominated at the meetings and the time, the manner manner, and instructions for voting by mail. Thereafter, within 10 days after each such the meeting, the director secretary shall mail to all producers ballots for the election of members commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the Director of Agriculture secretary or mailed for delivery within 10 days after issuance of ballots by the director. secretary. |
|---|
| 431 | 431 | | |
|---|
| 432 | 432 | | SEC. 20. Section 65563 of the Food and Agricultural Code is amended to read:65563. Upon expiration of the voting period the director period, the secretary shall tabulate all votes and shall announce the names of those persons nominated for appointment as members of the commission from each district and shall appoint one of the two nominees from each district as a member of the commission; provided that in the appointment of the first members of the commission after this chapter becomes effective the director shall appoint three of the six nominees from each district as members of the commission to serve in accordance with Section 65555. appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
|---|
| 433 | 433 | | |
|---|
| 434 | 434 | | SEC. 20. Section 65563 of the Food and Agricultural Code is amended to read: |
|---|
| 435 | 435 | | |
|---|
| 436 | 436 | | ### SEC. 20. |
|---|
| 437 | 437 | | |
|---|
| 438 | 438 | | 65563. Upon expiration of the voting period the director period, the secretary shall tabulate all votes and shall announce the names of those persons nominated for appointment as members of the commission from each district and shall appoint one of the two nominees from each district as a member of the commission; provided that in the appointment of the first members of the commission after this chapter becomes effective the director shall appoint three of the six nominees from each district as members of the commission to serve in accordance with Section 65555. appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
|---|
| 439 | 439 | | |
|---|
| 440 | 440 | | 65563. Upon expiration of the voting period the director period, the secretary shall tabulate all votes and shall announce the names of those persons nominated for appointment as members of the commission from each district and shall appoint one of the two nominees from each district as a member of the commission; provided that in the appointment of the first members of the commission after this chapter becomes effective the director shall appoint three of the six nominees from each district as members of the commission to serve in accordance with Section 65555. appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
|---|
| 441 | 441 | | |
|---|
| 442 | 442 | | 65563. Upon expiration of the voting period the director period, the secretary shall tabulate all votes and shall announce the names of those persons nominated for appointment as members of the commission from each district and shall appoint one of the two nominees from each district as a member of the commission; provided that in the appointment of the first members of the commission after this chapter becomes effective the director shall appoint three of the six nominees from each district as members of the commission to serve in accordance with Section 65555. appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
|---|
| 443 | 443 | | |
|---|
| 444 | 444 | | |
|---|
| 445 | 445 | | |
|---|
| 446 | 446 | | 65563. Upon expiration of the voting period the director period, the secretary shall tabulate all votes and shall announce the names of those persons nominated for appointment as members of the commission from each district and shall appoint one of the two nominees from each district as a member of the commission; provided that in the appointment of the first members of the commission after this chapter becomes effective the director shall appoint three of the six nominees from each district as members of the commission to serve in accordance with Section 65555. appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
|---|
| 447 | 447 | | |
|---|
| 448 | 448 | | SEC. 21. Section 65565 of the Food and Agricultural Code is repealed.65565.Subsequent to the first election after the effective date of this chapter, the commission shall compile and maintain a list of qualified producers and shall, at least 30 days prior to the date set for any meeting for nomination to office of commissioner, certify such list, to the director, and such list shall constitute the list of producers qualified to vote in any such election. |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | SEC. 21. Section 65565 of the Food and Agricultural Code is repealed. |
|---|
| 451 | 451 | | |
|---|
| 452 | 452 | | ### SEC. 21. |
|---|
| 453 | 453 | | |
|---|
| 454 | 454 | | 65565.Subsequent to the first election after the effective date of this chapter, the commission shall compile and maintain a list of qualified producers and shall, at least 30 days prior to the date set for any meeting for nomination to office of commissioner, certify such list, to the director, and such list shall constitute the list of producers qualified to vote in any such election. |
|---|
| 455 | 455 | | |
|---|
| 456 | 456 | | |
|---|
| 457 | 457 | | |
|---|
| 458 | 458 | | Subsequent to the first election after the effective date of this chapter, the commission shall compile and maintain a list of qualified producers and shall, at least 30 days prior to the date set for any meeting for nomination to office of commissioner, certify such list, to the director, and such list shall constitute the list of producers qualified to vote in any such election. |
|---|
| 459 | 459 | | |
|---|
| 460 | 460 | | |
|---|
| 461 | 461 | | |
|---|
| 462 | 462 | | SEC. 22. Section 65566 of the Food and Agricultural Code is amended to read:65566. Subsequent to the first election after the effective date of this chapter, persons to be A person appointed to the office of commissioner by the Director of Agriculture secretary shall be selected pursuant to such nomination the nomination, election, and appointment procedures as may be established by the rules and regulations adopted by the commission in accordance with the provisions of this chapter and approved by the director. secretary. |
|---|
| 463 | 463 | | |
|---|
| 464 | 464 | | SEC. 22. Section 65566 of the Food and Agricultural Code is amended to read: |
|---|
| 465 | 465 | | |
|---|
| 466 | 466 | | ### SEC. 22. |
|---|
| 467 | 467 | | |
|---|
| 468 | 468 | | 65566. Subsequent to the first election after the effective date of this chapter, persons to be A person appointed to the office of commissioner by the Director of Agriculture secretary shall be selected pursuant to such nomination the nomination, election, and appointment procedures as may be established by the rules and regulations adopted by the commission in accordance with the provisions of this chapter and approved by the director. secretary. |
|---|
| 469 | 469 | | |
|---|
| 470 | 470 | | 65566. Subsequent to the first election after the effective date of this chapter, persons to be A person appointed to the office of commissioner by the Director of Agriculture secretary shall be selected pursuant to such nomination the nomination, election, and appointment procedures as may be established by the rules and regulations adopted by the commission in accordance with the provisions of this chapter and approved by the director. secretary. |
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| 471 | 471 | | |
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| 472 | 472 | | 65566. Subsequent to the first election after the effective date of this chapter, persons to be A person appointed to the office of commissioner by the Director of Agriculture secretary shall be selected pursuant to such nomination the nomination, election, and appointment procedures as may be established by the rules and regulations adopted by the commission in accordance with the provisions of this chapter and approved by the director. secretary. |
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| 473 | 473 | | |
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| 474 | 474 | | |
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| 475 | 475 | | |
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| 476 | 476 | | 65566. Subsequent to the first election after the effective date of this chapter, persons to be A person appointed to the office of commissioner by the Director of Agriculture secretary shall be selected pursuant to such nomination the nomination, election, and appointment procedures as may be established by the rules and regulations adopted by the commission in accordance with the provisions of this chapter and approved by the director. secretary. |
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| 477 | 477 | | |
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| 478 | 478 | | SEC. 23. Section 65569 of the Food and Agricultural Code is amended to read:65569. No A commissioner shall not receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission, together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 479 | 479 | | |
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| 480 | 480 | | SEC. 23. Section 65569 of the Food and Agricultural Code is amended to read: |
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| 481 | 481 | | |
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| 482 | 482 | | ### SEC. 23. |
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| 483 | 483 | | |
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| 484 | 484 | | 65569. No A commissioner shall not receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission, together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 485 | 485 | | |
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| 486 | 486 | | 65569. No A commissioner shall not receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission, together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 487 | 487 | | |
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| 488 | 488 | | 65569. No A commissioner shall not receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission, together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 489 | 489 | | |
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| 490 | 490 | | |
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| 491 | 491 | | |
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| 492 | 492 | | 65569. No A commissioner shall not receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission, together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 493 | 493 | | |
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| 494 | 494 | | SEC. 24. Section 65570 of the Food and Agricultural Code is amended to read:65570. All moneys received by any a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to it, the commission, shall be deposited in into such banks as the commission may designate, and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the faithful performance of his duties, and in addition, as to such treasurer, the strict accounting of all funds of the commission, in the penal sum of not less than fifty thousand dollars ($50,000). commission. |
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| 495 | 495 | | |
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| 496 | 496 | | SEC. 24. Section 65570 of the Food and Agricultural Code is amended to read: |
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| 497 | 497 | | |
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| 498 | 498 | | ### SEC. 24. |
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| 499 | 499 | | |
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| 500 | 500 | | 65570. All moneys received by any a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to it, the commission, shall be deposited in into such banks as the commission may designate, and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the faithful performance of his duties, and in addition, as to such treasurer, the strict accounting of all funds of the commission, in the penal sum of not less than fifty thousand dollars ($50,000). commission. |
