California Legislature—2015–16 Regular Session

Assembly Bill No. 1976

Introduced by Assembly Member Irwin

February 16, 2016

An act to amend Sections 67051, 67052, 67052.3, 67059, 67081, and 67132 of the Food and Agriculture Code, relating to avocados.

LEGISLATIVE COUNSEL’S DIGEST

AB 1976, as introduced, Irwin. California Avocado Commission.

Existing law establishes the California Avocado Commission within the state government, and requires the commission to establish no fewer than 3 districts and no more than 5 districts within the state, each representing approximately the same percentage of avocado production in California. Existing law requires the commission to consist of a specified number of producers who are not handlers, based on the number of districts the commission establishes, 4 handlers who are elected on a statewide basis, one public member, and the Secretary of Food and Agriculture, and requires there to be 2 alternate handler members.

This bill would decrease the number of handlers on the commission to 2 members and the number of alternate handler members to one member.

Existing law provides that a quorum of the commission is 11 voting members if the commission consists of 3 or 5 districts, and is 10 voting members if the commission consists of 4 districts. Existing law authorizes the commission to recommend to the secretary that the operations of the commission be suspended upon a specified finding of 11 voting members if the commission consists of 3 or 5 districts, or 10 voting members if the commission consists of 4 districts.

This bill would instead provide that a quorum of the commission is 9 voting members if the commission consists of 3 or 4 districts, and is 10 voting members if the commission consists of 5 districts. The bill would make a similar change to the authorization of the commission to recommend suspension.

Existing law requires the secretary to establish a list of producers in each district and, in establishing the lists, requires handlers to file, within 90 days following receipt of a written request by the secretary, certain information about each producer from whom the handler purchased or handled avocados.

This bill would require handlers to file the information, including the grove location of each producer instead of district numbers, within 60 days.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 67051 of the Food and Agricultural Code
is amended to read:

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)  begin delete Four end delete begin insert Two end insert 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.

SEC. 2.  

Section 67052 of the Food and Agricultural Code is
amended to read:

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, sit in place of the begin insert absent end insert
producer member on the commission and shall have, and be able
to exercise, all the rights, privileges, and powers of the producer
member when sitting on the commission.

SEC. 3.  

Section 67052.3 of the Food and Agricultural Code is
amended to read:

67052.3.  

(a) There shall be begin delete two end delete begin insert one end insert alternate handler begin delete members end delete
begin insert member end insert to be elected in the same manner as the handler members.

begin delete

(b) Each alternate handler member shall be assigned to serve
as the alternate to two handler members in accordance with
commission election procedures.

end delete begin delete

(c) An

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert alternate handler member shall, in the absence of begin delete an
assigned end delete begin insert a end insert 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.

SEC. 4.  

Section 67059 of the Food and Agricultural Code is
amended to read:

67059.  

Unless otherwise specified, a quorum of the commission
shall be any begin delete 11 end delete begin insert nine end insert voting members if the commission consists
of three or begin delete five end delete begin insert four end insert districts and any 10 voting members if the
commission consists of begin delete four end delete begin insert five end insert 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.

SEC. 5.  

Section 67081 of the Food and Agricultural Code is
amended to read:

67081.  

begin insert (a) end insert begin insert   end insert The secretary shall establish a list of producers in
each district. In establishing the lists, the secretary shall require
that handlers in the state submit the names, mailing addresses,
begin delete district numbers end delete begin insert grove location end insert , and handled volume of each
producer from whom they purchased or handled avocados in the
preceding marketing season. The request for information from
handlers shall be in writing and shall be filed by the handlers within
begin delete 90 end delete begin insert 60 end insert days following receipt of the written request.

begin delete

Any

end delete

begin insert (b) end insert begin insert   end insert begin insert Any end insert producer of avocados whose name does not appear upon
the secretary’s list of producers may have his or her name
established on the list by filing with the commission a signed
statement, identifying himself or herself as a producer. Failure to
be on the list does not exempt the producer from paying
assessments under this chapter.

SEC. 6.  

Section 67132 of the Food and Agricultural Code is
amended to read:

67132.  

Upon the finding of begin delete 11 end delete begin insert nine end insert voting members of the
commission if the commission consists of three or begin delete five end delete begin insert four end insert
districts, or of 10 voting members of the commission if the
commission consists of begin delete four end delete begin insert five end insert districts, that this chapter has not
tended to effectuate its declared purposes, the commission may
recommend to the secretary that the operations of the commission
shall be suspended, provided that the suspension shall not become
effective until the expiration of the current marketing season. The
secretary shall, upon receipt of the recommendation, or upon a
petition filed with him or her requesting the suspension, signed by
15 percent of the producers by number who produced not less than
15 percent of the volume in the immediately preceding year, cause
a referendum to be conducted among the listed producers to
determine if the operation of this chapter and the operations of the
commission shall be suspended, and shall establish a referendum
period, which shall not be less than 10 days nor more than 60 days
in duration. The secretary is authorized to prescribe any additional
procedure necessary to conduct the referendum. At the close of
the established referendum period, the secretary shall tabulate the
ballots filed during the period. If at least 40 percent of the total
number of producers, on a list established by the secretary
marketing 40 percent of the total volume marketed by all producers
during the last completed marketing season, participate in the
referendum, the secretary shall suspend this chapter upon the
expiration of the current marketing season, if he or she finds either
one of the following:

(a) Sixty-five percent or more of the producers who voted in
the referendum voted in favor of the suspension, and the producers
so voting marketed 51 percent or more of the total quantity of
avocados marketed in the preceding marketing season by all of
the producers who voted in the referendum.

(b) Fifty-one percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so
voting marketed 65 percent or more of the total quantity of
avocados marketed in the preceding season by all of the producers
who voted in the referendum.