77410-77425
FOOD AND AGRICULTURAL CODE
SECTION 77410-77425
77410. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. 77411. "Strawberries" mean all strawberries produced in California for commercial purposes. 77412. "Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter. 77413. "Commission" means the California Strawberry Commission. 77414. "Crate" means a shipping container holding more than six pint baskets, or the equivalent volume thereof, and no more than 12 pint baskets, or the equivalent volume thereof, used in preparing for market or marketing strawberries for fresh consumption. A shipping container holding six pint baskets, or the equivalent volume thereof, shall be considered to be a half-crate. Assessments on a half-crate shall be one-half of the rate for a crate of strawberries. A shipping container holding more than 12 pint baskets, or the equivalent volume thereof, shall be assessed at a rate determined by the commission. 77415. "Director" means the Director of Food and Agriculture. 77416. "Districts" consist of the following: (a) District 1 consists of San Diego, Imperial, and Riverside Counties. (b) District 2 consists of Los Angeles, Orange, and San Bernardino Counties. (c) District 3 consists of Santa Barbara and San Luis Obispo Counties. (d) District 4 consists of Ventura County. (e) District 5 consists of Madera, Fresno, Kings, Tulare, Kern, Inyo, Merced, Stanislaus, San Joaquin, and Sacramento Counties and all other counties within the State of California not included in Districts 1 to 4, inclusive, and District 6. (f) District 6 consists of Alameda, Monterey, San Benito, San Mateo, Santa Clara, and Santa Cruz Counties, and the City and County of San Francisco. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary, to ensure proper representation. The boundaries need not coincide with county lines. 77417. "Ex officio members" are nonvoting members of the commission. 77417.5. "Market" or "marketing" means to sell or otherwise distribute strawberries into commercial channels or trade resulting in the sale of strawberries. 77418. "Marketing research" means any research relating to the sale of strawberries. 77419. "Marketing season" or "fiscal year" are synonymous terms and mean the period beginning February 1 of any year and extending through the last day of January of the following year. 77420. "Process" and "processing" are synonymous terms and mean the operations of receiving, cleaning, grading, capping, slicing, canning, freezing, preserving, or otherwise changing the form of the strawberries in preparing them for market. 77421. "Processor" means any person who performs any of the functions of processing strawberries within California. When a processor 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 for which a corporate processor 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 processes on behalf of, any producer, strawberries that were not previously subject to assessment by the commission. 77422. "Producer" and "grower" are synonymous terms and mean any person who produces or causes to be produced strawberries for market and who shall, upon request of the commission, provide proof of commodity sale. 77423. "Production research" means any research relating to the production, harvest, and post harvest handling of strawberries. 77424. "Ship" and "shipping" are synonymous terms and mean the operations of receiving, grading, cleaning, transporting, distributing, or otherwise preparing for market or marketing strawberries in other than processed form. 77425. "Shipper" means any person who performs any of the functions of shipping strawberries within California. When the shipper 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 for which a corporate shipper 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 ships on behalf of, any producer, strawberries that were not previously subject to assessment by the commission.