Article 1. Declaration And General Provisions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 12.5. >> Article 1.
The production and distribution of wine and wine-related
products constitute an important industry of this state which
provides substantial and necessary revenues for the state and
employment for its citizens. It also furnishes an important food
which benefits the public health and welfare.
The maintenance and expansion of the wine industry of
California and of its local, national, and foreign markets is
necessary to assure the consuming public of a continuous supply of
these products and the maintenance of needed levels of income for
those engaged in the wine industry in this state.
It is in the public interest that the public be made aware
of accurate and scientific information relating to the beneficial
qualities of wine and wine-related products.
The production and marketing of wine and wine-related
products produced in this state is hereby declared to be affected
with a public interest. This chapter is enacted in the exercise of
the police power of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state.
No action taken by the commission or by any individual in
accordance with this chapter or with the rules and regulations
adopted under the chapter is a violation of the so-called Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), the Fair Trade Act (Chapter
3 (commencing with Section 16900) of that Part 2), the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of that Part
2), or any statutory or common law against monopolies or
combinations in restraint of trade. Proof that any action complained
of was done in compliance with this chapter shall be a complete
defense to the action or proceeding.
This chapter shall be liberally construed. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, that invalidity shall not affect other
provisions or applications of this chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.
It is hereby declared as a matter of legislative
determination that members of the commission are intended to
represent and further the interest of a particular agricultural
industry, and that this representation and furtherance is intended to
serve the public interest. Accordingly, the Legislature finds that
with respect to persons who serve on the commission, the particular
agricultural industry is tantamount to, and constitutes the public
generally within the meaning of Section 87103 of the Government Code.
A commission form of administration created by this chapter
is designed to deal with the broad fields of market development,
marketing research, and production and processing research.