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| 501 | 501 | | |
|---|
| 502 | 502 | | 65570. All moneys received by any a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to it, the commission, shall be deposited in into such banks as the commission may designate, and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the faithful performance of his duties, and in addition, as to such treasurer, the strict accounting of all funds of the commission, in the penal sum of not less than fifty thousand dollars ($50,000). commission. |
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| 503 | 503 | | |
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| 504 | 504 | | 65570. All moneys received by any a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to it, the commission, shall be deposited in into such banks as the commission may designate, and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the faithful performance of his duties, and in addition, as to such treasurer, the strict accounting of all funds of the commission, in the penal sum of not less than fifty thousand dollars ($50,000). commission. |
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| 505 | 505 | | |
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| 506 | 506 | | |
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| 507 | 507 | | |
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| 508 | 508 | | 65570. All moneys received by any a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to it, the commission, shall be deposited in into such banks as the commission may designate, and shall be disbursed by order of the commission through such agent or agents as it may designate for that purpose. Any such agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the faithful performance of his duties, and in addition, as to such treasurer, the strict accounting of all funds of the commission, in the penal sum of not less than fifty thousand dollars ($50,000). commission. |
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| 509 | 509 | | |
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| 510 | 510 | | SEC. 25. Section 65572 of the Food and Agricultural Code is amended to read:65572. The powers and duties of the commission shall include include, but are not limited to, all of the following:(a) To elect a chairman, chairperson, and from time to time such other officers as it may deem advisable, and to delegate to such duties to the officers such administrative duties as may appear advisable.(b) To adopt and from time to time alter, rescind, modify modify, and amend all proper and necessary rules, regulations regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation regulation, procedure, or order of the commission.(c) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper proper, or advisable to effectuate effectuate, the purposes of this chapter.(d) To employ, and at its pleasure discharge, a manager, president, a treasurer, a secretary, employees employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and to incur such expenses as it may deem reasonably necessary and proper to properly perform such of its duties as are authorized herein. by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake such judicial proceedings as requested by the commission to undertake on its behalf.(e) To establish offices and offices, incur expense, and to expenses, enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(f) To keep accurate books, records records, and accounts of all of its dealings, which books, records and accounts shall be open to inspection and audit by the Department of Finance of the State of California or other state officer charged with the audit of operations of departments of the State of California. department, as directed by the secretary.(g) To In the discretion of the commission, to investigate and prosecute civilly violations of this chapter and to file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter.(h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate interstate, and foreign markets for fresh grapes; grapes, and to educate and instruct the public with respect to fresh grapes; and grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.(i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; and to present facts to to, and negotiate with with, state, federal federal, and foreign agencies on matters which that affect the marketing marketing, production, and distribution of fresh grapes; and to undertake any other similar activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes.(j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.(k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination dissemination, and accumulation of information obtained from such that research or elsewhere respecting with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection inspection, and transportation thereof, to of fresh grapes, develop and discover the dietetic value of fresh grapes and to grapes, develop and expand markets, and to improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with such that research, the commission shall have the power to may accept contributions of, or to may match, private, state state, or federal funds that may be available for these purposes, and to may employ or make contributions of funds to other persons or state or federal agencies conducting such that research.(l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry.(m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry.(l)(n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12 months 12-month period beginning on May 1st 1 and ending on April 30th. 30.(m)(o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers.(p) In the discretion of the commission, to administer any program related to the table grape industry. |
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| 511 | 511 | | |
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| 512 | 512 | | SEC. 25. Section 65572 of the Food and Agricultural Code is amended to read: |
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| 513 | 513 | | |
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| 514 | 514 | | ### SEC. 25. |
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| 515 | 515 | | |
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| 516 | 516 | | 65572. The powers and duties of the commission shall include include, but are not limited to, all of the following:(a) To elect a chairman, chairperson, and from time to time such other officers as it may deem advisable, and to delegate to such duties to the officers such administrative duties as may appear advisable.(b) To adopt and from time to time alter, rescind, modify modify, and amend all proper and necessary rules, regulations regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation regulation, procedure, or order of the commission.(c) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper proper, or advisable to effectuate effectuate, the purposes of this chapter.(d) To employ, and at its pleasure discharge, a manager, president, a treasurer, a secretary, employees employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and to incur such expenses as it may deem reasonably necessary and proper to properly perform such of its duties as are authorized herein. by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake such judicial proceedings as requested by the commission to undertake on its behalf.(e) To establish offices and offices, incur expense, and to expenses, enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(f) To keep accurate books, records records, and accounts of all of its dealings, which books, records and accounts shall be open to inspection and audit by the Department of Finance of the State of California or other state officer charged with the audit of operations of departments of the State of California. department, as directed by the secretary.(g) To In the discretion of the commission, to investigate and prosecute civilly violations of this chapter and to file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter.(h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate interstate, and foreign markets for fresh grapes; grapes, and to educate and instruct the public with respect to fresh grapes; and grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.(i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; and to present facts to to, and negotiate with with, state, federal federal, and foreign agencies on matters which that affect the marketing marketing, production, and distribution of fresh grapes; and to undertake any other similar activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes.(j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.(k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination dissemination, and accumulation of information obtained from such that research or elsewhere respecting with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection inspection, and transportation thereof, to of fresh grapes, develop and discover the dietetic value of fresh grapes and to grapes, develop and expand markets, and to improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with such that research, the commission shall have the power to may accept contributions of, or to may match, private, state state, or federal funds that may be available for these purposes, and to may employ or make contributions of funds to other persons or state or federal agencies conducting such that research.(l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry.(m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry.(l)(n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12 months 12-month period beginning on May 1st 1 and ending on April 30th. 30.(m)(o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers.(p) In the discretion of the commission, to administer any program related to the table grape industry. |
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| 517 | 517 | | |
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| 518 | 518 | | 65572. The powers and duties of the commission shall include include, but are not limited to, all of the following:(a) To elect a chairman, chairperson, and from time to time such other officers as it may deem advisable, and to delegate to such duties to the officers such administrative duties as may appear advisable.(b) To adopt and from time to time alter, rescind, modify modify, and amend all proper and necessary rules, regulations regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation regulation, procedure, or order of the commission.(c) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper proper, or advisable to effectuate effectuate, the purposes of this chapter.(d) To employ, and at its pleasure discharge, a manager, president, a treasurer, a secretary, employees employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and to incur such expenses as it may deem reasonably necessary and proper to properly perform such of its duties as are authorized herein. by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake such judicial proceedings as requested by the commission to undertake on its behalf.(e) To establish offices and offices, incur expense, and to expenses, enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(f) To keep accurate books, records records, and accounts of all of its dealings, which books, records and accounts shall be open to inspection and audit by the Department of Finance of the State of California or other state officer charged with the audit of operations of departments of the State of California. department, as directed by the secretary.(g) To In the discretion of the commission, to investigate and prosecute civilly violations of this chapter and to file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter.(h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate interstate, and foreign markets for fresh grapes; grapes, and to educate and instruct the public with respect to fresh grapes; and grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.(i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; and to present facts to to, and negotiate with with, state, federal federal, and foreign agencies on matters which that affect the marketing marketing, production, and distribution of fresh grapes; and to undertake any other similar activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes.(j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.(k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination dissemination, and accumulation of information obtained from such that research or elsewhere respecting with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection inspection, and transportation thereof, to of fresh grapes, develop and discover the dietetic value of fresh grapes and to grapes, develop and expand markets, and to improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with such that research, the commission shall have the power to may accept contributions of, or to may match, private, state state, or federal funds that may be available for these purposes, and to may employ or make contributions of funds to other persons or state or federal agencies conducting such that research.(l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry.(m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry.(l)(n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12 months 12-month period beginning on May 1st 1 and ending on April 30th. 30.(m)(o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers.(p) In the discretion of the commission, to administer any program related to the table grape industry. |
