ARTICLE 3. The California Avocado Commission [67051. - 67062.]

Cal. Food and Agricultural Code - FAC 3.
in effect

Cal. Food and Agricultural Code - FAC § 67051. Section 67051.

(a) There is in the state government the California Avocado Commission. (b) The commission shall be composed of the following members: (1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district. (B) If the commission consists of four districts, eight producers who are not handlers, two elected from each district. (C) If the commission consists of five districts, 10 producers who are not handlers, two elected from each district. (2) Two avocado handlers elected on a statewide basis. (3) One public member who shall be appointed to the commission by the secretary from nominees recommended by the commission. (4) The secretary who shall be a nonvoting ex officio member of the commission.

Cal. Food and Agricultural Code - FAC § 67051.5. Section 67051.5.

The secretary may require the commission to correct or cease any activity or function which is determined by the secretary not to be in the public interest or is in violation of this chapter. If the commission refuses or fails to cease the activities or functions or to make corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities of the commission until the time that the cessation or correction of activities or functions as required by the secretary have been accomplished. Any written notice, to cease any activity which is the subject of a contract of the commission entered into by the commission prior to the notice, shall not be effective until after the period of notice for termination provided in the contract or 120 days, whichever is shorter. Upon service of the written notice, the secretary shall notify the commission in writing, of the specific acts which he or she determines are not in the public interest or are in violation of this chapter.

Cal. Food and Agricultural Code - FAC § 67051.6. Section 67051.6.

Either the commission or the secretary may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief.

Cal. Food and Agricultural Code - FAC § 67052. Section 67052.

(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. (b) The alternate producer member shall, in the absence of a producer member from the same district, serve in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when serving on the commission.

Cal. Food and Agricultural Code - FAC § 67052.3. Section 67052.3.

(a) There shall be one alternate handler member to be elected in the same manner as the handler members. (b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the handler member when sitting on the commission.

Cal. Food and Agricultural Code - FAC § 67052.5. Section 67052.5.

(a) There shall be one alternate public member who shall be appointed by the secretary from nominees recommended by the commission. (b) The alternate public member shall, in the absence of the public member, serve in place of the absent public member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the public member when serving on the commission.

Cal. Food and Agricultural Code - FAC § 67053. Section 67053.

(a) Any vacancy on the commission occurring by 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 status making him or her ineligible to serve, or through death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. (b) Any person filling a vacant member or alternate member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill.

Cal. Food and Agricultural Code - FAC § 67054. Section 67054.

(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election. (b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados. (c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. A handler elected to the commission pursuant to this section shall be required to maintain their eligibility under this section during their entire term of office. (d) The public member and alternate member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and their alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission.

Cal. Food and Agricultural Code - FAC § 67055. Section 67055.

(a) Except as specified in subdivision (b), the term of office of all members and alternate members, except the ex officio member, shall be for two years from the date of their election or appointment and until their successors are qualified. (b) Of the first members of the commission from each district, one shall serve for one year, and the remaining member or members shall serve for two years, with the determination of the term of each member to be made by lot. Subsequent to the election of the first members from each district, the terms of the members shall continue to be staggered, as provided in this subdivision. (c) Terms of office of each member and alternate member shall be limited to four consecutive terms.

Cal. Food and Agricultural Code - FAC § 67056. Section 67056.

The commission shall have the power to sue and be sued and to contract and be contracted with. Copies of its proceedings, records, and acts, when certified by an officer, are admissible in evidence in all courts of the state, and are prima facie evidence of the truth of all statements therein.

Cal. Food and Agricultural Code - FAC § 67057. Section 67057.

The commission may appoint its own officers, including a chair, one or more vice chair, and other officers it deems necessary. The officers shall have the powers and duties as may be delegated to them by the commission.

Cal. Food and Agricultural Code - FAC § 67059. Section 67059.

Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission.

Cal. Food and Agricultural Code - FAC § 67060. Section 67060.

A member, alternate member, or member of a committee who is a nonmember of the commission shall not receive a salary, but may receive a sum of not to exceed one hundred dollars ($100) per day, as established 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 authorized assignment for the commission, together with the necessary traveling expenses and meal allowances, as approved by the commission.

Cal. Food and Agricultural Code - FAC § 67061. Section 67061.

All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited in such financial institutions as the commission may designate and shall be disbursed by order of the commission through a member, officer, or employee designated for that purpose. Any such person shall be bonded by a fidelity bond, executed by a surety company authorized to transact business as such in the State of California, in favor of the commission, conditioned upon the strict accounting of all funds of the commission in the penal sum of not less than five hundred thousand dollars ($500,000).

Cal. Food and Agricultural Code - FAC § 67062. Section 67062.

The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified in Chapter 9 (commencing with Section 44971) of Division 17, which is performed under an agreement that specifies that each of the parties shall be responsible and liable for that party’s decisions made pursuant to the agreement, and that each of the parties shall not be held liable by the other party for the decisions made pursuant to the agreement. Payment of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. A member of the commission or alternate member, or any employee or agent thereof, shall not be personally liable on the contracts of the commission nor shall a member, alternate member, or employee of the commission be responsible individually in any way to a producer or handler or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for their own individual acts of dishonesty or crime. A member or alternate member shall not be held responsible individually for any act or omission of any member of the commission. The liability of the members and alternate members shall be several and not joint, and a member or alternate member shall not be liable for the default of any other members or alternate members.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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