California Code
PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS
CHAPTER 14 - California Cherry Commission

ARTICLE 1 - Declaration and General Provisions

Section 76001. - 76001. The inability of cherry producers to maintain or expand...

Section 76002. - 76002. These conditions vitally concern the health, peace, safety, and...

Section 76003. - 76003. The promotional, educational, economic, and marketing research, and any...

Section 76004. - 76004. It is hereby declared to be the policy of...

Section 76005. - 76005. A commission form of administration created by this chapter...

Section 76006. - 76006. No action taken by the commission, nor by any...

ARTICLE 2 - Definitions

Section 76021. - 76021. Unless the context otherwise requires, the definitions in this...

Section 76022. - 76022. “Cherry” means any variety of cherry produced in the...

Section 76023. - 76023. “Books and records” means books, records, contracts, documents, memoranda,...

Section 76024. - 76024. “Commission” means the California Cherry Commission. (Added by Stats....

Section 76025. - 76025. “Commissioner” means any member of the commission. (Added by...

Section 76026. - 76026. “Grower-handler” means any person who engages in the operation...

Section 76027. - 76027. “Shipper” means any person who engages in the operation...

Section 76028. - 76028. “Ex officio member” means a nonvoting member of the...

Section 76029. - 76029. “Processor” means every person and every plant within this...

Section 76030. - 76030. “Marketing research” means any research relating to the marketing...

Section 76031. - 76031. “Marketing season” or “fiscal year” means the period beginning...

Section 76032. - 76032. “Process” means to engage in the business of a...

Section 76033. - 76033. “Producer” or “grower” means any person who is engaged...

Section 76034. - 76034. “Production research” means any research related to the production,...

ARTICLE 3 - The California Cherry Commission

Section 76051. - 76051. (a) There is in state government the California Cherry...

Section 76052. - 76052. (a) The districts consist of the following: (1) District...

Section 76053. - 76053. When the director is required to concur in a...

Section 76054. - 76054. (a) The director may require the commission to correct...

Section 76055. - 76055. The commission or the director may bring an action...

Section 76056. - 76056. The commission shall reimburse the director for all expenditures...

Section 76057. - 76057. Each member of the commission, except the ex officio...

Section 76058. - 76058. Any vacancy on the commission occurring by the failure...

Section 76059. - 76059. (a) Any producer member, grower-handler member, or the member’s...

Section 76060. - 76060. The public member or his or her alternate on...

Section 76061. - 76061. The term of office of all members of the...

Section 76062. - 76062. The commission shall be and is hereby declared and...

Section 76063. - 76063. A quorum of the commission shall be any six...

Section 76064. - 76064. The director or his or her representative shall be...

Section 76065. - 76065. No member of the commission or member of a...

Section 76066. - 76066. All money received by any person from the assessments...

Section 76067. - 76067. (a) The state is not liable for the acts...

ARTICLE 4 - Powers and Duties of the Commission

Section 76081. - 76081. The powers and duties of the commission include, but...

Section 76082. - 76082. The commission may adopt and from time to time...

Section 76083. - 76083. The commission may administer and enforce this chapter, and...

Section 76084. - 76084. The commission may appoint its own officers, including a...

Section 76085. - 76085. The commission may employ a person to serve at...

Section 76086. - 76086. The commission may fix the compensation for all employees...

Section 76087. - 76087. The commission may appoint committees composed of both members...

Section 76088. - 76088. The commission may establish offices, incur expenses, enter into...

Section 76089. - 76089. (a) The commission shall keep accurate books, records, and...

Section 76090. - 76090. The commission may promote the sale of cherries by...

Section 76091. - 76091. The commission may educate and instruct the wholesale and...

Section 76092. - 76092. The commission may make, in the name of the...

Section 76093. - 76093. The commission may conduct and contract with others to...

Section 76094. - 76094. The commission may publish and distribute, without charge, a...

Section 76095. - 76095. The commission may establish an assessment rate to defray...

Section 76096. - 76096. The commission may establish an annual budget according to...

Section 76097. - 76097. The commission shall submit to the director, for his...

Section 76098. - 76098. The commission may manage, if requested by an advisory...

Section 76099. - 76099. The commission may investigate and prosecute civil violations of...

ARTICLE 5 - Implementation and Voting Procedures

Section 76111. - 76111. (a) Within 90 days after a request by the...

Section 76112. - 76112. This chapter, except as necessary to conduct an implementation...

Section 76113. - 76113. (a) The director shall establish a period in which...

Section 76114. - 76114. Nonreceipt of a ballot shall not invalidate a referendum....

Section 76115. - 76115. If the director finds that a favorable vote has...

Section 76116. - 76116. If the director finds that a favorable vote has...

Section 76117. - 76117. Upon certification of the commission, the director shall contact,...

Section 76118. - 76118. To be eligible for election to the commission, producer,...

Section 76119. - 76119. Subsequent to the first election of members of the...

Section 76120. - 76120. (a) Prior to the referendum vote conducted by the...

ARTICLE 6 - Assessments and Records

Section 76141. - 76141. (a) The commission shall, not later than April 20...

Section 76142. - 76142. This chapter does not apply to cherries produced for...

Section 76143. - 76143. (a) Every processor, shipper, and grower-handler shall keep a...

Section 76144. - 76144. All proprietary information obtained by the commission or the...

Section 76145. - 76145. Assessments shall be upon the producer. The first shipper,...

Section 76146. - 76146. Every processor, shipper, and grower-handler is personally liable for...

Section 76147. - 76147. Any assessment which is levied as provided for in...

Section 76148. - 76148. Any producer, processor, shipper, or grower-handler who fails to...

ARTICLE 7 - Actions and Penalties

Section 76161. - 76161. It is unlawful to do any of the following:...

Section 76162. - 76162. The commission shall establish procedures for the purpose of...

Section 76163. - 76163. (a) The commission may commence civil actions and utilize...

ARTICLE 8 - Continuation or Suspension and Termination

Section 76181. - 76181. Except as otherwise specified in this article, the commission...

Section 76182. - 76182. If a referendum is conducted as the result of...

Section 76183. - 76183. Upon a finding by a two-thirds vote of the...

Section 76183.5. - 76183.5. (a) The director shall terminate the commission at the...

Section 76184. - 76184. After the effective date of suspension of the operation...

Section 76185. - 76185. Upon suspension of the operation of this chapter and...