BILL NUMBER: AB 1976 INTRODUCED
BILL TEXT
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) Four 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.
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
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 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 two one
alternate handler members member to be
elected in the same manner as the handler members.
(b) Each alternate handler member shall be assigned to serve as
the alternate to two handler members in accordance with commission
election procedures.
(c) An
(b) The alternate handler member
shall, in the absence of an assigned 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.
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 11 nine voting members if
the commission consists of three or five four
districts and any 10 voting members if the commission consists
of four 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.
SEC. 5. Section 67081 of the Food and Agricultural Code is amended
to read:
67081. (a) 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, district numbers grove
location , 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 90 60
days following receipt of the written request.
Any
(b) Any 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 11 nine
voting members of the commission if the commission consists of three
or five four districts, or of 10 voting
members of the commission if the commission consists of four
five 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.