California

Food and Agricultural Code - FAC

9,659 sections, each with the official text and a plain-English explanation of what it means for you.

• § 78607 — No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the so-called Cartwright Act (Chapter 2 (c
• § 78608 — This chapter shall be liberally construed.
• § 78609 — It is hereby declared as a matter of legislative determination that commission members and alternates are intended to represent and further the interest of a particular industry concerned and that thi
• § 78610 — Opportunity exists for continued growth and expansion of the tomato industry by creating new markets in major portions of this country.
• § 78611 — The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of tomatoes the opportunity to avail themselves of the benefits of collect
• § 78620 — Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 78621 — “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.
• § 78622 — “Commission” means the California Tomato Commission.
• § 78623 — “Districts” shall consist of the following: (a) District 1 consists of Imperial and Riverside Counties.
• § 78624 — “Ex officio member” means a nonvoting member of the commission.
• § 78625 — “Fresh” means tomatoes, in any form, which have not been subject to heat processing.
• § 78626 — “Handle” means to engage in the operation of selling, marketing, or distributing fresh market tomatoes that have been produced, or purchased or acquired from a producer, or which are marketed on behal
• § 78627 — “Handler” or “shipper” means any person, other than a common carrier, who handles a quantity of 250,000 pounds or more of tomatoes during a marketing season.
• § 78628 — “Market” or “marketing” means to sell or otherwise distribute tomatoes into commercial channels or trade resulting in the sale of tomatoes.
• § 78629 — “Marketing research” means any research relating to the sale of tomatoes.
• § 78630 — “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning March 1 of any year and extending through the last day of February of the following year.
• § 78631 — “Person” means any individual, partnership, corporation, firm, company, or other entity doing business in California.
• § 78632 — “Producer” and “grower” are synonymous terms and mean any person who produces, or causes to be produced, tomatoes in a quantity of 250,000 pounds or more delivered to handlers during the marketing sea
• § 78633 — “Production research” means any research relating to the production, harvest, and post harvest handling of tomatoes.
• § 78634 — “Secretary” means the Secretary of Food and Agriculture.
• § 78635 — “Ship” and “shipping” are synonymous terms and mean the operations of receiving, grading, cleaning, transporting, distributing, or otherwise preparing for market or marketing, tomatoes for fresh consu
• § 78636 — (a) “Tomatoes” means all tomatoes that are produced for commercial purposes and are handled within the state in fresh form, except cherry tomatoes and tomatoes grown in a greenhouse.
• § 78640 — There is in the state government the California Tomato Commission.
• § 78641 — (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 the public interest or that is in violation of this
• § 78642 — 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 written notice, as the case may be, in a c
• § 78643 — When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days from notification of the decision.
• § 78644 — The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter.
• § 78645 — Except for ex officio members, an alternate for each member shall be elected in the same manner as the member.
• § 78646 — Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate to continue in his or her position due to a change in status making him or her i
• § 78647 — Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal
• § 78648 — Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer who has a financial interest in producing or causing to be
• § 78649 — Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of a handler who has a financial interest in handling tomatoes for market.
• § 78650 — The public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate, respectively, on the commission.
• § 78651 — The term of office of all members and alternates on the commission, except ex officio members, shall be two years from the beginning of the marketing season in the year of their election and until qua
• § 78652 — The commission shall be, and is hereby declared and created, a corporate body.
• § 78653 — A quorum of the commission shall be six voting producer members and four voting handler members.
• § 78654 — The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission.
• § 78655 — No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary.
• § 78656 — All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that the commission may designate and shall be disbu
• § 78657 — The state is not liable for the acts of the commission or its contracts.
• § 78660 — The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
• § 78661 — The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders in accordance with commission procedures for purposes o
• § 78662 — The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably necessary, to promote and maintain
• § 78663 — The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and such other officers as it deems necessary.