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| 519 | 519 | | |
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| 520 | 520 | | 65572. The powers and duties of the commission shall include include, but are not limited to, all of the following:(a) To elect a chairman, chairperson, and from time to time such other officers as it may deem advisable, and to delegate to such duties to the officers such administrative duties as may appear advisable.(b) To adopt and from time to time alter, rescind, modify modify, and amend all proper and necessary rules, regulations regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation regulation, procedure, or order of the commission.(c) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper proper, or advisable to effectuate effectuate, the purposes of this chapter.(d) To employ, and at its pleasure discharge, a manager, president, a treasurer, a secretary, employees employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and to incur such expenses as it may deem reasonably necessary and proper to properly perform such of its duties as are authorized herein. by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake such judicial proceedings as requested by the commission to undertake on its behalf.(e) To establish offices and offices, incur expense, and to expenses, enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.(f) To keep accurate books, records records, and accounts of all of its dealings, which books, records and accounts shall be open to inspection and audit by the Department of Finance of the State of California or other state officer charged with the audit of operations of departments of the State of California. department, as directed by the secretary.(g) To In the discretion of the commission, to investigate and prosecute civilly violations of this chapter and to file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter.(h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate interstate, and foreign markets for fresh grapes; grapes, and to educate and instruct the public with respect to fresh grapes; and grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.(i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; and to present facts to to, and negotiate with with, state, federal federal, and foreign agencies on matters which that affect the marketing marketing, production, and distribution of fresh grapes; and to undertake any other similar activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes.(j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.(k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination dissemination, and accumulation of information obtained from such that research or elsewhere respecting with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection inspection, and transportation thereof, to of fresh grapes, develop and discover the dietetic value of fresh grapes and to grapes, develop and expand markets, and to improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with such that research, the commission shall have the power to may accept contributions of, or to may match, private, state state, or federal funds that may be available for these purposes, and to may employ or make contributions of funds to other persons or state or federal agencies conducting such that research.(l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry.(m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry.(l)(n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12 months 12-month period beginning on May 1st 1 and ending on April 30th. 30.(m)(o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers.(p) In the discretion of the commission, to administer any program related to the table grape industry. |
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| 521 | 521 | | |
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| 522 | 522 | | |
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| 523 | 523 | | |
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| 524 | 524 | | 65572. The powers and duties of the commission shall include include, but are not limited to, all of the following: |
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| 525 | 525 | | |
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| 526 | 526 | | (a) To elect a chairman, chairperson, and from time to time such other officers as it may deem advisable, and to delegate to such duties to the officers such administrative duties as may appear advisable. |
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| 527 | 527 | | |
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| 528 | 528 | | (b) To adopt and from time to time alter, rescind, modify modify, and amend all proper and necessary rules, regulations regulations, procedures, and orders for the exercise of its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation regulation, procedure, or order of the commission. |
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| 529 | 529 | | |
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| 530 | 530 | | (c) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with effectuating, or deemed reasonably necessary, proper proper, or advisable to effectuate effectuate, the purposes of this chapter. |
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| 531 | 531 | | |
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| 532 | 532 | | (d) To employ, and at its pleasure discharge, a manager, president, a treasurer, a secretary, employees employees, and necessary personnel, including attorneys engaged in the private practice of the law, fix their compensation and terms of employment, prescribe their duties, and to incur such expenses as it may deem reasonably necessary and proper to properly perform such of its duties as are authorized herein. by this chapter. The Attorney General shall aid and assist the commission on its request and shall undertake such judicial proceedings as requested by the commission to undertake on its behalf. |
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| 533 | 533 | | |
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| 534 | 534 | | (e) To establish offices and offices, incur expense, and to expenses, enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties. |
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| 535 | 535 | | |
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| 536 | 536 | | (f) To keep accurate books, records records, and accounts of all of its dealings, which books, records and accounts shall be open to inspection and audit by the Department of Finance of the State of California or other state officer charged with the audit of operations of departments of the State of California. department, as directed by the secretary. |
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| 537 | 537 | | |
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| 538 | 538 | | (g) To In the discretion of the commission, to investigate and prosecute civilly violations of this chapter and to file complaints with appropriate law enforcement agencies or officers for criminal violations of this chapter. |
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| 539 | 539 | | |
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| 540 | 540 | | (h) To promote the sale of fresh grapes by advertising and other similar means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate interstate, and foreign markets for fresh grapes; grapes, and to educate and instruct the public with respect to fresh grapes; and grapes, the uses and time to use the several varieties, and the healthful properties and dietetic value of fresh grapes. |
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| 541 | 541 | | |
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| 542 | 542 | | (i) In the discretion of the commission, to educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling fresh grapes; to arrange for the performance of dealer service work providing display and other promotional materials; to make market surveys and analyses; and to present facts to to, and negotiate with with, state, federal federal, and foreign agencies on matters which that affect the marketing marketing, production, and distribution of fresh grapes; and to undertake any other similar activities which that the commission may determine appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for fresh grapes. |
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| 543 | 543 | | |
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| 544 | 544 | | (j) In the discretion of the commission, to make in the name of the commission contracts to render service in formulating and conducting plans and programs, and such other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes. |
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| 545 | 545 | | |
|---|
| 546 | 546 | | (k) In the discretion of the commission, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination dissemination, and accumulation of information obtained from such that research or elsewhere respecting with respect to the marketing and distribution of fresh grapes, the production, storage, refrigeration, inspection inspection, and transportation thereof, to of fresh grapes, develop and discover the dietetic value of fresh grapes and to grapes, develop and expand markets, and to improve cultural practices and product handling so that the various varieties may be placed in the hands of the ultimate consumer in the best possible condition. In connection with such that research, the commission shall have the power to may accept contributions of, or to may match, private, state state, or federal funds that may be available for these purposes, and to may employ or make contributions of funds to other persons or state or federal agencies conducting such that research. |
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| 547 | 547 | | |
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| 548 | 548 | | (l) In the discretion of the commission, to accept and match contributions of private, local, state, or federal funds and make contributions of commission funds to other persons or local, state, or federal agencies for purposes of promoting, enhancing, and maintaining the California fresh grape industry. |
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| 549 | 549 | | |
