2007 California Food and Agricultural Code Article 2. Definitions

CA Codes (fac:76021-76034)

76021.  Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.



76022.  "Cherry" means any variety of cherry produced in the state,
including any cherries produced in this state and delivered to a
processor for processing into any cherry product.



76023.  "Books and records" means books, records, contracts,
documents, memoranda, papers, correspondence, or other written data
pertaining to matters relating to the activities subject to the
provisions of this chapter.


76024.  "Commission" means the California Cherry Commission.



76025.  "Commissioner" means any member of the commission.



76026.  "Grower-handler" means any person who engages in the
operation of selling, marketing, or distributing cherries which he or
she has produced. When the grower-handler is a corporation, all the
directors and officers of the corporation in their capacity as
individuals are included, and any liability for failure to collect or
make payment of assessments to which a corporate grower-handler may
be subject pursuant to this chapter includes the same liability for
each individual director or officer of the corporation.



76027.  "Shipper" means any person who engages in the operation of
selling, marketing, handling, or distributing cherries which he or
she has purchased or acquired from a producer, or which he or she is
marketing on behalf of a producer, whether as owner, agent, employee,
broker, or otherwise. When the shipper is a corporation, all the
directors and officers of the corporation in their capacity as
individuals are included, and any liability for failure to collect or
make payment of assessments to which a corporate shipper may be
subject pursuant to this chapter includes the same liability for each
individual director or officer of the corporation.
    "Shipper" does not include a retailer, except a retailer who
purchases or acquires from, or handles on behalf of any producer,
cherries which were not previously subject to regulation by the
commission.


76028.  "Ex officio member" means a nonvoting member of the
commission.


76029.  "Processor" means every person and every plant within this
state to whom or to which cherries are delivered for the purpose of
drying, dehydrating, canning, pressing, brining, crushing,
extracting, cooking, quick freezing, or for use in producing or
manufacturing a product or manufactured article.  When the processor
is a corporation, all the directors and officers of the corporation
in their capacity as individuals are included, and any liability for
failure to collect or make payment of assessments to which a
corporate processor may be subject pursuant to this chapter includes
the same liability for each individual director or officer of the
corporation.



76030.  "Marketing research" means any research relating to the
marketing of cherries.



76031.  "Marketing season" or "fiscal year" means the period
beginning on April 1 of any year and extending through March 31 of
the next year.


76032.  "Process" means to engage in the business of a processor.



76033.  "Producer" or "grower" means any person who is engaged
within this state in the business of producing or causing to be
produced on land totaling more than one acre, either for fresh market
or for processing, cherries of any variety, and who upon request,
provides proof of commodity sale.  For purposes of voting, "producer"
or "grower" does not include a person who purchases a cherry crop on
the tree, and the right to vote remains with the person selling the
cherry crop on the tree to the purchaser.



76034.  "Production research" means any research related to the
production, harvest, and postharvest handling of cherries, other than
marketing research.