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.

• § 79052 — The commission shall be, and is hereby declared and created, a corporate body.
• § 79053 — A quorum of the commission shall be six voting members, including at least two handlers and two divers.
• § 79054 — The secretary or his or her representative shall be notified and may attend each meeting of the commission and any committee meetings of the commission.
• § 79055 — 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.
• § 79056 — (a) All funds received by the commission or an agent of the commission from the assessments levied under this chapter or otherwise received by the commission shall be deposited in accounts that the co
• § 79057 — The state is not liable for the acts of the commission or its contracts.
• § 79061 — 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
• § 79062 — 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
• § 79063 — The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and such other officers as it deems necessary.
• § 79064 — The commission may employ a person or firm to serve at the pleasure of the commission as executive officer of the commission, and other personnel, including legal counsel of its choice, necessary to c
• § 79065 — The commission may fix the compensation for all employees of the commission.
• § 79066 — The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
• § 79067 — 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
• § 79068 — 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 entity or firm selected by the commission with the conc
• § 79069 — The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the sea urchin commercial fishing industry.
• § 79070 — (a) The commission may carry out industry educational programs with respect to proper methods of handling and preserving the quality of sea urchin to protect the public health, the economic viability
• § 79071 — The commission may conduct, or contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere,
• § 79072 — The commission may enter into contracts to acquire and render services in preparing plans and conducting programs and other contracts or agreements that the commission may deem necessary for carrying
• § 79073 — The commission may 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 of promoting
• § 79074 — The commission may collect information, including, but not limited to, fishery landing statistics, and publish and distribute without charge, a bulletin, newsletter, or other communication to persons
• § 79075 — The commission shall establish an assessment rate to defray operating costs of the commission.
• § 79076 — (a) The commission shall establish an annual budget and maintain records of expenditures according to generally accepted accounting practices.
• § 79077 — The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
• § 79078 — 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
• § 79079 — 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
• § 79080 — The commission may administer any government program engaged in the activities authorized by this chapter and that directly affects the sea urchin fishery, upon the request of an authorized agent of t
• § 79081 — The commission may approve payment of a stipend to commission members of not more than one hundred twenty-five dollars ($125) for each day a member is on official commission business pursuant to Secti
• § 79100 — (a) Within 60 days of the effective date of this chapter, the secretary shall establish a list of divers and handlers eligible to vote on implementation of this chapter.
• § 79101 — This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds at least one of the following in a referendum vote conducted by the
• § 79102 — (a) 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
• § 79103 — (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79101, the secretary shall certify and give notice of the favorable vote to all affected divers and handlers whose
• § 79104 — (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
• § 79120 — (a) The commission shall establish an assessment for the season not later than February 1 of each year or continue the previous assessment.
• § 79121 — (a) Every person or entity who handles sea urchin in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of sea urchin.
• § 79122 — (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of divers and the volume and value of landings made
• § 79123 — The first handler of sea urchin being assessed shall deduct the assessment from amounts paid by him or her to the diver, and shall be a trustee of these assessments until they are paid to the commissi
• § 79124 — When the 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, including but
• § 79125 — Any person who fails to pay any assessment, including submitting any records required by the commission, within the time required by the commission shall pay to the commission a penalty of 10 percent
• § 79126 — 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
• § 79127 — 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
• § 79128 — 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
• § 79129 — (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 the obtaining of injunctive relief or sp
• § 79130 — 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.
• § 79131 — 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
• § 79132 — (a) The commission may consult and enter into agreements with the Director of Fish and Wildlife, if necessary and appropriate, to assist in the administration and enforcement of this chapter, includin
• § 79140 — Every five years, commencing with the fifth year following certification of the commission, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued.
• § 79141 — 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.
• § 79142 — The process specified in Section 79140 shall be conducted by the commission every fifth year following the initial certification of the commission, unless a referendum is conducted as the result of a
• § 79143 — (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 achieve its declared purposes, the commission may recommend to the secr
• § 79144 — 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
• § 79145 — 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.