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| 550 | 550 | | (m) In the discretion of the commission, to cooperate with other private or governmental entities in the resolution of emergencies arising in the industry and impacting the health and safety of the public or the continued stability of the table grape industry. |
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| 551 | 551 | | |
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| 552 | 552 | | (l) |
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| 553 | 553 | | |
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| 554 | 554 | | |
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| 555 | 555 | | |
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| 556 | 556 | | (n) To determine, subject to the limitations provided in Section 65600, not later than May 1 of each year, the assessment for the following 12 months 12-month period beginning on May 1st 1 and ending on April 30th. 30. |
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| 557 | 557 | | |
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| 558 | 558 | | (m) |
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| 559 | 559 | | |
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| 560 | 560 | | |
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| 561 | 561 | | |
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| 562 | 562 | | (o) In the discretion of the commission, to publish and distribute without charge a bulletin or other communication for dissemination of information relating to the fresh grape industry to producers and shippers. |
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| 563 | 563 | | |
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| 564 | 564 | | (p) In the discretion of the commission, to administer any program related to the table grape industry. |
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| 565 | 565 | | |
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| 566 | 566 | | SEC. 26. Section 65573 of the Food and Agricultural Code is amended to read:65573.The provisions of this chapter except Sections 65550, 65551, 65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not become operative until the commission finds, in a referendum conducted by the commission in which at least 40 percent of the total number of producers established by the director as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, during the last completed marketing season participate, one or more of the following:65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:(a)That not less than 65(1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum.(b)That 51(2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum.The(b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum.Nonreceipt(c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary.If(d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663.Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission. |
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| 567 | 567 | | |
|---|
| 568 | 568 | | SEC. 26. Section 65573 of the Food and Agricultural Code is amended to read: |
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| 569 | 569 | | |
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| 570 | 570 | | ### SEC. 26. |
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| 571 | 571 | | |
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| 572 | 572 | | 65573.The provisions of this chapter except Sections 65550, 65551, 65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not become operative until the commission finds, in a referendum conducted by the commission in which at least 40 percent of the total number of producers established by the director as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, during the last completed marketing season participate, one or more of the following:65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:(a)That not less than 65(1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum.(b)That 51(2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum.The(b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum.Nonreceipt(c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary.If(d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663.Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission. |
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| 573 | 573 | | |
|---|
| 574 | 574 | | |
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| 575 | 575 | | |
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| 576 | 576 | | The provisions of this chapter except Sections 65550, 65551, 65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not become operative until the commission finds, in a referendum conducted by the commission in which at least 40 percent of the total number of producers established by the director as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, during the last completed marketing season participate, one or more of the following: |
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| 577 | 577 | | |
|---|
| 578 | 578 | | |
|---|
| 579 | 579 | | |
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| 580 | 580 | | 65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:(a)That not less than 65(1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum.(b)That 51(2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum.The(b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum.Nonreceipt(c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary.If(d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663.Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission. |
|---|
| 581 | 581 | | |
|---|
| 582 | 582 | | 65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:(a)That not less than 65(1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum.(b)That 51(2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum.The(b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum.Nonreceipt(c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary.If(d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663.Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission. |
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| 583 | 583 | | |
|---|
| 584 | 584 | | 65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs:(a)That not less than 65(1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum.(b)That 51(2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum.The(b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum.Nonreceipt(c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary.If(d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663.Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission. |
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| 585 | 585 | | |
|---|
| 586 | 586 | | 65573. (a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs: |
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| 587 | 587 | | |
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| 588 | 588 | | (a)That not less than 65 |
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| 589 | 589 | | |
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| 590 | 590 | | |
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| 591 | 591 | | |
|---|
| 592 | 592 | | (1) 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, the referendum voted in favor of the provisions of this chapter, continuing the operation of the commission, and that such the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or the referendum. |
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| 593 | 593 | | |
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| 594 | 594 | | (b)That 51 |
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| 595 | 595 | | |
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| 596 | 596 | | |
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| 597 | 597 | | |
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| 598 | 598 | | (2) 51 percent or more of such the producers who voted in such the referendum voted in favor of the provisions of this chapter continuing the operation of the commission and that such the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such the referendum. |
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| 599 | 599 | | |
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| 600 | 600 | | The |
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| 601 | 601 | | |
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| 602 | 602 | | |
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| 603 | 603 | | |
|---|
| 604 | 604 | | (b) The commission shall establish a period in which to conduct such the referendum which that shall not be less than 10 days nor or more than 60 days, and may prescribe such additional procedure procedures as may be necessary to conduct such the referendum. |
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| 605 | 605 | | |
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| 606 | 606 | | Nonreceipt |
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| 607 | 607 | | |
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| 608 | 608 | | |
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| 609 | 609 | | |
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| 610 | 610 | | (c) Nonreceipt of a ballot shall not invalidate such the referendum. If the commission finds that such favorable a vote in favor of the continuing the operation of the commission has been given as herein provided, as provided in this section, it shall so certify to the director secretary and give notice thereof of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such the notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter The operation of the commission shall become effective upon completion of publication and 15 days after such the certification to the director. secretary. |
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| 611 | 611 | | |
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| 612 | 612 | | If |
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| 613 | 613 | | |
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| 614 | 614 | | |
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| 615 | 615 | | |
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| 616 | 616 | | (d) If the commission finds that such assent a vote in favor of the operation of the commission has not been given as herein provided, as provided in this section, it shall so certify that finding to the director, secretary, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663 of this chapter. 65663. |
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| 617 | 617 | | |
|---|
| 618 | 618 | | Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission. |
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| 619 | 619 | | |
|---|
| 620 | 620 | | |
|---|
| 621 | 621 | | |
|---|
| 622 | 622 | | SEC. 27. Section 65574 of the Food and Agricultural Code is amended to read:65574. The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Such members Each member shall be natural persons, each of whom shall be citizens and residents of this state, over the age of 25 years, each of whom, as an individual, an individual shipper, or a partner or employee of a shipper or shippers, is and has been shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee. |
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| 623 | 623 | | |
|---|
| 624 | 624 | | SEC. 27. Section 65574 of the Food and Agricultural Code is amended to read: |
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| 625 | 625 | | |
|---|
| 626 | 626 | | ### SEC. 27. |
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| 627 | 627 | | |
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| 628 | 628 | | 65574. The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Such members Each member shall be natural persons, each of whom shall be citizens and residents of this state, over the age of 25 years, each of whom, as an individual, an individual shipper, or a partner or employee of a shipper or shippers, is and has been shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee. |
