Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 16.5. >> Article 2.

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

"Walnuts" means only walnuts of the English (Juglans regia) varieties grown in California.

"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter.

"Commission" means the California Walnut Commission.

"Handle" or "handling" means to market, pack, sell, consign, transport, or ship, except as a common or contract carrier of walnuts owned by another person, or in any other way place walnuts, inshell or shelled, into commerce either within the area of production or from the area of production to any other point outside thereof, or for a manufacturer or retailer within the area of production to purchase directly from a producer. "Handle" or "handling" does not include sales and deliveries within the area of production by producers to handlers, or between handlers.

(a) The districts consist of the following:
  (1) District 1 consists of the counties in the state that lie north of a line drawn on the south boundaries of the Counties of San Mateo, Alameda, San Joaquin, Calaveras, and Alpine.
  (2) District 2 consists of all other walnut producing counties in the state south of the boundary line set forth in paragraph (1).
  (b) The boundaries of any district may be changed by a two-thirds vote of the full commission, which is concurred in by the secretary, when necessary to maintain similar total production among the districts and to ensure proper representation by producers. These boundaries need not coincide with county lines.

"Handler" means any person who handles inshell or shelled walnuts.

"Pack" means to bleach, clean, grade, shell, or otherwise prepare walnuts for market as inshell or shelled walnuts.

"Marketing research" means any research relating to the marketing of walnuts in domestic or foreign markets.

"Marketing year" or "fiscal year" means the period from August 1 of any year to July 31, inclusive, of the next year. Beginning September 1, 2008, "marketing year" or "fiscal year" means the period from September 1 of any year to August 31, inclusive, of the next year.

"Person" means any individual, partnership, limited liability partnership, corporation, limited liability company, or other association or entity doing business in California.

"Producer" means any person in this state who grows walnuts for market and who, upon request, provides proof of commodity sale. "Producer" does not include any person who handles 2,000 pounds or less of walnuts during a market year.

"Ex officio member" means a nonvoting member of the commission.

"Advertising and sales promotion" means, in addition to its ordinarily accepted meaning, any plan directed toward increasing the sale of walnuts in domestic or foreign markets. No advertising or sales promotion plan shall make use of false or unwarranted claims on behalf of any product, or disparage the quality, value, sales, or use of any other commodity.