2005 California Food and Agricultural Code Sections 77051-77069 Article 3. The California Walnut Commission

77051.  (a) There is in state government the California Walnut
Commission.  The commission shall be composed of eight walnut
producers who are not handlers or producer-handlers, two walnut
handlers, two walnut producer-handlers, and one public member.  Four
producers, two from each district, shall be elected by and from
producers who are not affiliated with any cooperative handling
walnuts.  The other four producers, two from each district, shall be
selected pursuant to Section 77129.  One independent handler shall be
elected by and from handlers who are not within any cooperative
handling walnuts.  The other handler shall be selected pursuant to
Section 77129.  One producer-handler shall be elected by and from
producers who are not affiliated with any cooperative handling
walnuts.  The other producer-handler shall be selected pursuant to
Section 77129.
   (b) The public member shall be appointed to the commission by the
secretary from nominees recommended by the commission.
   (c) The secretary and other appropriate individuals as determined
by the commission shall be ex officio members of the commission.
77052.  (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 chapter.
   (b) If the commission refuses or fails to cease these activities
or functions or to make corrections required by the secretary, the
secretary may, upon written notice, suspend all or a portion of the
activities or functions of the commission until the time that the
cessation or correction of activities or functions as required by the
secretary has been accomplished by the commission.
   (c) Actions of the commission in violation of the written notice
are without legal force or effect.  The secretary, to the extent
feasible, shall issue the written notice prior to the commission
entering into any contractual relationship affecting the existing or
proposed activities or functions that are the subject of the written
notice.
   (d) Upon service of the written notice, the secretary shall notify
the commission in writing of the specific acts that the secretary
determines are not in the public interest or are in violation of this
chapter and the secretary's reasons for requiring a cessation or
correction of specific existing or proposed activities or functions.
The secretary may make recommendations that will make the activities
or functions acceptable.
77053.  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 court of competent jurisdiction, which may issue a
temporary restraining order, permanent injunction, or other
applicable relief.
77054.  When the secretary is required to concur in a decision of
the commission, the secretary shall concur, refuse to concur, or
request additional information from the commission within 15 working
days from notification of the decision.
77055.  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.  However, a
court may, if it finds that the secretary acted arbitrarily or
capriciously in restricting the activities or functions of the
commission, relieve the commission of the responsibility for payment
of the secretary's legal costs with regard to that action.
77056.  Each member of the commission, except the ex officio
members, shall have an alternate member to be elected in the same
manner as the member. An alternate member shall, in the absence of
the member for whom he or she is an alternate, serve in place of the
member on the commission and shall have and be able to exercise all
the rights, privileges, and powers of the member when serving on the
commission.  In the event of a change in status making him or her
ineligible to serve, or due to death, removal, resignation, or
disqualification of a member, the alternate member shall act as a
member on the commission until a qualified successor is elected or
appointed.
77057.  Any vacancy on the commission occurring by the failure of
any person elected to the commission as a member or alternate member
not affiliated with any cooperative marketing walnuts 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, or resignation, shall
be filled for the unexpired portion of the term by a majority vote of
the remaining members of the commission who are not affiliated with
any cooperative marketing walnuts.  That person shall meet all the
qualifications set forth in this article as required for the member
whose office he or she is to fill.
77058.  Any vacancy on the commission occurring by the failure of
any person elected to the commission as a member or alternate member
affiliated with a cooperative marketing walnuts 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, or resignation, shall be filled
for the unexpired portion of the term by a majority vote of the
remaining members of the commission who are affiliated with any
cooperative marketing walnuts.  That person shall meet all the
qualifications set forth in this article as required for the member
whose office he or she is to fill.
77059.  Any vacancy on the commission occurring by the failure of
the public member or alternate 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, or resignation, shall be filled for
the unexpired portion of the term by the secretary from nominees
recommended by the commission.  That person shall meet all the
qualifications set forth in this article as required for the member
whose office he or she is to fill.
77060.  Any producer member and his or her alternate member on the
commission shall be an individual or an employee representing a
producer who has a financial interest in producing, or causing to be
produced, walnuts for market.  The qualifications of producer members
and their alternate members shall be maintained during the entire
term of office.
77061.  Any handler member and his or her alternate member on the
commission shall have a financial interest in handling walnuts for
market.
77062.  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 member, respectively, on the commission.
The public member and his or her alternate member shall not have any
financial interest in the walnut industry.
77063.  The term of office of all members of 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 qualified
successors are elected.  The same selection procedure shall apply to
handler members.  Terms of office of each member and alternate member
of the commission shall be limited to four consecutive terms.
77064.  The commission shall be and is hereby declared and created a
corporate body.  It shall have the power to sue and be sued, to
contract and be contracted with, and to have and possess all of the
powers of a corporation.  It may adopt a corporate seal.  Copies of
its proceedings, records, and acts, when authenticated, shall be
prima facie evidence of the truth of all statements herein.
77065.  A quorum of the commission shall be eight voting members of
the commission.  Except as provided in  Section 77027, a vote in
favor of a motion by eight members present at a meeting shall
constitute the act of the commission so long as those voting in favor
include at least three members who are not affiliated with any
cooperative handling walnuts and three members who are affiliated
with a cooperative handling walnuts.
77066.  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.
77067.  No member of the commission or member of a committee
established by the commission who is a nonmember of the commission
shall receive a salary. Each member of the commission or each
alternate member serving in place of a member, except ex officio
government members, and each member of a committee established by the
commission who is a nonmember of the commission, may receive a sum
of not to exceed one hundred dollars ($100) per day, as established
by the commission.  This per diem shall be paid to members for each
day spent in actual attendance at, or in traveling to and from,
meetings of the commission or committees of the commission, or on
special assignment for the commission, as approved by the commission.
  Members shall also receive the necessary traveling expenses and
meal allowances, as approved by the commission.
77068.  All funds received by any person from the assessments levied
pursuant  this chapter or otherwise received by the commission shall
be deposited in banks which the commission may designate and shall
be disbursed by order of the commission through an agent or agents as
it may designate for that purpose.  The agent or agents shall be
bonded by a fidelity bond, executed by a surety company authorized to
transact business in this state, in favor of the commission, in the
amount of not less than twenty-five thousand dollars ($25,000).
77069.  The state is not liable for the acts of the commission or
its contracts.  Payments of all claims arising by reason of the
administration of this chapter or acts of the commission are limited
to the funds collected by the commission.  No member of the
commission, alternate member, or any employee or agent thereof, is
personally liable for the contracts of the commission.  No member of
the commission, alternate member, or any employee or agent thereof,
is responsible individually in any way to any producer, processor,
handler, or any other person for errors in judgment, mistakes, or
other acts, either of commission or omission, as principal, agent or
employee, except for his or her own individual acts of dishonesty or
crime.  No member of the commission, alternate member, or any
employee or agent thereof, is responsible individually for any act or
omission of any other member of the commission, alternate member, or
any employee or agent thereof.  Liability is several and not joint,
and no member of the commission, alternate member, or any employee or
agent thereof, is liable for the default of any other member of the
commission, alternate member, or any employee or agent thereof.