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| 629 | 629 | | |
|---|
| 630 | 630 | | 65574. The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Such members Each member shall be natural persons, each of whom shall be citizens and residents of this state, over the age of 25 years, each of whom, as an individual, an individual shipper, or a partner or employee of a shipper or shippers, is and has been shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee. |
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| 631 | 631 | | |
|---|
| 632 | 632 | | 65574. The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Such members Each member shall be natural persons, each of whom shall be citizens and residents of this state, over the age of 25 years, each of whom, as an individual, an individual shipper, or a partner or employee of a shipper or shippers, is and has been shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee. |
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| 633 | 633 | | |
|---|
| 634 | 634 | | |
|---|
| 635 | 635 | | |
|---|
| 636 | 636 | | 65574. The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Such members Each member shall be natural persons, each of whom shall be citizens and residents of this state, over the age of 25 years, each of whom, as an individual, an individual shipper, or a partner or employee of a shipper or shippers, is and has been shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee. |
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| 637 | 637 | | |
|---|
| 638 | 638 | | SEC. 28. Section 65575 of the Food and Agricultural Code is amended to read:65575. Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 639 | 639 | | |
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| 640 | 640 | | SEC. 28. Section 65575 of the Food and Agricultural Code is amended to read: |
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| 641 | 641 | | |
|---|
| 642 | 642 | | ### SEC. 28. |
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| 643 | 643 | | |
|---|
| 644 | 644 | | 65575. Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 645 | 645 | | |
|---|
| 646 | 646 | | 65575. Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission. |
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| 647 | 647 | | |
|---|
| 648 | 648 | | 65575. Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission. |
|---|
| 649 | 649 | | |
|---|
| 650 | 650 | | |
|---|
| 651 | 651 | | |
|---|
| 652 | 652 | | 65575. Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance on, or in traveling to and from, meetings of the commission or on special assignment for the commission together with actual expenses incurred in carrying out the provisions of this chapter. Traveling expenses shall be reimbursed at the rate allowed to state employees per mile traveled by automobile or actual fare when traveling by airplane, railway or other manner of transportation. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission. |
|---|
| 653 | 653 | | |
|---|
| 654 | 654 | | SEC. 29. Section 65575.1 of the Food and Agricultural Code is repealed.65575.1.Not later than April 1 of 1979, and each third year thereafter, the commission shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the commission. The director shall, not later than April 30 of 1979, and each third year thereafter, appoint one of the nominees as the public member of the commission to serve a three-year term on the commission. If all nominees are unsatisfactory to the director, the commission shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of public member of the commission shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the commission not later than the first day of the second month following the month in which such vacancy occurs. |
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| 655 | 655 | | |
|---|
| 656 | 656 | | SEC. 29. Section 65575.1 of the Food and Agricultural Code is repealed. |
|---|
| 657 | 657 | | |
|---|
| 658 | 658 | | ### SEC. 29. |
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| 659 | 659 | | |
|---|
| 660 | 660 | | 65575.1.Not later than April 1 of 1979, and each third year thereafter, the commission shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the commission. The director shall, not later than April 30 of 1979, and each third year thereafter, appoint one of the nominees as the public member of the commission to serve a three-year term on the commission. If all nominees are unsatisfactory to the director, the commission shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of public member of the commission shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the commission not later than the first day of the second month following the month in which such vacancy occurs. |
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| 661 | 661 | | |
|---|
| 662 | 662 | | |
|---|
| 663 | 663 | | |
|---|
| 664 | 664 | | Not later than April 1 of 1979, and each third year thereafter, the commission shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the commission. The director shall, not later than April 30 of 1979, and each third year thereafter, appoint one of the nominees as the public member of the commission to serve a three-year term on the commission. If all nominees are unsatisfactory to the director, the commission shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of public member of the commission shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the commission not later than the first day of the second month following the month in which such vacancy occurs. |
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| 665 | 665 | | |
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| 666 | 666 | | |
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| 667 | 667 | | |
|---|
| 668 | 668 | | SEC. 30. Section 65575.1 is added to the Food and Agricultural Code, to read:65575.1. The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
|---|
| 669 | 669 | | |
|---|
| 670 | 670 | | SEC. 30. Section 65575.1 is added to the Food and Agricultural Code, to read: |
|---|
| 671 | 671 | | |
|---|
| 672 | 672 | | ### SEC. 30. |
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| 673 | 673 | | |
|---|
| 674 | 674 | | 65575.1. The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
|---|
| 675 | 675 | | |
|---|
| 676 | 676 | | 65575.1. The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
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| 677 | 677 | | |
|---|
| 678 | 678 | | 65575.1. The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
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| 679 | 679 | | |
|---|
| 680 | 680 | | |
|---|
| 681 | 681 | | |
|---|
| 682 | 682 | | 65575.1. The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection. |
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| 683 | 683 | | |
|---|
| 684 | 684 | | SEC. 31. Section 65575.2 of the Food and Agricultural Code is amended to read:65575.2. The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry. |
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| 685 | 685 | | |
|---|
| 686 | 686 | | SEC. 31. Section 65575.2 of the Food and Agricultural Code is amended to read: |
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| 687 | 687 | | |
|---|
| 688 | 688 | | ### SEC. 31. |
|---|
| 689 | 689 | | |
|---|
| 690 | 690 | | 65575.2. The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry. |
|---|
| 691 | 691 | | |
|---|
| 692 | 692 | | 65575.2. The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry. |
|---|
| 693 | 693 | | |
|---|
| 694 | 694 | | 65575.2. The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry. |
|---|
| 695 | 695 | | |
|---|
| 696 | 696 | | |
|---|
| 697 | 697 | | |
|---|
| 698 | 698 | | 65575.2. The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry. |
|---|
| 699 | 699 | | |
|---|
| 700 | 700 | | SEC. 32. Section 65600 of the Food and Agricultural Code is amended to read:65600. (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season season, the assessment shall not exceed $0.006522 per pound ($0.6522 per 100 pounds), $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package.All(b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments. |
|---|
| 701 | 701 | | |
|---|
| 702 | 702 | | SEC. 32. Section 65600 of the Food and Agricultural Code is amended to read: |
|---|
| 703 | 703 | | |
|---|
| 704 | 704 | | ### SEC. 32. |
|---|
| 705 | 705 | | |
|---|
| 706 | 706 | | 65600. (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season season, the assessment shall not exceed $0.006522 per pound ($0.6522 per 100 pounds), $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package.All(b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments. |
|---|
| 707 | 707 | | |
|---|
| 708 | 708 | | 65600. (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season season, the assessment shall not exceed $0.006522 per pound ($0.6522 per 100 pounds), $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package.All(b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments. |
|---|
| 709 | 709 | | |
|---|
| 710 | 710 | | 65600. (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season season, the assessment shall not exceed $0.006522 per pound ($0.6522 per 100 pounds), $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package.All(b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments. |
|---|
| 711 | 711 | | |
|---|
| 712 | 712 | | |
|---|
| 713 | 713 | | |
|---|
| 714 | 714 | | 65600. (a) There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount determined by the commission as reasonably necessary to pay all obligations incurred or to be incurred in accordance with this chapter and as reasonably necessary to carry out the objects and purposes of this chapter. However, during any marketing season season, the assessment shall not exceed $0.006522 per pound ($0.6522 per 100 pounds), $0.02 per pound, computed on net weight when shipped, whether in bulk or loose in boxes or in any other container or packed in any style package. |
|---|
| 715 | 715 | | |
|---|
| 716 | 716 | | All |
|---|
| 717 | 717 | | |
|---|
| 718 | 718 | | |
|---|
| 719 | 719 | | |
|---|
| 720 | 720 | | (b) All shipments of 150 pounds or less of fresh grapes sold or shipped by a producer direct to the consumer are exempt from the assessments. |
|---|
| 721 | 721 | | |
|---|
| 722 | 722 | | SEC. 33. Section 65601 of the Food and Agricultural Code is amended to read:65601. Every A shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such the shipper and the producer. The records shall be in simple form and contain such information as the commission shall by regulation or rule prescribe. Such the information prescribed by the commission. The records shall be preserved by such shipper for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. |
|---|
| 723 | 723 | | |
|---|
| 724 | 724 | | SEC. 33. Section 65601 of the Food and Agricultural Code is amended to read: |
|---|
| 725 | 725 | | |
|---|
| 726 | 726 | | ### SEC. 33. |
|---|
| 727 | 727 | | |
|---|
| 728 | 728 | | 65601. Every A shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such the shipper and the producer. The records shall be in simple form and contain such information as the commission shall by regulation or rule prescribe. Such the information prescribed by the commission. The records shall be preserved by such shipper for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. |
|---|
| 729 | 729 | | |
|---|
| 730 | 730 | | 65601. Every A shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such the shipper and the producer. The records shall be in simple form and contain such information as the commission shall by regulation or rule prescribe. Such the information prescribed by the commission. The records shall be preserved by such shipper for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. |
|---|
| 731 | 731 | | |
|---|