• § 78664 — The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other personnel, including legal counsel of its choice, ne
• § 78665 — The commission may fix the compensation for all employees of the commission.
• § 78666 — The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
• § 78667 — The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments as may be necessary
• § 78668 — The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission with the concurrence of
• § 78669 — The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the tomato industry.
• § 78670 — The commission may promote the sale of tomatoes by advertising and any other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding present markets and cre
• § 78671 — The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling tomatoes, and conduct market surveys and analyses.
• § 78672 — The commission may conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere,
• § 78673 — The commission may make in its name, contracts to receive and render services in formulating and conducting plans and programs and other contracts or agreements that the commission may deem necessary
• § 78674 — The commission may solicit and accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state or federal agencies for purposes
• § 78675 — The commission may collect information, including, but not limited to, industry crop statistics, and publish and distribute without charge, a bulletin or other communication to persons subject to this
• § 78676 — The commission shall establish an assessment rate to defray operating costs of the commission.
• § 78677 — The commission shall establish an annual budget according to generally accepted accounting practices.
• § 78678 — The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
• § 78679 — The commission and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial proceeding, all lists of persons subject to this chap
• § 78680 — The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapte
• § 78681 — (a) In order to prevent unfair trade practices that are detrimental to California’s tomato industry, including, but not limited to, deception and misinformation, the commission may collect and dissemi
• § 78682 — The commission may administer any government program that is engaged in the activities authorized by this chapter and that directly and exclusively affects the fresh tomato industry, upon the request
• § 78690 — (a) Within 15 days of the effective date of this chapter, the secretary shall establish a list of producers and handlers eligible to vote on implementation of this chapter.
• § 78691 — 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 conducted by the secretary: (a)
• § 78692 — In finding whether the commission is approved pursuant to this article, the vote of any nonprofit agricultural cooperative marketing association that is authorized by its members to so vote, shall be
• § 78693 — 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 in duration, and may prescribe additional procedures necessary to c
• § 78694 — Nonreceipt of a ballot by an eligible person shall not invalidate a referendum.
• § 78695 — If the secretary finds that a favorable vote has been given as provided in Section 78691, the secretary shall certify and give notice of the favorable vote to all affected producers and handlers whose
• § 78696 — If the secretary finds that a favorable vote has not been given as provided in Section 78691, the secretary shall certify and declare all provisions of this chapter inoperative.
• § 78697 — Upon certification of the commission, the members and alternates of any entity operating pursuant to an existing state marketing order affecting the same subject matter as this chapter shall comprise
• § 78698 — (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to
• § 78700 — (a) The commission shall establish the assessment for the marketing season not later than March 1 of each year or as soon thereafter as is possible.
• § 78701 — This chapter does not apply to tomatoes produced only for a producer’s home use or tomatoes that are used only for ornamental purposes.
• § 78702 — Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not an eligible producer or handler.
• § 78703 — Every person who handles tomatoes in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of tomatoes.
• § 78704 — (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of producers, is confidential and shall not be discl
• § 78705 — Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed.
• § 78706 — The first handler of tomatoes being assessed shall deduct the assessment from amounts paid by him or her to the producer, and shall be a trustee of these assessments and assessments required to be pai
• § 78707 — When the producer or handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for violating this chapter, in
• § 78708 — 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 penalty of 10 percent of the amount of the assessment determined to
• § 78709 — In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to furnish and maintain a surety bond in a for
• § 78710 — It is a misdemeanor for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission, or in any way to affect the shipment and
• § 78711 — 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 a committee of the co
• § 78712 — 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 the obtaining of injunctive relief or specif
• § 78713 — Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation.
• § 78714 — 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 connection with this chapter, release or extinguish
• § 78720 — Every five years, commencing with the 2001–02 marketing season, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued.
• § 78721 — If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall so certify and this chapter shall remain operative.
