California Food and Agricultural Code CHAPTER 26 - California Blueberry Commission

• Section 79231.
  (a) There is in the state government the California Blueberry Commission. Except as provided in subdivision (c), the commission shall be composed of five producers, five...
• Section 79232.
  (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in...
• Section 79233.
  The commission or the secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the...
• Section 79234.
  The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this chapter....
• Section 79235.
  Except for the ex officio members of the commission, each member of the commission shall have an alternate member elected in the same manner as...
• Section 79236.
  Any vacancy on the commission including, but not limited to, the failure of any person elected to the commission as a member or alternate member...
• Section 79237.
  A producer member or his or her alternate on the commission shall be an individual, partner, or employee of a producer who has a financial...
• Section 79238.
  A handler member or his or her alternate on the commission shall be an individual, partner, or employee of a handler who has a financial...
• Section 79239.
  The public member, or his or her alternate on the commission, shall have all the powers, rights, and privileges of any other member on the...
• Section 79240.
  The term of office of all members of the commission and alternates, except any ex officio member, shall be two years from the date of...
• Section 79241.
  The commission may sue and be sued and enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence...
• Section 79242.
  A quorum of the commission is a majority of the producer members and a majority of the handler members on the commission. Except as otherwise...
• Section 79243.
  The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission....
• Section 79244.
  No member of the commission or of any committee established by the commission, which may include nonmembers of the commission, shall receive a salary. Except...
• Section 79245.
  If the secretary is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission...
• Section 79246.
  All moneys received by any person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited in...
• Section 79247.
  The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
• Section 79251.
  The powers and duties of the commission shall include, but are not limited to, all of the following:(a) Adopt and from time to time alter, rescind,...
• Section 79252.
  (a) To prevent unfair trade practices which are detrimental to California’s blueberry industry, including, but not limited to, deception and misinformation, the commission shall collect and...
• Section 79261.
  (a) Within 15 days after the effective date of this chapter, the secretary shall establish a list of producers and handlers eligible to vote on the...
• Section 79262.
  This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a referendum vote...
• Section 79263.
  The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days...
• Section 79264.
  Nonreceipt of a ballot shall not invalidate a referendum.(Added by Stats. 2009, Ch. 366, Sec. 1. (AB 606) Effective January 1, 2010.)
• Section 79265.
  If the secretary finds that a favorable vote has been given as provided in Section 79262, he or she shall so certify and give notice...
• Section 79266.
  If the secretary finds that a favorable vote has not been given as provided in this article, he or she shall so certify and declare...
• Section 79267.
  (a) Upon certification of the commission, the secretary shall contact all producers and handlers in a manner determined by the secretary for the purpose of nominating...
• Section 79268.
  Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount...
• Section 79271.
  (a) The commission shall, not later than March 1, 2010, or as soon thereafter as possible, establish the assessment to be paid by the producers and...
• Section 79272.
  This chapter does not apply to blueberries produced only for a producer’s home use or to blueberries that are used only for ornamental purposes.(Added by...
• Section 79273.
  Every person who handles blueberries shall keep a complete and accurate record of all blueberries handled by him or her with the name of the...
• Section 79274.
  (a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of producers and handlers, shall be confidential...
• Section 79275.
  The first handler of blueberries being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a...
• Section 79276.
  Every handler shall be personally liable for the payment of the collected assessments from producers, and failure to collect the assessment from any producer shall...
• Section 79277.
  Any assessment that is levied as provided in this chapter is a personal debt of every producer and handler so assessed.(Added by Stats. 2009, Ch....
• Section 79278.
  (a) Any person who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a...
• Section 79281.
  A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission upon a person who does any of the following:(a) Willfully to...
• Section 79282.
  The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before...
• Section 79283.
  (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for...
• Section 79284.
  Any action by the commission for any penalty or other remedy that is prescribed under this chapter shall be commenced within two years from the...
• Section 79285.
  The commission is not required to allege or prove that an adequate remedy at law does not exist in any action brought under this chapter.(Added...
• Section 79286.
  This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held unconstitutional or invalid as applied...
• Section 79287.
  The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in...
• Section 79291.
  (a) Five years after implementation of this chapter, the secretary shall hold a public hearing, after providing proper notice to all persons subject to this chapter...
• Section 79292.
  Following a hearing, and favorable referendum if required, the process specified in Section 79291 shall be conducted by the secretary every five years thereafter between...
• Section 79293.
  (a) Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the...
• Section 79294.
  After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be concluded and all moneys held...
• Section 79295.
  Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all...
• Section 79301.
  The commission may recommend to the secretary that he or she adopt blueberry quality standards, product labeling, or engage in any other activity authorized pursuant...
• Section 79302.
  Any activity recommended by the commission shall not become operative until approved in the manner specified in Section 79262.(Added by Stats. 2009, Ch. 366, Sec....
• Section 79303.
  Any activity adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on...
• Section 79304.
  The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.(Added by Stats. 2009, Ch. 366, Sec. 1....

Last modified: October 22, 2018