| 732 | 732 | | 65601. Every A shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such the shipper and the producer. The records shall be in simple form and contain such information as the commission shall by regulation or rule prescribe. Such the information prescribed by the commission. The records shall be preserved by such shipper for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. |
|---|
| 733 | 733 | | |
|---|
| 734 | 734 | | |
|---|
| 735 | 735 | | |
|---|
| 736 | 736 | | 65601. Every A shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such the shipper and the producer. The records shall be in simple form and contain such information as the commission shall by regulation or rule prescribe. Such the information prescribed by the commission. The records shall be preserved by such shipper for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand of the commission or its duly authorized agent. |
|---|
| 737 | 737 | | |
|---|
| 738 | 738 | | SEC. 34. Section 65603 of the Food and Agricultural Code is amended to read:65603. All information obtained by the commission from shippers shall be confidential and shall not be disclosed disclosed, except when required by a court order in a judicial proceeding. proceeding involving this chapter. |
|---|
| 739 | 739 | | |
|---|
| 740 | 740 | | SEC. 34. Section 65603 of the Food and Agricultural Code is amended to read: |
|---|
| 741 | 741 | | |
|---|
| 742 | 742 | | ### SEC. 34. |
|---|
| 743 | 743 | | |
|---|
| 744 | 744 | | 65603. All information obtained by the commission from shippers shall be confidential and shall not be disclosed disclosed, except when required by a court order in a judicial proceeding. proceeding involving this chapter. |
|---|
| 745 | 745 | | |
|---|
| 746 | 746 | | 65603. All information obtained by the commission from shippers shall be confidential and shall not be disclosed disclosed, except when required by a court order in a judicial proceeding. proceeding involving this chapter. |
|---|
| 747 | 747 | | |
|---|
| 748 | 748 | | 65603. All information obtained by the commission from shippers shall be confidential and shall not be disclosed disclosed, except when required by a court order in a judicial proceeding. proceeding involving this chapter. |
|---|
| 749 | 749 | | |
|---|
| 750 | 750 | | |
|---|
| 751 | 751 | | |
|---|
| 752 | 752 | | 65603. All information obtained by the commission from shippers shall be confidential and shall not be disclosed disclosed, except when required by a court order in a judicial proceeding. proceeding involving this chapter. |
|---|
| 753 | 753 | | |
|---|
| 754 | 754 | | SEC. 35. Section 65650.5 of the Food and Agricultural Code is amended to read:65650.5. Any (a) A person aggrieved by any an action of the commission may appeal to the director. file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The director secretary shall review the record of the proceedings before the commission. If the director secretary finds that the record shows by substantial evidence that the commissions action was not an abuse of discretion or illegal, he the secretary shall dismiss such the appeal. If he finds such action is(b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, he the secretary may reverse the action of the commission.Any such decision of the director is(c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision. |
|---|
| 755 | 755 | | |
|---|
| 756 | 756 | | SEC. 35. Section 65650.5 of the Food and Agricultural Code is amended to read: |
|---|
| 757 | 757 | | |
|---|
| 758 | 758 | | ### SEC. 35. |
|---|
| 759 | 759 | | |
|---|
| 760 | 760 | | 65650.5. Any (a) A person aggrieved by any an action of the commission may appeal to the director. file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The director secretary shall review the record of the proceedings before the commission. If the director secretary finds that the record shows by substantial evidence that the commissions action was not an abuse of discretion or illegal, he the secretary shall dismiss such the appeal. If he finds such action is(b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, he the secretary may reverse the action of the commission.Any such decision of the director is(c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision. |
|---|
| 761 | 761 | | |
|---|
| 762 | 762 | | 65650.5. Any (a) A person aggrieved by any an action of the commission may appeal to the director. file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The director secretary shall review the record of the proceedings before the commission. If the director secretary finds that the record shows by substantial evidence that the commissions action was not an abuse of discretion or illegal, he the secretary shall dismiss such the appeal. If he finds such action is(b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, he the secretary may reverse the action of the commission.Any such decision of the director is(c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision. |
|---|
| 763 | 763 | | |
|---|
| 764 | 764 | | 65650.5. Any (a) A person aggrieved by any an action of the commission may appeal to the director. file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The director secretary shall review the record of the proceedings before the commission. If the director secretary finds that the record shows by substantial evidence that the commissions action was not an abuse of discretion or illegal, he the secretary shall dismiss such the appeal. If he finds such action is(b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, he the secretary may reverse the action of the commission.Any such decision of the director is(c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision. |
|---|
| 765 | 765 | | |
|---|
| 766 | 766 | | |
|---|
| 767 | 767 | | |
|---|
| 768 | 768 | | 65650.5. Any (a) A person aggrieved by any an action of the commission may appeal to the director. file a grievance with the commission or a duly authorized committee of the commission designated for that purpose. An appeal from a decision of the commission may be made to the secretary. The director secretary shall review the record of the proceedings before the commission. If the director secretary finds that the record shows by substantial evidence that the commissions action was not an abuse of discretion or illegal, he the secretary shall dismiss such the appeal. If he finds such action is |
|---|
| 769 | 769 | | |
|---|
| 770 | 770 | | (b) If the secretary finds that the action is not substantially sustained by the record, was an abuse of discretion, or illegal, he the secretary may reverse the action of the commission. |
|---|
| 771 | 771 | | |
|---|
| 772 | 772 | | Any such decision of the director is |
|---|
| 773 | 773 | | |
|---|
| 774 | 774 | | |
|---|
| 775 | 775 | | |
|---|
| 776 | 776 | | (c) A decision of the secretary is subject to judicial review upon petition of the commission or any party aggrieved by the decision. |
|---|
| 777 | 777 | | |
|---|
| 778 | 778 | | SEC. 36. Section 65651.5 is added to the Food and Agricultural Code, to read:65651.5. An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains. |
|---|
| 779 | 779 | | |
|---|
| 780 | 780 | | SEC. 36. Section 65651.5 is added to the Food and Agricultural Code, to read: |
|---|
| 781 | 781 | | |
|---|
| 782 | 782 | | ### SEC. 36. |
|---|
| 783 | 783 | | |
|---|
| 784 | 784 | | 65651.5. An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains. |
|---|
| 785 | 785 | | |
|---|
| 786 | 786 | | 65651.5. An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains. |
|---|
| 787 | 787 | | |
|---|
| 788 | 788 | | 65651.5. An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains. |
|---|
| 789 | 789 | | |
|---|
| 790 | 790 | | |
|---|
| 791 | 791 | | |
|---|
| 792 | 792 | | 65651.5. An action by the commission for a violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the act of which the person complains. |
|---|
| 793 | 793 | | |
|---|
| 794 | 794 | | SEC. 37. Section 65652 of the Food and Agricultural Code is repealed.65652.Any such action may be commenced either in the county in which the defendant or any of the defendants reside or in which any act or omission or part thereof complained of occurred. |
|---|
| 795 | 795 | | |
|---|
| 796 | 796 | | SEC. 37. Section 65652 of the Food and Agricultural Code is repealed. |
|---|
| 797 | 797 | | |
|---|
| 798 | 798 | | ### SEC. 37. |
|---|
| 799 | 799 | | |
|---|
| 800 | 800 | | 65652.Any such action may be commenced either in the county in which the defendant or any of the defendants reside or in which any act or omission or part thereof complained of occurred. |
|---|
| 801 | 801 | | |
|---|
| 802 | 802 | | |
|---|
| 803 | 803 | | |
|---|
| 804 | 804 | | Any such action may be commenced either in the county in which the defendant or any of the defendants reside or in which any act or omission or part thereof complained of occurred. |
|---|
| 805 | 805 | | |
|---|
| 806 | 806 | | |
|---|
| 807 | 807 | | |
|---|
| 808 | 808 | | SEC. 38. Section 65652 is added to the Food and Agricultural Code, to read:65652. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. |
|---|
| 809 | 809 | | |
|---|
| 810 | 810 | | SEC. 38. Section 65652 is added to the Food and Agricultural Code, to read: |
|---|
| 811 | 811 | | |
|---|
| 812 | 812 | | ### SEC. 38. |
|---|
| 813 | 813 | | |
|---|
| 814 | 814 | | 65652. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. |
|---|
| 815 | 815 | | |
|---|
| 816 | 816 | | 65652. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. |
|---|
| 817 | 817 | | |
|---|
| 818 | 818 | | 65652. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. |
|---|
| 819 | 819 | | |
|---|
| 820 | 820 | | |
|---|
| 821 | 821 | | |
|---|
| 822 | 822 | | 65652. Venue for actions commenced by the commission may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. |
|---|
| 823 | 823 | | |
|---|
| 824 | 824 | | SEC. 39. Section 65660 of the Food and Agricultural Code is repealed.65660.Upon the finding of 11 of the members of the commission that the operation of the provisions of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter shall be suspended; provided, that any such suspension shall not become effective until the expiration of the marketing season then current. The director shall, upon receipt of such recommendation, or upon a petition being filed with him requesting such suspension, signed by 20 percent of the producers, cause a referendum to be conducted among producers as certified by the commission in accordance with Section 65566, to determine if such operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 nor more than 60 days. The director is authorized to prescribe such additional procedure as may be necessary to conduct such referendum. |
|---|
| 825 | 825 | | |
|---|
| 826 | 826 | | SEC. 39. Section 65660 of the Food and Agricultural Code is repealed. |
|---|
| 827 | 827 | | |
|---|
| 828 | 828 | | ### SEC. 39. |
|---|
| 829 | 829 | | |
|---|
| 830 | 830 | | 65660.Upon the finding of 11 of the members of the commission that the operation of the provisions of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter shall be suspended; provided, that any such suspension shall not become effective until the expiration of the marketing season then current. The director shall, upon receipt of such recommendation, or upon a petition being filed with him requesting such suspension, signed by 20 percent of the producers, cause a referendum to be conducted among producers as certified by the commission in accordance with Section 65566, to determine if such operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 nor more than 60 days. The director is authorized to prescribe such additional procedure as may be necessary to conduct such referendum. |
|---|
| 831 | 831 | | |
|---|
| 832 | 832 | | |
|---|
| 833 | 833 | | |
|---|
