Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 7. >> Article 2.

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

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

"Books and records" means 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 Pistachio Commission.

"Commissioner" means any member of the commission.

"Distribute" means to engage in the business of a distributor.

"Secretary" means the Secretary of Food and Agriculture.

"Districts" shall consist of the following:
  (a) District 1 consists of Tulare, Kern, San Bernardino, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Diego, and Imperial Counties.
  (b) District 2 consists of Kings, Fresno, Madera, and Merced Counties.
  (c) District 3 consists of all counties where pistachios are produced that are not included in Districts 1 and 2. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary, to ensure proper representation by producers. The boundaries need not coincide with county lines.

"Ex officio member" shall be a nonvoting member of the commission.

"Processor" and "first handler" are synonymous and mean any person engaged, within this state, in the operation of hulling and drying pistachios that he or she has produced or purchased or acquired from a producer, or that he or she is hulling and drying on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. "Processor" does not include, however, a retailer, except a retailer who purchases or acquires from, or hulls and dries on behalf of, any producer, pistachios that were not previously subject to regulation by the commission. When the processor is a corporation, all the directors and officers of the corporation in their capacity as individuals are included, and any liability for failure to collect or make payment of assessments to which a corporate processor may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation.

"Marketing research" means any research relating to the sale of pistachios.

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

"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 for market, pistachios, and who, upon request, provides proof of commodity sale.

"Production research" means any research relating to the production of pistachios.

"Producer-supplier" means any producer who engages in the operation of selling, marketing, or distributing pistachios that he or she has produced, or has purchased or acquired from a processor. It does not, however, include a retailer, except a retailer who purchases or acquires from, or sells, markets, or distributes on behalf of any producer, pistachios that were not previously subject to regulation by the commission. When the producer-supplier is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to submit records pursuant to a requirement to which a corporate producer-supplier may be subject pursuant to this chapter shall include identical liability upon each individual director and officer of the corporation.

When the secretary is required to concur in a decision of the commission, the secretary shall indicate his or her response to the commission within 15 working days from notification of that decision. The response may be a request that additional information be provided.