Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 5. >> Article 2.

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

"Avocado" means any variety of avocado produced in the state, including any avocado delivered to a processor for processing into any avocado product.

"Books and records" mean 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.

"Commission" means the California Avocado Commission.

(a) (1) "Handler" means any person who engages, in this state, in the operation of selling, marketing, or distributing avocados which he or she has produced or 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.
  (2) "Handler" also includes any person engaged as a processor in the business of processing avocados.
  (b) When the handler is a corporation or a limited liability company, all of the directors, officers, managers, and members of the corporation or limited liability company in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments to which a corporate handler or a handler that is a limited liability company may be subject pursuant to this chapter shall include identical liability upon each individual director, officer, manager, or member of the corporation or limited liability company.
  (c) (1) "Handler" does not include a cooperative bargaining association that recommends that its members market their avocados through specified handlers and which otherwise is not involved in the sale of avocados.
  (2) "Handler" also does not include a retailer, except for a retailer who purchases or acquires from any producer, or handles on behalf of any producer, avocados which were not previously subjected to regulation by the commission.

"Handle" means to engage in the business of a handler.

"Marketing research" means any research relating to the sale or inventory of avocados.

"Marketing season" or "fiscal year" means the period beginning November 1 of any year and extending through the last day of October of the following year.

"Person" means an individual, partnership, corporation, limited liability company, or other business entity.

"Processor" means any person engaged, within this state, in any of the activities with respect to avocados as set forth in Section 58619.

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

"Producer" or "grower" means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market.

"Production research" means any research related to the production of avocados other than marketing research.

"Secretary" means the Secretary of the Department of Food and Agriculture.