| 834 | 834 | | Upon the finding of 11 of the members of the commission that the operation of the provisions of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the director that the operation of this chapter shall be suspended; provided, that any such suspension shall not become effective until the expiration of the marketing season then current. The director shall, upon receipt of such recommendation, or upon a petition being filed with him requesting such suspension, signed by 20 percent of the producers, cause a referendum to be conducted among producers as certified by the commission in accordance with Section 65566, to determine if such operation and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 nor more than 60 days. The director is authorized to prescribe such additional procedure as may be necessary to conduct such referendum. |
|---|
| 835 | 835 | | |
|---|
| 836 | 836 | | |
|---|
| 837 | 837 | | |
|---|
| 838 | 838 | | SEC. 40. Section 65660 is added to the Food and Agricultural Code, to read:65660. (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate.(b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. |
|---|
| 839 | 839 | | |
|---|
| 840 | 840 | | SEC. 40. Section 65660 is added to the Food and Agricultural Code, to read: |
|---|
| 841 | 841 | | |
|---|
| 842 | 842 | | ### SEC. 40. |
|---|
| 843 | 843 | | |
|---|
| 844 | 844 | | 65660. (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate.(b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. |
|---|
| 845 | 845 | | |
|---|
| 846 | 846 | | 65660. (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate.(b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. |
|---|
| 847 | 847 | | |
|---|
| 848 | 848 | | 65660. (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate.(b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. |
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| 849 | 849 | | |
|---|
| 850 | 850 | | |
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| 851 | 851 | | |
|---|
| 852 | 852 | | 65660. (a) Before the initiation of a referendum for the continuation of the operation of the commission, as described in Section 65573, and upon a finding by a two-thirds vote of the commissioners that the commission has effectuated the purposes of this chapter, the commission may file a petition with the secretary recommending that the commission continue to operate. |
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| 853 | 853 | | |
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| 854 | 854 | | (b) The secretary may, upon receipt of the recommendation, grant the petition or hold a public hearing to review the petition. Upon conclusion of the hearing, the secretary may grant the petition or require a referendum to be conducted among producers in accordance with Section 65573 to determine if the commission will continue to operate. The secretary may prescribe additional procedures as may be necessary to conduct the referendum. |
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| 855 | 855 | | |
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| 856 | 856 | | SEC. 41. Section 65661 of the Food and Agricultural Code is amended to read:65661. At the close of the referendum period established, the director established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during said period. If that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the director secretary as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, by the commission during the last completed marketing season, participate in the referendum and the director finds either: secretary finds that either of the following occurs:(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of such the suspension, and the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum; or referendum.(b) That 51 Fifty-one percent or more of the producers who voted in the referendum voted in favor of such the suspension, and that the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum; the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the marketing season then current. referendum. |
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| 857 | 857 | | |
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| 858 | 858 | | SEC. 41. Section 65661 of the Food and Agricultural Code is amended to read: |
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| 859 | 859 | | |
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| 860 | 860 | | ### SEC. 41. |
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| 861 | 861 | | |
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| 862 | 862 | | 65661. At the close of the referendum period established, the director established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during said period. If that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the director secretary as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, by the commission during the last completed marketing season, participate in the referendum and the director finds either: secretary finds that either of the following occurs:(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of such the suspension, and the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum; or referendum.(b) That 51 Fifty-one percent or more of the producers who voted in the referendum voted in favor of such the suspension, and that the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum; the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the marketing season then current. referendum. |
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| 863 | 863 | | |
|---|
| 864 | 864 | | 65661. At the close of the referendum period established, the director established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during said period. If that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the director secretary as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, by the commission during the last completed marketing season, participate in the referendum and the director finds either: secretary finds that either of the following occurs:(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of such the suspension, and the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum; or referendum.(b) That 51 Fifty-one percent or more of the producers who voted in the referendum voted in favor of such the suspension, and that the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum; the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the marketing season then current. referendum. |
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| 865 | 865 | | |
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| 866 | 866 | | 65661. At the close of the referendum period established, the director established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during said period. If that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the director secretary as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, by the commission during the last completed marketing season, participate in the referendum and the director finds either: secretary finds that either of the following occurs:(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of such the suspension, and the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum; or referendum.(b) That 51 Fifty-one percent or more of the producers who voted in the referendum voted in favor of such the suspension, and that the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum; the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the marketing season then current. referendum. |
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| 867 | 867 | | |
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| 868 | 868 | | |
|---|
| 869 | 869 | | |
|---|
| 870 | 870 | | 65661. At the close of the referendum period established, the director established for any referendum required by Section 65660, the secretary shall tabulate the ballots filed during said period. If that period. The secretary shall declare the suspension of the operation of the commission, effective upon expiration of the current marketing season, if at least 40 percent of the total number of producers, as established by the director secretary as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, by the commission during the last completed marketing season, participate in the referendum and the director finds either: secretary finds that either of the following occurs: |
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| 871 | 871 | | |
|---|
| 872 | 872 | | (a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of such the suspension, and the producers so voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum; or referendum. |
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| 873 | 873 | | |
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| 874 | 874 | | (b) That 51 Fifty-one percent or more of the producers who voted in the referendum voted in favor of such the suspension, and that the producers so voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding season by all of the producers who voted in the referendum; the director shall declare the operation of the provisions of this chapter and of the commission suspended, effective upon expiration of the marketing season then current. referendum. |
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| 875 | 875 | | |
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| 876 | 876 | | SEC. 42. Section 65662 of the Food and Agricultural Code is amended to read:65662. Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such that pro rata refund to such those persons, any such moneys remaining and any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry. |
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| 877 | 877 | | |
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| 878 | 878 | | SEC. 42. Section 65662 of the Food and Agricultural Code is amended to read: |
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| 879 | 879 | | |
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| 880 | 880 | | ### SEC. 42. |
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| 881 | 881 | | |
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| 882 | 882 | | 65662. Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such that pro rata refund to such those persons, any such moneys remaining and any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry. |
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| 883 | 883 | | |
|---|
| 884 | 884 | | 65662. Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such that pro rata refund to such those persons, any such moneys remaining and any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry. |
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| 885 | 885 | | |
|---|
| 886 | 886 | | 65662. Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such that pro rata refund to such those persons, any such moneys remaining and any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry. |
|---|
| 887 | 887 | | |
|---|
| 888 | 888 | | |
|---|
| 889 | 889 | | |
|---|
| 890 | 890 | | 65662. Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, commission, the operations of the commission shall be wound up and any and all moneys remaining held by the commission, collected by assessment in the prior marketing year 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; provided further, however, that if the commission finds that the amounts so returnable are so small as to make impractical the computation and remitting of such that pro rata refund to such those persons, any such moneys remaining and any moneys remaining from assessments collected in the prior marketing year after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt status from the Internal Revenue Service and that benefits the California table grape industry. Moneys from prior assessment years, investments, investment income, and remaining grant funds shall be paid to a state or federal program benefiting the California table grape industry, or to a private organization that has received tax-exempt stats from the Internal Revenue Service and benefits the California table grape industry. |
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| 891 | 891 | | |
|---|