• § 78722 — Following a hearing, a favorable referendum if required, conducted prior to the last day of February 2002, the process specified in Section 78720 shall be conducted by the commission every fifth year
• § 78723 — (a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the commission may recommend to the s
• § 78724 — After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not required to defray the expenses of concluding and t
• § 78725 — Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by the suspension whose names and addresses are on file.
• § 78801 — The production and distribution of winegrapes and wine in Mendocino County constitute important industries that provide substantial and necessary revenues for the county and state, and employment for
• § 78802 — The maintenance and expansion of the winegrape and wine industries of Mendocino County and of its local, national, and foreign markets is necessary to assure the consuming public of a continuous suppl
• § 78803 — Opportunity exists for continued growth and expansion of the Mendocino County winegrape and wine industries by creating new markets in the state, the county, and abroad.
• § 78804 — The production of winegrapes, wine, and winegrape products in Mendocino County has the potential to be one of the leading segments of the state’s winegrape and wine industries.
• § 78805 — The Mendocino County winegrape and wine industries have enjoyed much success due to a commitment by the industries to fund research that has led to significant improvements in the quality and variety
• § 78806 — The production and marketing of winegrapes, wine, and winegrape products produced in Mendocino County is hereby declared to be of public interest, therefore it is necessary and appropriate that these
• § 78807 — (a) It shall be the policy of this state to preserve and encourage agricultural activities in the state, promote consumption of agricultural commodities produced and harvested in California, provide f
• § 78808 — No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the Cartwright Act, Chapter 2 (commencing
• § 78809 — The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes, wine, and other winegrape products in Mendocino County the
• § 78810 — This chapter shall be liberally construed.
• § 78811 — It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the particular agricultural industry concerned and t
• § 78821 — Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 78822 — “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.
• § 78823 — “Brandy” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from the residue thereof, distilled at not over 170
• § 78824 — “Commission” means the Mendocino Winegrape and Wine Commission.
• § 78825 — “Department” means the Department of Food and Agriculture.
• § 78826 — “Grape concentrate” or “concentrate” means unfermented grape juice from which the major portion of the original water content has been removed.
• § 78827 — “Grape juice” or “juice” means unfermented crushed grapes without solids containing the major portion of the original water content.
• § 78828 — “Ex officio member” means a nonvoting member of the commission.
• § 78829 — “High proof” means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the residue thereof.
• § 78830 — “Market” means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products.
• § 78831 — “Market development” includes, but is not limited to, trade, promotion, public education, dissemination of information on health and social issues, and other matters, and activities for the prevention
• § 78832 — “Market research” means any investigation, development, analysis, or implementation of information relating to the marketing of winegrapes, wine, and winegrape products including, but not limited to,
• § 78833 — “Marketing season” or “fiscal year” means the period beginning July 1 of any year and extending through June 30 of the following year.
• § 78834 — “Must” means a mixture of unfermented crushed grapes, solid grape particles, and grape juice.
• § 78835 — “Person” means any individual, firm, partnership, corporation, limited liability company, association, or any other business entity.
• § 78835.5 — “Process” or “processed” means producing must, grape juice, grape concentrate, wine, or other winegrape products, including high proof and brandy from winegrapes.
• § 78836 — “Producer” or “grower” means any person who is engaged within Mendocino County in the business of producing, or causing to be produced, winegrapes for market.
• § 78837 — “Production research” means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape products and uses for these products.
• § 78838 — “Secretary” means the Secretary of Food and Agriculture.
• § 78839 — “Vintner” and “processor” are synonymous and, except as otherwise specifically provided in this chapter, mean any person engaged in Mendocino County in producing or causing to be produced must, grape
• § 78840 — “Wine” means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from winegrapes that is defined as a wine
• § 78841 — “Winegrapes” means grapes produced in Mendocino County that are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products thereof, including, but not limite
• § 78842 — “Winegrape products” include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes.
• § 78851 — (a) There is in the state government the Mendocino Winegrape and Wine Commission.
