Section 75030 Of Article 2. Definitions From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 13. >> Article 2.
75030
. (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.