• § 79150 — The spiny lobster fishery includes both fishermen and handlers working together to provide a sustainable spiny lobster resource and to ensure a reliable supply of quality seafood product for domestic
• § 79150.5 — The production and marketing of seafood, including spiny lobster, constitute an important industry of this state that provides substantial and necessary revenues for the state and employment for its c
• § 79151 — The production of spiny lobster for domestic consumption and export is one of the leading segments of the state’s commercial fishing industry.
• § 79151.5 — 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
• § 79152 — The successes that the spiny lobster fishery in California has enjoyed have come in large part through a commitment by the industry to support appropriate management regulations guiding the harvesting
• § 79152.5 — The harvesting, processing, and marketing of spiny lobster in this state is hereby declared to be affected with a public interest.
• § 79153 — No action taken by the commission, or by any individual in accordance with this chapter is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the B
• § 79153.5 — This chapter shall be liberally construed.
• § 79154 — Opportunity exists for increasing the stability and reliability of the spiny lobster fishery.
• § 79154.5 — The commission form of administration created by this chapter is uniquely situated to provide those engaged in the spiny lobster fishery the opportunity to avail themselves of the benefits of collecti
• § 79155 — Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 79155.5 — “Commission” means the California Spiny Lobster Commission.
• § 79156 — “Ex officio” means nonvoting members of the commission.
• § 79156.5 — “Fiscal year” and “marketing season” have the same meaning as the period of February 1 of any year and extending through January 31 of the following year.
• § 79157 — “Fisherman” or “fishermen” means a person licensed to commercially harvest fish pursuant to Section 7850 of the Fish and Game Code, who in addition holds a valid spiny lobster fishing permit, and has
• § 79157.5 — “Handler” means a person engaged with the following licensees: (a) Licensed pursuant to Section 8033 of the Fish and Game Code.
• § 79158 — “Spiny lobster” means the Panulirus interruptus species.
• § 79158.5 — “Spiny lobster fishery” means any activity, including economic activity, involved in the harvesting, receiving, processing, manufacturing, or distributing of spiny lobster, parts of spiny lobster, or
• § 79160 — (a) There is in the state government the California Spiny Lobster Commission.
• § 79160.5 — (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
• § 79161 — 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 co
• § 79161.5 — 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 the notification of the decision.
• § 79162 — 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.
• § 79162.5 — Alternates for regular members may be elected in the same manner as members.
• § 79163 — A vacancy on the commission occurring by the failure of a 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 ineli
• § 79163.5 — 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,
• § 79164 — A fisherman shall not be eligible to be elected to the commission as a member or alternate if he or she has been convicted of a violation of any law related to commercial fishing, not including any te
• § 79164.5 — 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.
• § 79165 — (a) The term of office of all members and alternates on the commission, except ex officio members, shall be three years from the beginning of the fishery season in the year of their election and may s
• § 79165.5 — The commission may sue and be sued and enter into contracts.
• § 79166 — A quorum of the commission shall be four voting members, including at least four fishermen members.
• § 79166.5 — The secretary or his or her representative shall be notified and may attend each meeting of the commission and any committee meetings of the commission.
• § 79167 — A member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall not receive a salary.
• § 79167.5 — (a) All moneys received by the commission or an agent of the commission from the assessments levied under this chapter or otherwise received by the commission shall be deposited in accounts that the c
• § 79168 — The state is not liable for the acts of the commission or its contracts.
• § 79170 — 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 the purpos
• § 79170.5 — 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
• § 79171 — The commission may appoint its own officers, including a chair, one or more vice chairs, and other officers as it deems necessary.
• § 79171.5 — The commission may employ a person or firm to serve at the pleasure of the commission as executive officer of the commission, and other personnel, including legal counsel of its choice, necessary to c
• § 79172 — The commission may fix the compensation for all employees of the commission.
• § 79172.5 — The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
• § 79173 — The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow moneys in advance of receipt of assessments as may be necessary
• § 79173.5 — 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 entity or firm selected by the commission with the conc
• § 79174 — The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the spiny lobster fishery industry.
