Article 2. Definitions And General Provisions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 4. >> Article 2.

As used in this chapter, the following words have the following meaning set forth hereafter unless otherwise apparent from the context.

"Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the free flow of iceberg lettuce to market and may include the presentation of facts to, and negotiations with, state, federal, or foreign governmental agencies on matters which affect the marketing of such lettuce.

"Books and records" means any book, record, account, contract, document, memorandum, paper, correspondence, or other written datum reflecting operations under this chapter.

"Cartwright Act" means the act set forth in Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code.

"Cause to be produced" means the proprietary functions of initiating and supervising iceberg lettuce production.

"Commission" means the California Iceberg Lettuce Commission.

"Commissioner" means any member of the commission.

"Districts" consist of: District 1. (Blythe area) Riverside and San Bernardino Counties. District 2. (Imperial Valley area) Imperial County. District 3. (Oxnard-Santa Maria area) Los Angeles, Orange, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. District 4. (Salinas-Watsonville area) Monterey, San Benito, Santa Cruz, Santa Clara, San Mateo, San Francisco, Marin, Sonoma, Mendocino, Humboldt, Alameda, and Del Norte Counties. District 5. (San Joaquin-Sacramento Valley area) Sacramento, Kern, Fresno, San Joaquin, Stanislaus, Tulare, King, Merced, Madera, Contra Costa, Yolo, Solano, Napa, Colusa, Sutter, Yuba, Glenn, Butte Counties, and all other counties of California not included in Districts 1, 2, 3, and 4. The number of districts and the boundaries of any district may be changed by a two-thirds vote of the commission when necessary to maintain similar total production among the districts and to ensure proper representation of producers. District boundaries are not required to coincide with county boundaries.

"Director" means the Director of Food and Agriculture.

"Fiscal year," means the period beginning April 1 of any year and extending through March 31 of the following year.

"Grower" means any person engaged within this state in the business of producing or causing to be produced iceberg lettuce.

"Grower-handler" means any person who is engaged within the state in the business of producing or causing to be produced, through contractual agreements or other legal relationships and having an ownership therein, iceberg lettuce, and who in addition thereto prepares for market and markets, either through its own sales force or by agents or contract sellers, 250,000 pounds or more of such lettuce during a marketing season and who is not a secondary handler, as defined in Section 66542.5. Any producer who for his own account engages the services of another person to prepare for market and markets 250,000 pounds or more of his own production during a marketing season, shall be deemed the handler thereof. In determining whether the grower-handler has marketed 250,000 pounds or more of lettuce during a marketing season, there shall be excluded from such computations all shipments of 200 pounds or less of iceberg lettuce sold or shipped by a handler directly to the consumer.

"Grower-shipper" has the same meaning as grower-handler.

"Handle" means to perform any of the functions of a handler.

"Handler," unless otherwise specified, has the same meaning as grower-handler as defined in Section 66532 and secondary handler as defined in Section 66542.5. "Handler" also means any person who engages in the marketing of iceberg lettuce on behalf of a grower, whether as an owner, agent, employee, broker, or commission merchant or otherwise.

"Iceberg lettuce" for purposes of this chapter means varieties of lettuce produced in California of the types which are distinguished as "crisphead" in that certain publication entitled "Lettuce Production in the United States, Agricultural Handbook No. 221," August 1974 revision, issued by the Agricultural Research Service of the United States Department of Agriculture. The term does not include the types of lettuce otherwise distinguished in such publication by the terms "butterhead," "cos or romaine" and "looseleaf."

"Market" or "marketing" means to sell, ship, or otherwise distribute iceberg lettuce in the commercial channels of trade in a manner consistent with this chapter.

"Marketing season" has the same meaning as fiscal year.

"Prepare for market" means to perform all functions of harvesting and preparing iceberg lettuce for market or marketing.

"Person" means any individual, firm, corporation, association, or other business unit, and shall include, for purposes of this chapter, any state agency which engages in any of the commercial activities regulated pursuant to the provisions of this chapter.

"Producer" has the same meaning as grower.

"Public representative" means a member of the commission appointed to represent the public generally pursuant to subdivision (c) of Section 66564.

"Secondary handler" means any person who purchases from a grower or grower-handler iceberg lettuce for the purpose of coring, shredding, or processing such iceberg lettuce for market and who markets such processed iceberg lettuce during a marketing season.

"Standard box" means standard containers for iceberg lettuce as such containers are defined in the California Administrative Code.

"Standard carton" has the same meaning as standard box.

"Standard container" has the same meaning as standard box.

"Unfair Practices Act" means the act set forth in Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code.