Section 63124 Of Article 2. Marketing Orders From California Food And Agricultural Code >> Division 21. >> Part 3. >> Chapter 6. >> Article 2.
63124
. (a) The following are exempt from this chapter:
(1) An integrated producer-processor. This exemption does not
apply to the acquisition of strawberries for processing from any
person who is not involved in a proprietary manner in the integrated
producer-processor operation and who is not compensated for
strawberries delivered through a proportionate share of the profits
of the business entity.
(2) A processor registered in the state as a bona fide nonprofit
cooperative when it acquires strawberries from members of the
cooperative. This exemption does not apply to the acquisition of
strawberries for processing from any person who is not a member of
the cooperative.
(3) A contract with a fixed purchase price for the purchase of
processing strawberries by a processor from a producer which is
entered into and filed with the advisory board on or before the
effective date of any seasonal marketing regulation for price filing
and posting adopted pursuant to this chapter.
(4) Any contract for the purchase of strawberries for processing
by a processor from a producer entered into prior to January 1, 1985,
and filed prior to the effective date of any seasonal marketing
regulation for price filing and posting adopted pursuant to this
chapter.
(5) A contract that makes a reference to a processor's posted
price for the purchase of processing strawberries by the processor
from a producer which does not contain an additional purchase price,
as defined by the director by regulation pursuant to Section 63123.
(b) Notwithstanding any other provision of this chapter, any
contract which is exempt from this chapter pursuant to subdivision
(a) shall be filed with the advisory board in the manner prescribed
by the director pursuant to Section 63123.
(c) Information obtained by the advisory board pursuant to this
chapter shall be maintained in confidence. However, the advisory
board may disclose, upon request, whether a particular producer's
processing strawberries are covered by an exempt contract or other
arrangement.