79421-79433
FOOD AND AGRICULTURAL CODE
SECTION 79421-79433
79421. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. 79422. "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. 79423. "Commission" means the California Nursery Producers Commission. 79424. "Department" means the Department of Food and Agriculture. 79424.5. (a) "Districts" consists of the following: (1) District 1, which includes the Counties of Imperial, Orange, and San Diego. (2) District 2, which includes the Counties of Inyo, Kern, Kings, Los Angeles, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, Tulare, and Ventura. (3) District 3, which includes the Counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba. (b) Notwithstanding subdivision (a), the boundaries of any district may be changed by a two-thirds vote of the members of the commission, which is concurred in by the secretary, when necessary to maintain similar total production among the districts and to ensure proper representation. These boundaries need not coincide with county lines. 79425. "Ex officio member" means a nonvoting member of the commission. 79426. "Market" or "marketing" means to sell nursery products to a person other than another producer. 79427. "Marketing season" or "fiscal year" are synonymous terms and mean the period beginning May 1 of any year and extending through April 30 of the following year. 79428. "Person" means any individual, partnership, corporation, limited liability company or partnership, firm, company, or other entity doing business in California. 79429. "Producer" means any person that operates under a California state nursery license (producer category), and that produces, or causes to be produced, nursery products for the purposes of transferring title to another person. "Producer" does not include a licensed producer nursery that produced and sold nursery products for a gross dollar value of less than two million five hundred thousand dollars ($2,500,000) in the preceding marketing season. 79430. "Nursery products" means any plant for planting, propagation, or ornamentation, but does not include flowers as defined in Section 77911 or grape rootstock as defined in Section 74718. 79431. "Research" means any research relating to invasive pests, the production, harvest, postharvest handling, or marketing of nursery products, nursery product components, or practices employed by nurseries, and research relating to public education regarding nurseries and nursery products, including, but not limited to, basic and applied research. 79432. "Secretary" means the Secretary of Food and Agriculture. 79433. "Sell" or "sold" means to transfer or cause the transfer of title to nursery products for valuable consideration.