2005 California Food and Agricultural Code Sections 78640-78657 Article 3. The California Tomato Commission

78640.  There is in the state government the California Tomato
Commission.  The commission shall be composed of 10 producers, seven
handlers, and may include one public member, at the discretion of the
commission.
   (a) Producers within the respective districts shall elect one
producer from District 1, one producer from District 2, one producer
from District 4, one producer from District 5, one producer from
District 6, one producer from District 7, and four at-large producers
from District 8.
   (b) Handlers within Districts 1 and 2, and Districts 4 to 7,
inclusive, shall elect one handler from each district.  Handlers in
California who exclusively handle tomatoes produced in District 3
shall elect one handler.  An individual serving on the commission as
a representative of District 3 shall be a United States citizen.
   (c) The public member shall be appointed to the commission by the
secretary from nominees recommended by the commission.
   (d) The secretary and other appropriate individuals, as determined
by the commission, shall be ex officio members of the 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 chapter.
   (b) If the commission refuses or fails to cease those activities
or functions or to make the corrections as 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, his or her reasons for requiring a cessation or correction
of specific existing or proposed activities or functions, and
recommendations that will make the activities or functions
acceptable.
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 court of competent jurisdiction, which may issue a
temporary restraining order, permanent injunction, or other
applicable relief.
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.
The secretary's response may be a requirement that additional
information be provided.
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.  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.
78645.  Except for ex officio members, an alternate for each member
shall be elected in the same manner as the member.  An alternate
shall, in the absence of the member for whom he or she is an
alternate, serve in place of the member 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
a member ineligible to serve, or due to death, removal, resignation,
or disqualification of a member, the alternate shall act as a member
of the commission until a qualified successor is elected or
appointed.
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 ineligible to serve, or due to death, removal or resignation,
shall be filled by another eligible person for the unexpired portion
of the term by a majority vote of the remaining members of the
commission.  The person shall fulfill all the qualifications set
forth in this article as required for the person whose office he or
she is to occupy.
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, resignation, or disqualification, shall be filled by another
eligible person for the unexpired portion of the term by the
secretary from nominees recommended by the commission.  The person
shall fulfill all the qualifications set forth in this article as
required for the member whose office he or she is to occupy.
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 produced, tomatoes for market.
Qualifications of producer members and their alternates shall be
maintained during their entire term of office.
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.  Qualifications of handler members and their
alternates shall be maintained during their entire term of office.
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.  The
public member and his or her alternate member shall not have any
financial interest in the tomato industry.
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 qualified successors are elected.
78652.  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 therein.
78653.  A quorum of the commission shall be six voting producer
members and four voting handler members.  Except as provided in
Section 78723, the vote of a majority of members present at a meeting
at which there is a quorum shall constitute the act of the
commission.
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.  However, the secretary or his
or her representative is not entitled to attend an executive session
of the commission or a committee of the commission called for the
purpose of discussing potential or actual litigation against the
department.
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.  Each member of the commission and
each alternate serving in place of a member, except ex officio
members who are officers or employees of a public agency, and each
member of a committee established by the commission who is a
nonmember of the commission, may receive reasonable and necessary
traveling expenses and meal allowances as approved by the commission
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.
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
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 an
amount of not less than twenty-five thousand dollars ($25,000).
78657.  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 or alternate of
the commission, or any employee or agent thereof, is personally
liable for the contracts of the commission.  No member or alternate
of the commission, or any employee or agent thereof, is responsible
individually in any way to 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 or alternate of the
commission, or any employee or agent thereof, is responsible
individually for any act or omission of any other member or alternate
of the commission, or any employee or agent thereof.  Liability is
several and not joint, and no member or alternate of the commission,
or any employee or agent thereof, is liable for the default of any
other member or alternate of the commission, or any employee or agent
thereof.