Amended in Senate June 13, 2016

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, begin insert 67053, 67054, end insert 67059, 67081, and begin delete 67132 of end delete begin insert 67132 of, and to repeal Section 67051.1 of, end insert the Food and begin delete Agriculture end delete begin insert Agricultural end insert Code, relating to avocados.

LEGISLATIVE COUNSEL’S DIGEST

AB 1976, as amended, 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. begin insert Existing law requires a vacancy of a member position on the commission to be filled by the alternate member. Existing law authorizes certain handlers who handle a specified percentage of volume of avocados to appoint one handler member to the commission and the other handlers to nominate and elect the remaining handler members. end insert

This bill would begin insert instead require a vacancy of a member position be filled by a majority vote of the commission. The bill would end insert decrease the number of handlers on the commission to 2 members and the number of alternate handler members to one member. begin insert The bill would remove the authorization for the specified handlers to appoint a handler member. end insert

begin insert

Existing law requires producer members and alternate producer members, at the time of the election, to have a financial interest in producing, or causing to be produced, avocados for market within the district in which the producer stands for election. Existing law prohibits a producer who chooses to stand for election in a particular district from standing for election in any other district for a period of 4 years from the date of his or her most recent election to the commission.

end insert begin insert

This bill would delete this prohibition on the producer.

end insert

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) 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 67051.1 of the end insert begin insert Food and Agricultural Code end insert begin insert is
repealed. end insert

begin delete

67051.1.  

Notwithstanding Section 67051, any handler that
handles 30 percent or more of the volume of avocados in the
preceding marketing season, as annually determined by the
secretary, may appoint one handler member to the commission.
All other handlers shall nominate and elect the remaining handler
members pursuant to this chapter. Any handler appointed to the
commission pursuant to this section shall maintain his or her
eligibility under this section during the entire term of office. Any
vacancy caused by the ineligibility of the handler shall be filled
in accordance with Section 67053.

end delete

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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

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.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 67053 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

67053.  

(a) Any vacancy begin delete of a member position end delete on the
commission occurring begin delete for any reason including end delete begin insert by end insert the failure of
any begin insert person elected to the commission as a member or alternate end insert
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 begin delete the alternate member for that position. end delete

begin delete (b) Any vacancy of an alternate member position on the
commission occurring for any reason, including the alternate’s
move to the member position or the failure of any 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 end delete begin insert a end insert majority vote of the commission.

begin delete

(c)

end delete

begin insert (b) end insert  Any person filling a vacant member or alternate member
position shall begin delete fulfill end delete begin insert meet end insert all the qualifications set forth in this
article as required for the member begin delete or alternate member. end delete begin insert whose
office he or she is to fill. end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 67054 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

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.

begin delete

(c) A producer who chooses to stand for election in a particular
district shall not stand for election in any other district for a period
of four years from the date of his or her most recent election to the
commission. However, this subdivision does not apply in an
election to fill vacancies created by the reapportionment of districts
pursuant to Section 67042.

end delete begin delete

(d)

end delete

begin insert (c) end insert  Handler members and the alternate handler members shall
have a financial interest in handling avocados for markets.

begin delete

(e)

end delete

begin insert (d) end insert  The public member shall not have any financial interest in
the avocado industry. Except for the nomination of another public
member, the public member and his or her alternate member on
the commission shall have all the powers, rights, and privileges
of any other member on the commission.

begin delete SEC. 4. end delete

begin insert SEC. 7. end insert   

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

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.

begin delete SEC. 5. end delete

begin insert SEC. 8. end insert   

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,
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 60 days following
receipt of the written request.

(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.

begin delete SEC. 6. end delete

begin insert SEC. 9. end insert   

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

67132.  

Upon the finding of nine voting members of the
commission if the commission consists of three or four districts,
or of 10 voting members of the commission if the commission
consists of 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.