Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 17. >> Article 2.

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

"Pepper" means all types of fruit grown in California from the plant family Solanaceae, Genus Capsicum, including seed.

"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 Pepper Commission.

(a) The commission shall be composed of five districts. The boundaries of each district shall be established by a two-thirds vote of the full commission, that is concurred in by the secretary. District boundaries shall be established to reflect similar total production among the districts in order to ensure proper representation by producers. These boundaries need not coincide with county lines.
  (b) The boundaries of any district may be changed by a two-thirds vote of the full commission, that is concurred in by the secretary, when necessary to maintain similar total production among the districts and to ensure proper representation by producers.

(a) "Handler" means any person engaged in marketing of peppers which the person has produced, purchased, or acquired from a producer, or is marketing on behalf of a producer whether as owner, agent, employee, broker, or otherwise. "Handler" does not include any person who handles less than 100 tons of fresh peppers, or the equivalent in dehydrated peppers or pepper seed, in a marketing year.
  (b) "Handle" means to engage in the business of a handler.
  (c) The tonnage threshold specified in subdivision (a) may be increased by a two-thirds vote of the commission.
  (d) The tonnage threshold specified in subdivision (a) may be decreased only if approved by referendum pursuant to Sections 77311 to 77316, inclusive. For purposes of a referendum conducted pursuant to this subdivision, the terms "producer" and "handler" in Section 77311 to 77316, inclusive, includes persons who would become subject to this chapter if the referendum is approved.

"Market" or "marketing" means to sell peppers.

"Production research" means any cultural and biological research relating to field production of peppers.

"Marketing year" or "fiscal year" means the period beginning March 1 of any year and extending through the last day of February of the next year.

(a) "Producer" means any person in this state who grows peppers for market and who, upon request, provides proof of commodity sale. "Producer" does not include any person who grows less than 10 acres of peppers, or produces less than 100 tons of fresh peppers, or the equivalent in dry peppers or pepper seed, in the current marketing year.
  (b) The acreage and tonnage thresholds specified in subdivision (a) may be decreased only if approved by referendum pursuant to Section 77311 to 77316, inclusive. For purposes of a referendum conducted pursuant to this subdivision, the terms "producer" and "handler" in Sections 77311 to 77316, inclusive, include persons who would become subject to this chapter if the referendum is approved.

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