Article 2 - Definitions

California Food and Agricultural Code — §§ 67021-67040.5

Sections (15)

Added by Stats. 1977, Ch. 569.

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

Added by Stats. 1977, Ch. 569.

“Avocado” means any variety of avocado produced in the state, including any avocado delivered to a processor for processing into any avocado product.

Amended by Stats. 1979, Ch. 373.

“Books and records” mean 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.

Added by Stats. 1977, Ch. 569.

“Commission” means the California Avocado Commission.

Added by Stats. 2025, Ch. 188, Sec. 5. (AB 1322) Effective January 1, 2026.

“Ex officio members” means nonvoting members of the commission.

Amended by Stats. 2002, Ch. 946, Sec. 9. Effective January 1, 2003.

(a)(1) “Handler” means any person who engages, in this state, in the operation of selling, marketing, or distributing avocados which he or she has produced or 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.
(2)“Handler” also includes any person engaged as a processor in the business of processing avocados.
(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)(1) “Handler” does not include a cooperative bargaining association that recommends that its members market their avocados through specified handlers and which otherwise is not involved in the sale of avocados.
(2)“Handler” also does not include a retailer, except for a retailer who purchases or acquires from any producer, or handles on behalf of any producer, avocados which were not previously subjected to regulation by the commission.

Amended by Stats. 2002, Ch. 946, Sec. 10. Effective January 1, 2003.

“Handle” means to engage in the business of a handler.

Amended by Stats. 1983, Ch. 1279, Sec. 4.

“Marketing research” means any research relating to the sale or inventory of avocados.

Added by Stats. 1977, Ch. 569.

“Marketing season” or “fiscal year” means the period beginning November 1 of any year and extending through the last day of October of the following year.

Amended by Stats. 2002, Ch. 946, Sec. 16. Effective January 1, 2003.

“Person” means an individual, partnership, corporation, limited liability company, or other business entity.

Added by Stats. 1977, Ch. 569.

“Processor” means any person engaged, within this state, in any of the activities with respect to avocados as set forth in Section 58619.

Added by Stats. 1977, Ch. 569.

“Process” means to engage in the business of a processor.

Amended by Stats. 2016, Ch. 451, Sec. 4. (AB 1976) Effective January 1, 2017.

“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years.

Added by Stats. 1977, Ch. 569.

“Production research” means any research related to the production of avocados other than marketing research.

Added by Stats. 2002, Ch. 946, Sec. 18. Effective January 1, 2003.

“Secretary” means the Secretary of the Department of Food and Agriculture.