California Code
PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS
CHAPTER 27 - California Nursery Producers Commission

ARTICLE 1 - Declaration and General Provisions

Section 79401. - 79401. The production of nursery products constitutes an important industry...

Section 79402. - 79402. The maintenance of the nursery industry of California is...

Section 79403. - 79403. The production of nursery products in California is currently...

Section 79404. - 79404. The nursery industry has been negatively impacted by invasive...

Section 79405. - 79405. The establishment of the commission is necessary for the...

Section 79406. - 79406. (a) The Legislature finds and declares that the commission...

Section 79407. - 79407. The Legislature further finds and declares that the programs...

Section 79408. - 79408. The successes that the nursery industry of California has...

Section 79409. - 79409. The production of nursery products in this state is...

Section 79410. - 79410. Opportunity exists for continued growth and expansion of the...

Section 79411. - 79411. The commission’s activities are necessary for the efficient development...

Section 79412. - 79412. The commission form of administration created by this chapter...

Section 79413. - 79413. No action taken by the commission, or by any...

Section 79414. - 79414. It is hereby declared as a matter of legislative...

ARTICLE 2 - Definitions

Section 79421. - 79421. Unless the context otherwise requires, the definitions in this...

Section 79422. - 79422. “Books and records” means books, records, contracts, documents, memoranda,...

Section 79423. - 79423. “Commission” means the California Nursery Producers Commission. (Added by...

Section 79424. - 79424. “Department” means the Department of Food and Agriculture. (Added...

Section 79424.5. - 79424.5. (a) “Districts” consists of the following: (1) District 1,...

Section 79425. - 79425. “Ex officio member” means a nonvoting member of the...

Section 79426. - 79426. “Market” or “marketing” means to sell nursery products to...

Section 79427. - 79427. “Marketing season” or “fiscal year” are synonymous terms and...

Section 79428. - 79428. “Person” means any individual, partnership, corporation, limited liability company...

Section 79429. - 79429. “Producer” means any person that operates under a California...

Section 79430. - 79430. “Nursery products” means any plant for planting, propagation, or...

Section 79431. - 79431. “Research” means any research relating to invasive pests, the...

Section 79432. - 79432. “Secretary” means the Secretary of Food and Agriculture. (Added...

Section 79433. - 79433. “Sell” or “sold” means to transfer or cause the...

ARTICLE 3 - California Nursery Producers Commission

Section 79441. - 79441. (a) There is in the state government the California...

Section 79442. - 79442. (a) The secretary may require the commission to correct...

Section 79443. - 79443. When the secretary is required to concur in a...

Section 79444. - 79444. The commission shall reimburse the secretary for all expenditures...

Section 79445. - 79445. Except for ex officio members, an alternate for each...

Section 79446. - 79446. Except as provided in Section 79441, any vacancy on...

Section 79447. - 79447. Any vacancy on the commission occurring by the failure...

Section 79448. - 79448. Any producer member and his or her alternate on...

Section 79449. - 79449. The public member and his or her alternate shall...

Section 79450. - 79450. Commission members and alternates shall serve three-year terms and...

Section 79451. - 79451. The commission may sue and be sued regarding any...

Section 79452. - 79452. A majority of the members of the commission shall...

Section 79453. - 79453. The secretary or his or her representatives shall be...

Section 79454. - 79454. No member or alternate of the commission or member...

Section 79455. - 79455. All funds received by any person from the assessments...

Section 79456. - 79456. The state is not liable for the acts of...

ARTICLE 4 - Powers and Duties

Section 79461. - 79461. The powers and duties of the commission shall include,...

Section 79462. - 79462. The commission may adopt and from time to time...

Section 79463. - 79463. The commission may administer and enforce this chapter and...

Section 79464. - 79464. The commission may appoint its own officers, including a...

Section 79465. - 79465. (a) The commission may employ a person to serve...

Section 79466. - 79466. The commission may fix the compensation for all employees...

Section 79467. - 79467. The commission may appoint committees composed of both members...

Section 79468. - 79468. The commission may establish offices and incur expenses, enter...

Section 79469. - 79469. The commission shall keep accurate books, records, and accounts...

Section 79470. - 79470. The commission may present facts to, and negotiate with,...

Section 79471. - 79471. The commission may conduct outreach, advertise, and educate and...

Section 79472. - 79472. The commission may conduct outreach and educate and instruct...

Section 79473. - 79473. The commission may conduct, and contract with others to...

Section 79474. - 79474. The commission may contract to receive and render services...

Section 79475. - 79475. The commission may accept contributions of, or match private,...

Section 79476. - 79476. In its discretion, the commission may cooperate with or...

Section 79477. - 79477. The commission may collect information, including, but not limited...

Section 79478. - 79478. The commission shall establish an assessment rate to be...

Section 79479. - 79479. The commission shall establish an annual budget according to...

Section 79480. - 79480. The commission shall submit to the secretary for his...

Section 79481. - 79481. The commission may investigate and prosecute civil violations of...

Section 79482. - 79482. The commission may appoint any person to serve as...

ARTICLE 5 - Implementation and Voting Procedures

Section 79491. - 79491. (a) Within 60 days of a request from any...

Section 79492. - 79492. This chapter, except as necessary to conduct an implementation...

Section 79493. - 79493. The secretary shall establish a period in which to...

Section 79494. - 79494. Nonreceipt of a ballot by an eligible producer shall...

Section 79495. - 79495. If the secretary finds that a favorable vote has...

Section 79496. - 79496. If the secretary finds that a favorable vote has...

Section 79497. - 79497. (a) Prior to the referendum vote conducted by the...

Section 79498. - 79498. Upon certification of the commission, the secretary shall contact...

Section 79499. - 79499. Subsequent to the first election of members and alternate...

ARTICLE 6 - Assessments and Records

Section 79501. - 79501. (a) The commission shall establish the assessment for the...

Section 79502. - 79502. This chapter does not apply to nursery products produced...

Section 79503. - 79503. Any person requesting an exemption from this chapter shall...

Section 79504. - 79504. Every person who produces nursery products for market, whether...

Section 79505. - 79505. (a) All information obtained by the commission or the...

Section 79506. - 79506. Any assessment that is levied as provided for in...

Section 79507. - 79507. Every producer shall be a trustee of the assessments...

Section 79508. - 79508. When the producer is a corporation, limited liability company,...

Section 79509. - 79509. Any person who fails to file a return or...

Section 79510. - 79510. In addition to any other penalty imposed, the commission...

ARTICLE 7 - Violations

Section 79511. - 79511. All violations of this chapter shall be prosecuted in...

Section 79512. - 79512. A civil penalty not exceeding one thousand dollars ($1,000)...

Section 79513. - 79513. The commission shall establish procedures for the purpose of...

Section 79514. - 79514. (a) The commission may commence civil actions and utilize...

Section 79515. - 79515. Any action by the commission for any violation of...

Section 79516. - 79516. The termination of this chapter shall not affect or...

ARTICLE 8 - Continuation or Suspension and Termination

Section 79521. - 79521. In the fifth year of operation of this chapter,...

Section 79522. - 79522. If the secretary finds after conducting a hearing that...

Section 79523. - 79523. (a) Upon a finding by a two-thirds vote of...

Section 79524. - 79524. After the effective date of suspension of this chapter,...

Section 79525. - 79525. Upon suspension of the operation of this chapter, the...