Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 14. >> Article 2.

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

"Cherry" means any variety of cherry produced in the state, including any cherries produced in this state and delivered to a processor for processing into any cherry 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 Cherry Commission.

"Commissioner" means any member of the commission.

"Grower-handler" means any person who engages in the operation of selling, marketing, or distributing cherries which he or she has produced. When the grower-handler 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 grower-handler may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation.

"Shipper" means any person who engages in the operation of selling, marketing, handling, or distributing cherries which he or she has purchased or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. When the shipper 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 shipper may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation. "Shipper" does not include a retailer, except a retailer who purchases or acquires from, or handles on behalf of any producer, cherries which were not previously subject to regulation by the commission.

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

"Processor" means every person and every plant within this state to whom or to which cherries are delivered for the purpose of drying, dehydrating, canning, pressing, brining, crushing, extracting, cooking, quick freezing, or for use in producing or manufacturing a product or manufactured article. 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 marketing of cherries.

"Marketing season" or "fiscal year" means the period beginning on April 1 of any year and extending through March 31 of the next 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 on land totaling more than one acre, either for fresh market or for processing, cherries of any variety, and who upon request, provides proof of commodity sale. For purposes of voting, "producer" or "grower" does not include a person who purchases a cherry crop on the tree, and the right to vote remains with the person selling the cherry crop on the tree to the purchaser.

"Production research" means any research related to the production, harvest, and postharvest handling of cherries, other than marketing research.