68021-68044
FOOD AND AGRICULTURAL CODE
SECTION 68021-68044
68021. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
68022. "Kiwifruit" means any variety of kiwifruit ("Kiwi," "Chinese
Gooseberry," or species Actinidia deliciosa) produced in the state,
including any kiwifruit delivered to a processor for processing into
any kiwifruit product.
68023. "Books and records" means books, records, contracts,
documents, memoranda, papers, correspondence, or other written data
pertaining to matters relating to the activities subject to the
provisions of this chapter.
68025. "Commission" means the California Kiwifruit Commission.
68026. "Commissioner" means any member of the commission.
68027. "Distribute" means to engage in the business of a
distributor.
68028. "Distributor" means any person who engages in the operation
of selling, marketing, or distributing kiwifruit which he has
produced or purchased or acquired from a producer, or which he is
marketing on behalf of a producer, whether as owner, agent, employee,
broker, or otherwise. When the distributor is a corporation, all of
the directors and officers of the corporation in their capacity as
individuals shall be included, and any liability for failure to
collect or make payment of assessments of which a corporate
distributor may be subject pursuant to this chapter shall include
identical liability upon each individual director or officer of the
corporation. It does not, however, include a retailer, except a
retailer who purchases or acquires from, or handles on behalf of any
producer, kiwifruit which was not previously subject to assessment by
the commission.
68029. "Secretary" means the Secretary of Food and Agriculture.
68030. "Districts" shall consist of the following:
(a) District 1 consists of Del Norte, Siskiyou, Modoc, Humboldt,
Trinity, Shasta, Lassen, Tehama, Mendocino, Glenn, Butte, and Plumas
Counties.
(b) District 2 consists of Lake, Colusa, Sutter, Yolo, Napa,
Sonoma, Marin, and Solano Counties.
(c) District 3 consists of Sierra, Yuba, Nevada, Placer, El
Dorado, Alpine, Amador, and Sacramento Counties.
(d) District 4 consists of Contra Costa, Alameda, Santa Clara,
Santa Cruz, San Benito, San Francisco, San Mateo, and Monterey
Counties.
(e) District 5 consists of San Joaquin, Calaveras, Tuolumne, Mono,
Mariposa, Stanislaus, and Merced Counties.
(f) District 6 consists of Madera, Fresno, Kings, Tulare, Inyo,
and Kern Counties.
(g) District 7 consists of San Luis Obispo, Santa Barbara, and
Ventura Counties.
(h) District 8 consists of San Bernardino, Riverside, Orange, Los
Angeles, San Diego, and Imperial Counties.
The boundaries of any district may be changed by a two-thirds vote
of the commission, which is concurred in by the secretary, when
necessary to maintain similar total production among the districts,
and to insure proper representation by producers. These boundaries
need not coincide with county lines.
68031. "Ex officio member" shall be a nonvoting member of the
commission.
68032. "Handle" means to engage in the business of a handler as
defined in Section 68033.
68033. "Handler" means any person engaged, within this state, as a
distributor in the business of distributing kiwifruit or any person
engaged as a processor in the business of processing kiwifruit and
employees thereof so engaged.
68034. "Independent handler" means a handler who primarily handles
fruit for an independent producer or grower.
68034.5. "Cooperative handler" means a handler who primarily
handles fruit for a cooperative producer or grower.
68036. "Marketing research" means any research relating to the sale
of kiwifruit.
68037. "Marketing season" or "fiscal year" means the period
beginning October 1 of any year and extending through September 30 of
the following year.
68038. "Nonprofit cooperative association" or "cooperative" means
any corporation which is organized pursuant to Chapter 1 (commencing
with Section 54001) of Division 20.
68039. "Processor" means any person engaged, within this state, in
the operation of canning, fermenting, distilling, extracting,
preserving, grinding, crushing, or in any other manner changing the
form of kiwifruit for the purpose of preparing it for market and
marketing the kiwifruit, or who is engaged in any activities which
are performed for the purpose of marketing processed kiwifruit. When
the processor is a corporation, all of the directors and officers of
the corporation in their capacity as individuals are included, and
any liability for failure to collect or make payment of assessments
to which a corporate processor may be subject pursuant to this
chapter includes the same liability for each individual director or
officer of the corporation.
The term "processor" does not, however, include a person who is
engaged in manufacturing from kiwifruit so changed in form another
and different product.
68040. "Process" means to engage in the business of a processor.
68041. "Producer" or "grower," means any person who is engaged,
within this state, in the business of producing, or causing to be
produced for market, kiwifruit, who shall, upon request, provide
proof of commodity sale and proof of assessment payment during the
preceding marketing season, or provide adequate proof, as determined
by the commission, of actual or anticipated commodity sale and
assessment payment during the existing marketing season.
68042. "Production research" means any research related to the
production, harvest, and post harvest handling of kiwifruit, other
than marketing research.
68043. "Sale" means the point at which the producer transfers title
to the kiwifruit in exchange for financial compensation or other
valuable consideration. A sale may occur even though the kiwifruit
purchased is not placed in normal marketing channels.
68044. "Tray" means a receptacle used in the packaging or handling
of kiwifruit.