| 892 | 892 | | SEC. 43. Section 65663 of the Food and Agricultural Code is amended to read:65663. Upon suspension of the operation of this chapter and of the commission, as aforesaid, commission, a notice thereof of the suspension shall be posted on a public bulletin board to be maintained by the director in his office, secretary in their office, and a copy of such the notice shall be published in a newspaper of general circulation in each district. It shall also be the duty of the The commission to shall mail a copy of the notice of suspension to all producers and shippers affected by such the suspension whose names and addresses are on file with the commission. |
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| 893 | 893 | | |
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| 894 | 894 | | SEC. 43. Section 65663 of the Food and Agricultural Code is amended to read: |
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| 895 | 895 | | |
|---|
| 896 | 896 | | ### SEC. 43. |
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| 897 | 897 | | |
|---|
| 898 | 898 | | 65663. Upon suspension of the operation of this chapter and of the commission, as aforesaid, commission, a notice thereof of the suspension shall be posted on a public bulletin board to be maintained by the director in his office, secretary in their office, and a copy of such the notice shall be published in a newspaper of general circulation in each district. It shall also be the duty of the The commission to shall mail a copy of the notice of suspension to all producers and shippers affected by such the suspension whose names and addresses are on file with the commission. |
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| 899 | 899 | | |
|---|
| 900 | 900 | | 65663. Upon suspension of the operation of this chapter and of the commission, as aforesaid, commission, a notice thereof of the suspension shall be posted on a public bulletin board to be maintained by the director in his office, secretary in their office, and a copy of such the notice shall be published in a newspaper of general circulation in each district. It shall also be the duty of the The commission to shall mail a copy of the notice of suspension to all producers and shippers affected by such the suspension whose names and addresses are on file with the commission. |
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| 901 | 901 | | |
|---|
| 902 | 902 | | 65663. Upon suspension of the operation of this chapter and of the commission, as aforesaid, commission, a notice thereof of the suspension shall be posted on a public bulletin board to be maintained by the director in his office, secretary in their office, and a copy of such the notice shall be published in a newspaper of general circulation in each district. It shall also be the duty of the The commission to shall mail a copy of the notice of suspension to all producers and shippers affected by such the suspension whose names and addresses are on file with the commission. |
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| 903 | 903 | | |
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| 904 | 904 | | |
|---|
| 905 | 905 | | |
|---|
| 906 | 906 | | 65663. Upon suspension of the operation of this chapter and of the commission, as aforesaid, commission, a notice thereof of the suspension shall be posted on a public bulletin board to be maintained by the director in his office, secretary in their office, and a copy of such the notice shall be published in a newspaper of general circulation in each district. It shall also be the duty of the The commission to shall mail a copy of the notice of suspension to all producers and shippers affected by such the suspension whose names and addresses are on file with the commission. |
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| 907 | 907 | | |
|---|
| 908 | 908 | | SEC. 44. Section 65670 of the Food and Agricultural Code is repealed.65670.Nothing in this chapter contained shall apply to any order, rule or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission with respect to operation of common carriers. |
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| 909 | 909 | | |
|---|
| 910 | 910 | | SEC. 44. Section 65670 of the Food and Agricultural Code is repealed. |
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| 911 | 911 | | |
|---|
| 912 | 912 | | ### SEC. 44. |
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| 913 | 913 | | |
|---|
| 914 | 914 | | 65670.Nothing in this chapter contained shall apply to any order, rule or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission with respect to operation of common carriers. |
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| 915 | 915 | | |
|---|
| 916 | 916 | | |
|---|
| 917 | 917 | | |
|---|
| 918 | 918 | | Nothing in this chapter contained shall apply to any order, rule or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission with respect to operation of common carriers. |
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| 919 | 919 | | |
|---|
| 920 | 920 | | |
|---|
| 921 | 921 | | |
|---|
| 922 | 922 | | SEC. 45. Section 65673 of the Food and Agricultural Code is amended to read:65673. The commission shall reimburse to the Director of Agriculture secretary all expenses incurred by him them in the supervision of elections. |
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| 923 | 923 | | |
|---|
| 924 | 924 | | SEC. 45. Section 65673 of the Food and Agricultural Code is amended to read: |
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| 925 | 925 | | |
|---|
| 926 | 926 | | ### SEC. 45. |
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| 927 | 927 | | |
|---|
| 928 | 928 | | 65673. The commission shall reimburse to the Director of Agriculture secretary all expenses incurred by him them in the supervision of elections. |
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| 929 | 929 | | |
|---|
| 930 | 930 | | 65673. The commission shall reimburse to the Director of Agriculture secretary all expenses incurred by him them in the supervision of elections. |
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| 931 | 931 | | |
|---|
| 932 | 932 | | 65673. The commission shall reimburse to the Director of Agriculture secretary all expenses incurred by him them in the supervision of elections. |
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| 933 | 933 | | |
|---|
| 934 | 934 | | |
|---|
| 935 | 935 | | |
|---|
| 936 | 936 | | 65673. The commission shall reimburse to the Director of Agriculture secretary all expenses incurred by him them in the supervision of elections. |
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| 937 | 937 | | |
|---|
| 938 | 938 | | SEC. 46. Section 65675 of the Food and Agricultural Code is amended to read:65675. (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the director secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operations of the provisions of this chapter operation of the commission shall be reapproved and continued remain effective. The vote for approval and continuation shall be the same as used for the original approval of the provisions of this chapter. If (b) If the commission finds that a favorable vote has been given, it shall so certify to the director secretary and all provisions of this chapter the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall so certify that finding to the director secretary who shall declare the operation of the provisions of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30. Thereupon, Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. No A bond or security shall not be required for any such referendum. |
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| 939 | 939 | | |
|---|
| 940 | 940 | | SEC. 46. Section 65675 of the Food and Agricultural Code is amended to read: |
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| 941 | 941 | | |
|---|
| 942 | 942 | | ### SEC. 46. |
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| 943 | 943 | | |
|---|
| 944 | 944 | | 65675. (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the director secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operations of the provisions of this chapter operation of the commission shall be reapproved and continued remain effective. The vote for approval and continuation shall be the same as used for the original approval of the provisions of this chapter. If (b) If the commission finds that a favorable vote has been given, it shall so certify to the director secretary and all provisions of this chapter the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall so certify that finding to the director secretary who shall declare the operation of the provisions of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30. Thereupon, Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. No A bond or security shall not be required for any such referendum. |
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| 945 | 945 | | |
|---|
| 946 | 946 | | 65675. (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the director secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operations of the provisions of this chapter operation of the commission shall be reapproved and continued remain effective. The vote for approval and continuation shall be the same as used for the original approval of the provisions of this chapter. If (b) If the commission finds that a favorable vote has been given, it shall so certify to the director secretary and all provisions of this chapter the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall so certify that finding to the director secretary who shall declare the operation of the provisions of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30. Thereupon, Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. No A bond or security shall not be required for any such referendum. |
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| 947 | 947 | | |
|---|
| 948 | 948 | | 65675. (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the director secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operations of the provisions of this chapter operation of the commission shall be reapproved and continued remain effective. The vote for approval and continuation shall be the same as used for the original approval of the provisions of this chapter. If (b) If the commission finds that a favorable vote has been given, it shall so certify to the director secretary and all provisions of this chapter the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall so certify that finding to the director secretary who shall declare the operation of the provisions of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30. Thereupon, Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. No A bond or security shall not be required for any such referendum. |
|---|
| 949 | 949 | | |
|---|
| 950 | 950 | | |
|---|
| 951 | 951 | | |
|---|
| 952 | 952 | | 65675. (a) Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, unless the commission has filed a petition for recommending the continuance of the operation of the commission pursuant to Section 65660, the director secretary shall cause a referendum to be conducted by the commission among producers in the manner prescribed in Section 65573 to determine whether the operations of the provisions of this chapter operation of the commission shall be reapproved and continued remain effective. The vote for approval and continuation shall be the same as used for the original approval of the provisions of this chapter. If |
|---|
| 953 | 953 | | |
|---|
| 954 | 954 | | (b) If the commission finds that a favorable vote has been given, it shall so certify to the director secretary and all provisions of this chapter the operation of the commission shall remain effective. If the commission finds that a favorable vote has not been given, it shall so certify that finding to the director secretary who shall declare the operation of the provisions of this chapter and the commission suspended upon the expiration of the current marketing season ending April 30. Thereupon, Upon that declaration, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663. No A bond or security shall not be required for any such referendum. |
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