Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 13. >> Article 2.

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

"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter.

"Commission" means the California Egg Commission.

"Commissioner" means any member of the commission.

"Director" means the Director of Food and Agriculture.

"Districts" mean the following:
  (a) District 1 (Southern California) consists of the Counties of San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, Ventura, Santa Barbara, Kern, and San Luis Obispo.
  (b) District 2 (Northern California) consists of all counties not included in District 1. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the director, to ensure proper representation by handlers. The boundaries need not coincide with county lines.

"Eggs" means eggs from domesticated chickens handled in California for human consumption in shell egg form, except those eggs used for hatchery purposes.

(a) "Egg products" means eggs that are not sold or used for consumption in shell egg form and that have been processed into a nonshell form.
  (b) For purposes of this section, "processed" means cut, diced, sliced, peeled, seasoned, salted, sugared, preserved, frozen, dried, liquified, strained, pasteurized, separated into yolks and whites (whether or not in natural proportions), or blended or mixed with not more than 25 percent nonegg substances or ingredients.
  (c) Food products that contain less than 75 percent egg substances, or that historically have not been considered egg products, shall not be considered an "egg product" for purposes of this section.

"Ex officio member" means a nonvoting member of the commission.

"Handle" means to engage in the business of a handler.

(a) "Handler" means the first person who sorts, grades, candles, or packages eggs, or who processes eggs into egg products, or who markets eggs or egg products in California that he or she has produced, purchased, or acquired from another person, or that he or she is marketing on behalf of another person, whether as owner, agent, employee, broker, or otherwise. When the handler 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 collect or make payment of assessments for which a corporate handler may be subject pursuant to this chapter shall include identical liability upon each individual director or officer of the corporation. "Handler" does not include a retailer, except a retailer who purchases or acquires eggs or egg products from any producer, handler, or broker that were not previously subject to assessment by the commission.
  (b) For purposes of this chapter, any handler that owns, controls, or is affiliated with any other person engaged in the handling of eggs in any marketing year shall be considered to be the handler of all eggs handled by that person. "Affiliate" or "affiliated with" means a person who directly or indirectly through one or more intermediaries, controls, is controlled by, or is under the common direction and control of another person. "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of any person.
  (c) All references to "handler" in this chapter, except for Article 3 (commencing with Section 75051), Article 5 (commencing with Section 75111), subdivision (a) of Section 75132, and Article 8 (commencing with Section 75171), but not including Sections 75175 and 75176, includes California handlers and out-of-state handlers, unless otherwise specified.

"Out-of-state handler" means any person located in another state who handles eggs or egg products, as specified in Section 75030, in California.

"Market" or "marketing" means to sell or otherwise cause to be distributed eggs or egg products into commercial channels of trade resulting in the sale of eggs or egg products in California.

"Marketing research" means any research relating to the sale of eggs or egg products.

"Marketing season" or "fiscal year" means the period beginning January 1 of each year and extending through December 31 of the same year. However, the 1984-85 marketing season shall commence within 30 days after the election of the first commission members as provided in Article 5 (commencing with Section 75111).

"Person" means an individual, sole proprietorship, partnership, corporation, cooperative, limited liability company, firm, or other business entity.

"Producer" means any person who is engaged in the business of producing, or causing to be produced, eggs or egg products for market.

"Secondary handler" means any person who purchases from a handler, eggs or egg products that were previously subject to assessment under this chapter.