• § 79174.5 — (a) The commission may carry out spiny lobster fishery industry educational programs with respect to proper methods of handling and preserving the quality of spiny lobster to protect the public health
• § 79175 — The commission may conduct, or contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere,
• § 79175.5 — The commission may enter into contracts to acquire and render services in preparing plans and conducting programs and other contracts or agreements that the commission may deem necessary for carrying
• § 79176 — The commission may accept contributions of, or match private, state, or federal moneys, and employ or make contributions of moneys to other persons or state or federal agencies for the purposes of pro
• § 79176.5 — The commission may collect information, including, but not limited to, spiny lobster fishery landing statistics, and publish and distribute without charge a bulletin, newsletter, or other communicatio
• § 79177 — The commission shall establish an assessment rate to defray the operating costs of the commission.
• § 79177.5 — (a) The commission shall establish an annual budget and maintain records of expenditures according to generally accepted accounting practices.
• § 79178 — The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
• § 79178.5 — The commission and the secretary shall keep confidential and shall not disclose, except when required by a court order after a hearing in a judicial proceeding, all lists of persons subject to this ch
• § 79179 — 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
• § 79179.5 — The commission may administer any government program engaged in the activities authorized by this chapter and that directly affects the spiny lobster fishery, upon the request of an authorized agent o
• § 79179.7 — The commission may approve payment of a stipend to commission members of not more than one hundred forty-five dollars ($145) for each day a member is on official commission business pursuant to Sectio
• § 79180 — (a) Within 60 days of the effective date of this chapter, the secretary shall establish a list of fishermen eligible to vote on the implementation of this chapter.
• § 79180.5 — This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum vote conducted by the secretary that at least 40 pe
• § 79181 — (a) 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
• § 79181.5 — (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79180.
• § 79182 — (a) Before a 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 def
• § 79182.5 — (a) If the first referendum vote conducted pursuant to this article fails and a second referendum vote is not conducted and certified as of the date that is two years later, this chapter is repealed a
• § 79185 — (a) The commission shall establish an assessment for the season not later than February 1 of each year.
• § 79185.5 — Every person who handles spiny lobster in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of spiny lobster.
• § 79186 — (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of fishermen and the volume and value of landings ma
• § 79186.5 — The first handler of spiny lobster being assessed shall deduct the assessment from amounts paid by him or her to the fisherman, and shall be a trustee of these assessments until they are paid to the c
• § 79187 — When the 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, including, but
• § 79187.5 — Any person who fails to pay an assessment, including submitting any records required by the commission, within the time required by the commission shall pay to the commission a penalty of 10 percent o
• § 79188 — 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
• § 79188.5 — 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
• § 79189 — 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 com
• § 79189.5 — (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 the obtaining of injunctive relief or spe
• § 79190 — Any action by the commission for any violation of this chapter shall be commenced within two years from the date of the discovery of the alleged violation.
• § 79190.5 — 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
• § 79195 — Every five years, commencing with the fifth year following certification of the commission, the secretary shall hold a hearing to determine whether the operation of this chapter should be continued.
• § 79195.5 — If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall certify that this chapter remains operative.
• § 79196 — The process specified in Section 79195 shall be conducted by the secretary every fifth year following the initial certification of the commission, unless a referendum is conducted as the result of a p
• § 79196.5 — (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 achieve its declared purposes, the commission may recommend to the secr
• § 79197 — 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
• § 79197.5 — Upon the suspension of the operation of this chapter, the commission shall mail a copy of the notice of the suspension to all eligible persons affected by the suspension whose names and addresses are
• § 79201 — The production and marketing of blueberries constitute an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens.
• § 79202 — The establishment of the commission is necessary for the efficient creation and management of a research program to develop improved varieties of blueberries, an integrated approach to manage pests an
• § 79203 — The maintenance of the blueberry industry in California is necessary to assure the public of a continuous supply of this important commodity and the maintenance of needed levels of income for those en
• § 79204 — The production and marketing of blueberries produced in this state is hereby declared to be affected with a public interest.