• § 78852 — (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 the public interest or that is in violation of this
• § 78853 — The commission or secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the written notice, as the case may be, in a court
• § 78854 — When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days from notification of the decision.
• § 78855 — The commission shall reimburse the secretary for all expenditures incurred in carrying out his or her duties and responsibilities pursuant to this chapter.
• § 78856 — Each member, except the ex officio members, shall have an alternate member selected by the member, subject to approval by the commission.
• § 78857 — Any individual serving as a producer member and his or her alternate member shall be a producer who is not also a vintner, or a management-level employee or representative of a producer who is not als
• § 78858 — Any individual serving as a vintner member and his or her alternate member shall be a vintner, or a management-level employee or representative of a vintner, who has a financial interest in producing
• § 78859 — The public member and his or alternate member shall have all the rights, privileges, and powers of any other member of the commission.
• § 78860 — The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified.
• § 78861 — Not less than six voting members shall constitute a quorum of the commission.
• § 78862 — The vote of a majority of the members present at a meeting at which there is a quorum shall constitute an act of the commission.
• § 78863 — The commission shall be and is hereby declared and created a corporate body.
• § 78864 — The secretary or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission.
• § 78865 — No member or alternate member of the commission, or member of a committee established by the commission who is not a member of the commission, shall receive a salary.
• § 78866 — All funds received by the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks that the commission may designate and shall be disbursed by or
• § 78867 — (a) The state is not liable for the acts of the commission or its contracts.
• § 78881 — The powers and duties of the commission shall include, but not be limited to, the following: (a) Elect a chairperson and other officers as it may deem advisable, and delegate duties as may be advisabl
• § 78882 — (a) The commission may collect and disseminate to any and all interested parties, vintner market price information based on sales that have occurred in order to prevent unfair trade practices that are
• § 78901 — (a) Within 90 days of the effective date of this chapter, the secretary shall establish a list of producers and vintners in Mendocino County eligible to vote on implementation of this chapter.
• § 78903 — In determining whether this chapter is approved by producers, the secretary shall find both of the following: (a) That at least 40 percent of the total number of producers from the list established by
• § 78904 — The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration, and may prescribe additional procedures to conduct the
• § 78905 — Nonreceipt of a ballot shall not invalidate a referendum.
• § 78906 — The secretary shall certify and give notice of a favorable vote to all producers and vintners whose names and addresses are on file with the secretary if he or she finds that a favorable vote has been
• § 78907 — Upon certification of the commission, the secretary shall call meetings of producers and vintners in Mendocino County for the purpose of nominating and electing persons to the commission, or in the al
• § 78908 — Subsequent to the first members and alternate members elected to the commission, persons to be elected and appointed to the commission shall be selected pursuant to the nomination and election procedu
• § 78909 — (a) Prior to the implementation referendum conducted by the secretary, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the exp
• § 78921 — Prior to the beginning of each marketing season, or as soon as possible thereafter, the commission shall establish assessment rates for the marketing season, as follows: (a) An annual assessment on pr
• § 78923 — This chapter shall not apply to winegrapes produced for a producer’s home or ornamental use, or processed for a vintner’s home use.
• § 78924 — (a) Every producer and vintner shall keep complete and accurate records of winegrapes produced, processed, and marketed, including, but not limited to, the number of tons of winegrapes delivered to or
• § 78925 — (a) All proprietary and trade secret information obtained by the commission from producers and vintners shall be confidential and shall not be disclosed except when required by a court order after a h
• § 78926 — (a) Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in the time and manner prescribed by the commission.
• § 78927 — Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment det
• § 78928 — In addition to any other penalty imposed, the commission may require any person who fails to submit records or pay an assessment or related charge pursuant to this article to furnish and maintain a su
• § 78941 — It is unlawful for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission or to in any way to affect the delivery, recei
• § 78942 — The commission shall establish procedures for the purpose of according individuals aggrieved by its action or determinations an informal hearing before the commission, or before a committee of the com
• § 78943 — (a) The commission may commence civil action and use all remedies provided in law or equity for the enforcement of this chapter, including, but not limited to, the collection of assessments, penalties
• § 78944 — Any action by the commission for any violation of this chapter shall be commenced within three years from the date of discovery of the alleged violation.
