Section 73254 Of Article 6. Assessments And Records From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 11. >> Article 6.
73254
. Any direct consumer communication purchases qualifies for
brand credit when determined by the commission to be in accordance
with the following criteria:
(a) As defined by the commission, direct consumer communication
purchases shall prominently display, or otherwise state, the words
"California Navel Oranges" in the advertisement. A cooperative
handler or independent handler who markets navel oranges from
California and Arizona and funds its brand advertising program
through funds collected from all producers, and who prominently
displays or otherwise states the words "California-Arizona Navel
Oranges" in the advertisement, is entitled to brand credit.
(b) Except for the County of Ventura, subdivision (a) does not
apply to outdoor media advertising located in counties with more than
1,000 acres of bearing navel oranges in commercial production. In
that county, an amount not to exceed 10 percent of a consumer
communications expenditure shall be entitled to brand credit.
(c) Direct consumer communications qualifies for brand credit when
depicting more than one variety or type of citrus fruit so long as
the credit is calculated on a prorated basis giving credit only for
that portion of the program which promotes navel oranges in
accordance with this section.
(d) To qualify for brand credit, the person or entity applying for
brand credit shall submit a plan indicating the general size and
scope of the activities for which brand credit will be claimed.
However, information regarding the timing and location of the
activities shall be considered confidential and need not be
submitted. Upon presentation of the plan, the commission shall
indicate within 30 days whether the program complies with this
chapter and is therefore entitled to brand credit as provided for in
this chapter. If all, or any portion, of a program does not comply,
as determined by the commission, the commission shall advise the
applicant for brand credit, in writing, the reasons for its decision.
Any such decision is appealable under Section 73302.
(e) Any producer or handler, on behalf of a producer member, who
requests brand credit shall furnish documents and records in support
of the request at a time and in a manner prescribed by the
commission.