• § 79205 — The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of blueberries the opportunity to avail themselves of the benefits of coll
• § 79206 — No action taken by the commission, or by any individual in accordance with this chapter or with rules and regulations adopted under this chapter, shall be deemed a violation of the Cartwright Act (Cha
• § 79207 — 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 industry concerned and that this repr
• § 79211 — Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 79212 — “Advertising and promotion” mean, in addition to their ordinarily accepted meaning, any plan directed toward increasing the sale of blueberries in domestic or foreign markets and trade promotion and a
• § 79213 — “Blueberries” mean all blueberries produced in California for commercial purposes.
• § 79214 — “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.
• § 79215 — “Commission” means the California Blueberry Commission.
• § 79216 — (a) “Districts” consist of the following: (1) District 1 consists of all counties in the state along the coastline, including San Diego.
• § 79217 — “Ex officio members” are nonvoting members of the commission.
• § 79218 — “Handle” means to engage in the business of a handler.
• § 79219 — (a) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing blueberries that he or she has produced or purchased or acquired from a producer, or
• § 79220 — “Market” or “marketing” means to sell or otherwise distribute blueberries into commercial channels or trade resulting in the sale of blueberries.
• § 79221 — “Marketing research” means any research relating to the sale of blueberries.
• § 79222 — “Marketing season” or “fiscal year” are synonymous terms and mean the period beginning March 1, 2010, to September 30, 2011, and, thereafter, October 1 of any year and extending through September 30 o
• § 79223 — “Producer” and “grower” are synonymous terms and mean any person who produces or causes to be produced on land totaling more than five acres of blueberries for market and who shall, upon request of th
• § 79224 — “Production research” means any research relating to the production, harvest, and postharvest handling of blueberries.
• § 79225 — “Secretary” means the Secretary of Food and Agriculture.
• § 79231 — (a) There is in the state government the California Blueberry Commission.
• § 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 the public interest or in violation of this chapter.
• § 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 written notice, in a court of competent ju
• § 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.
• § 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 the member.
• § 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 to continue in his or her position due to a change in s
• § 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 interest in producing, or causing to be produced, blueberries
• § 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 interest in handling blueberries for market.
• § 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 commission.
• § 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 their election and until their successors are elected, except, tha
• § 79241 — The commission may sue and be sued and enter into contracts.
• § 79242 — A quorum of the commission is a majority of the producer members and a majority of the handler members on the commission.
• § 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.
• § 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.
• § 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 within 15 working days from notification of the decision.
• § 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 banks designated by the commission and shall
• § 79247 — The state shall not be liable for the acts of the commission or its contracts.
• § 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, modify, and amend bylaws, rules, regulations, and o
• § 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 disseminat
• § 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 implementation of this chapter.
• § 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 conducted by the secretary: (a)
• § 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 in duration and may prescribe additional procedures necessary to con
• § 79264 — Nonreceipt of a ballot shall not invalidate a referendum.
• § 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 of the vote to all producers and handlers whose names and addresses
• § 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 this chapter inoperative.
• § 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 and electing persons to the commi
• § 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 of funds determined necessary by the secre
• § 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 handlers for the marketing season.
• § 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.
• § 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 producer whose blueberries were handled.
• § 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 and shall not be disclos
• § 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 trustee of the funds until they are paid to the commission a
• § 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 not exempt the handler from liabilit
• § 79277 — Any assessment that is levied as provided in this chapter is a personal debt of every producer and handler so assessed.
• § 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 penalty of 10 percent of the amount of the assessment determine
• § 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 render or furnish a false report, statement, o
• § 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 a committee of the co
• § 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 obtaining injunctive relief or specific
• § 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 date of discovery of the alleged violation.
• § 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.
• § 79286 — This chapter shall be liberally construed.
• § 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 connection with this chapter, release or extinguish
• § 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 and any other persons or entities w
• § 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 October 1 and September 30, un
• § 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 commission may recommend to the secretary that the
• § 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 by the commission, and moneys collected by assessm
• § 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 producers and handlers affected by the suspension whose name