There is in the state government the California Table Grape Commission. The commission shall comprise three producers from each district appointed by the secretary from the nominees selected pursuant to this article and one public member appointed pursuant to Section 65575.1.

The California Table Grape Commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract and be contracted with, and to have and possess all of the powers of a corporation. It shall adopt a corporate seal. Copies of its proceedings, records and acts, when certified by the secretary and authenticated by the corporate seal, shall be admissable in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein.

The commission may employ a president, a treasurer, and a secretary. The compensation of each officer shall be fixed by the commission and they shall serve at the pleasure of the commission with powers and duties that may be delegated to them by the commission. An officer employed pursuant to this section shall not be a commissioner.

A commissioner shall be an individual producer, or a partner or employee of a producer, who is actively engaged in growing fresh grapes within this state for a period of at least five years and is producing grapes subject to this chapter at the time of the election. No more than two members shall be persons employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, association, or business entity, provided that not more than one member in any district shall be so employed or connected. A commissioner shall maintain these qualifications during their term of office in order to remain on the commission.

The regular terms of office of the commissioners shall be three years from the date of appointment by the secretary and until their successors are appointed.

Each commissioner for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh grapes in a district in the year preceding an election shall be entitled to one vote in the district.

The commission shall annually compile and maintain a list of eligible producers and certify the list to the secretary at least 30 days before the date set for a meeting to nominate commissioners to office. The list shall constitute the list of producers qualified to vote in the election of commissioners.

Upon establishment of the lists of producers, the secretary shall call meetings of producers in each district, for the purpose of nominating persons to be appointed to the office of commissioner. At each district meeting for the nomination of commissioners, the secretary or a representative authorized by the secretary shall preside, and receive nominations, and at the conclusion of the meeting shall announce the names of the persons nominated at the meetings and the time, the manner, and instructions for voting by mail. Thereafter, within 10 days after the meeting, the secretary shall mail to all producers ballots for the election of commissioners in the respective districts, with instructions for voting by mail. All votes shall be required to be delivered to the secretary or mailed for delivery within 10 days after issuance of ballots by the

secretary.

Upon expiration of the voting period, the secretary shall tabulate all votes and appoint a commissioner for each district. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection.

Nonreceipt of notice of a meeting for the nomination of commissioners or of ballots shall not invalidate any such meeting, nomination or election.

A person appointed to the office of commissioner by the secretary shall be selected pursuant to the nomination, election, and appointment procedures established by the commission in accordance with this chapter and approved by the secretary.

In the event the office of a commissioner becomes vacant due to failure to qualify, resignation, disqualification, death or for any other reason, such position shall be filled by an election held by the commission. Nominations shall be received by the commission from the remaining commissioners in the district where the vacancy exists. An election shall then be held by the commission and a majority vote shall elect a commissioner, subject to appointment by the director, to fill out the unexpired term for which such election is being held. Vacancies occurring within six months prior to a regular district election may remain vacant until the next regular election. Commission members elected at special elections shall serve the unexpired term of the office to which they are appointed.

A majority of the members of the commission at any meeting shall constitute a quorum for the transaction of all business and the carrying out of the duties of said commission. Unless otherwise fixed by the commission, the vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission.

A commissioner shall not receive a salary. A commissioner may receive necessary traveling expenses and meal allowances, as approved by the commission.

All moneys received by a person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid to the commission, shall be deposited into such banks as the commission may designate, and shall be disbursed by order of the commission.

The State of California shall not be liable for the acts of the commission or its contracts. Payment of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. No member of the commission or any employee or agent thereof shall be personally liable on the contracts of the commission nor shall a commissioner or employees of such commission be responsible individually in any way to any producer or shipper or any other person for errors in judgment, mistakes or other acts, either of commission or omission, as principal, agent or employee, except for their own individual acts of dishonesty or crime. No commissioner shall be held responsible individually for any act or omission of any other member of such commission. The liability of the commissioners shall be several and not joint, and no commissioner shall be liable for the default of any other commissioner.

The powers and duties of the commission shall include, but are not limited to, all of the following:

incidental to or in connection with effectuating, or deemed reasonably necessary, proper, or advisable to effectuate, the purposes of this chapter.

in the opinion of the commission, for the proper administration and enforcement of this chapter and the performance of its duties.

time to use the several varieties, and the healthful properties and dietetic value of fresh grapes.

conducting plans and programs, and other contracts or agreements as the commission may deem necessary for the promotion of the sale of fresh grapes.

employ or make contributions of funds to other persons or state or federal agencies conducting that research.

12-month period beginning on May 1 and ending on April 30.

percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission and that the producers voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum.

district in accordance with Section 6066 of the Government Code and mail a copy of the notice to all producers and shippers whose names and addresses may be on file with the commission. The operation of the commission shall become effective upon completion of publication and 15 days after the certification to the secretary.

The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its powers and duties under this chapter. Each member shall be an individual shipper, or a partner or employee of a shipper, who is actively engaged in shipping fresh grapes in this state for a period of at least five years. A member of the shipper advisory committee shall maintain these qualifications during their appointment to the committee in order to remain on the committee.

Members of the shipper advisory committee shall not receive a salary. Members of the shipper advisory committee may receive necessary traveling expenses and meal allowances, as approved by the commission.

The public member of the commission shall be appointed by the secretary from nominees recommended by the commission. If all nominees are unsatisfactory to the secretary, the commission shall continue to submit lists of nominees to the secretary until the secretary has made a selection.

The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the same voting and other rights and immunities as other members of the commission. The public member shall have no financial interest in the table grape industry.

It is hereby declared, as a matter of legislative determination, that producers or employees of producers appointed to the commission pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such commission, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.