• § 78945 — 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 connection with this chapter, release or extinguish
• § 78961 — Every five years, commencing with the 2011-2012 marketing season, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued.
• § 78962 — If the secretary finds, after conducting a hearing pursuant to Section 78961, that no substantial question exists, or that a favorable vote has been given after a referendum, the secretary shall so ce
• § 78963 — (a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purpose, the commission may recommend to the secretary that this chapter be suspen
• § 78964 — After the effective date of suspension of this chapter, the operation of the commission shall be wound up and concluded and all moneys held by the commission not required to defray the expenses of con
• § 78965 — Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and vintners affected by the suspension whose names and addresses are on file.
• § 79000 — The sea urchin fishery includes both divers and processors working together to provide a sustainable sea urchin resource and to ensure a reliable supply of quality seafood product for domestic consump
• § 79001 — The production and marketing of seafood, including sea urchin, constitute an important industry of this state that provides substantial and necessary revenues for the state and employment for its citi
• § 79002 — The production of sea urchin for domestic consumption and export is one of the leading segments of the state’s commercial fishing industry.
• § 79003 — The establishment of a commission is necessary for the efficient creation and management of a research program to develop improved harvesting and processing practices, an integrated approach to fisher
• § 79004 — The successes that the sea urchin fishery in California has enjoyed have come in large part through a commitment by the industry to support appropriate management regulations guiding the harvesting of
• § 79005 — The harvesting, processing, and marketing of sea urchin in this state is hereby declared to be affected with a public interest.
• § 79006 — No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a violation of the Cartwright Act, Chapter 2 (commencing
• § 79007 — This chapter shall be liberally construed.
• § 79008 — Opportunity exists for increasing the stability and reliability of the sea urchin fishery.
• § 79009 — The commission form of administration created by this chapter is uniquely situated to provide those engaged in the sea urchin fishery the opportunity to avail themselves of the benefits of collective
• § 79020 — Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 79021 — “Commission” means the California Sea Urchin Commission.
• § 79022 — “Fiscal year” means from April 1 of a year to March 31 of the next succeeding year.
• § 79023 — “Diver” means an individual licensed to commercially harvest fish pursuant to Section 7850 of the Fish and Game Code, and who in addition holds a valid sea urchin diving permit.
• § 79024 — “Handler” means any individual or person working for any individual or business entity licensed as one of the following who can document that they are substantially engaged in the California commercia
• § 79025 — “Sea urchin” means the following species of fish: (a) Red sea urchin (Strongylocentrotus franciscanus).
• § 79026 — “Sea urchin fishery” means any activity, including economic activity, involved in the harvesting, receiving, processing, manufacturing, or distributing of sea urchin, parts of sea urchin, or products
• § 79040 — There is in the state government the California Sea Urchin Commission.
• § 79041 — (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 the public interest or that is in violation of this
• § 79042 — 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 written notice, as the case may be, in a c
• § 79043 — When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days from notification of the decision.
• § 79044 — The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter.
• § 79045 — Except for nonvoting members, alternates for regular members may be elected in the same manner as members.
• § 79046 — Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate to continue in his or her position due to a change in status making him or her i
• § 79047 — Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her ineligible to serve, or due to death, removal
• § 79048 — (a) (1) Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of one or more handlers who have an ownership interest in a handli
• § 79049 — (a) Any diver member and his or her alternate on the commission shall be an individual diver who has documented landings of sea urchin in the previous commercial fishing license year.
• § 79050 — The public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate, respectively, on the commission.
• § 79051 — (a) The term of office of all members and alternates on the commission, except nonvoting members, shall be two years from the beginning of the fishery season in the year of their election and may serv