Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 26. >> Article 2.

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

"Advertising and promotion" mean, in addition to their ordinarily accepted meaning, any plan directed toward increasing the sale of blueberries in domestic or foreign markets and trade promotion and activities for the prevention, modification, or removal of trade barriers that affect the marketing of blueberries.

"Blueberries" mean all blueberries produced in California for commercial purposes.

"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 Blueberry Commission.

(a) "Districts" consist of the following:
  (1) District 1 consists of all counties in the state along the coastline, including San Diego.
  (2) District 2 consists of the counties in the state that do not border the coastline and lie north of a line drawn on the north boundaries of the Counties of Fresno, Inyo, and San Benito.
  (3) District 3 consists of all counties in the state that do not border the coastline and lie south of the boundary line set forth in paragraph (2).
  (b) The boundaries of any district may be changed and districts may be added or eliminated by a two-thirds vote of the commission, which is concurred in by the secretary, so long as proper notice is provided to all persons subject to this chapter prior to the action. The boundaries need not coincide with county lines.

"Ex officio members" are nonvoting members of the commission.

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

(a) "Handler" means any person who engages, in this state, in the operation of selling, marketing, or distributing blueberries that he or she has produced or purchased or acquired from a producer, or that he or she is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise.
  (b) When the handler is a corporation or a limited liability company, all of the directors, officers, managers, and members of the corporation or limited liability company in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments to which a corporate handler or a handler that is a limited liability company may be subject pursuant to this chapter shall include identical liability upon each individual director, officer, manager, or member of the corporation or limited liability company.
  (c) "Handler" does not include a retailer, except for a retailer who purchases or acquires from any producer, or handles on behalf of any producer, blueberries that were not previously subjected to regulation by the commission.

"Market" or "marketing" means to sell or otherwise distribute blueberries into commercial channels or trade resulting in the sale of blueberries.

"Marketing research" means any research relating to the sale of blueberries.

"Marketing season" or "fiscal year" are synonymous terms and mean the period beginning March 1, 2010, to September 30, 2011, and, thereafter, October 1 of any year and extending through September 30 of the following year.

"Producer" and "grower" are synonymous terms and mean any person who produces or causes to be produced on land totaling more than five acres of blueberries for market and who shall, upon request of the commission, provide proof of commodity sale.

"Production research" means any research relating to the production, harvest, and postharvest handling of blueberries.

"Secretary" means the Secretary of Food and Agriculture.