CCLME.ORG - CALIFORNIA SEAFOOD MARKETING RESEARCH AND DEVELOPMENT ACT FAC Ch. 23 (commencing with FAC 78401) Div. 22 Part 5
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State
California
FAC Sec 78401-78415

FOOD AND AGRICULTURAL CODE
SECTION 78401-78415





78401. This chapter shall be known and may be cited as the
"California Seafood Marketing, Research, and Development Act."



78402. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.



78403. "Council" means the California Seafood Council.



78404. "Exporter" means any person who is engaged, or who works for
a person who is engaged, in the export to a foreign nation or
nations of seafood landed in California.



78405. "Fiscal year" means from April 1 of a year to March 31,
inclusive, of the next succeeding year.



78406. "Fisherman" means any person licensed to commercially
harvest fish or shellfish pursuant to Sections 7850 to 7852,
inclusive, of the Fish and Game Code who lands any species of fish or
shellfish for commercial purposes included in, and not excepted
from, a fishery, as defined in Section 78407, or who is the
registered owner or lessee of a vessel that is used to land any
species of fish or shellfish included in, and not excepted from, a
fishery, as defined in Section 78407, if the registered owner or
lessee has a financial interest in the fish or shellfish and pays or
has assessments paid on his or her behalf.



78407. "Fishery" means:
(a) Each species or group of fish or shellfish harvested in ocean
waters landed in California that are treated as a unit for purposes
of research, development, promotion, or marketing, except abalone,
anchovy, dungeness crab, herring and herring roe, pink shrimp,
salmon, sea urchins, all fish or shellfish collected for scientific
experiment or aquaria, all fish classified as groundfish taken by use
of trawl nets, and all tuna landed for canning in this state or for
transshipment for canning in other states or nations.
(b) Any economic activity involving the harvesting, receiving,
processing, manufacturing, or distributing of fish or shellfish
described in, and not excepted by, subdivision (a) and products
therefrom.
(c) Each species or group of fish or shellfish excepted by
subdivision (a) or any other species of fish or shellfish landed in
California after the addition of the fishery for that species of fish
or shellfish pursuant to Section 78582.



78408. "Handler" means any of the following:
(a) A processor engaged in the California fishery.
(b) A receiver engaged in the California fishery.
(c) A wholesaler engaged in the California fishery.
(d) An exporter engaged in the California fishery.
(e) A person is licensed or who works for any person who is
licensed pursuant to subdivision (a) of Section 8032 of the Fish and
Game Code and engaged in the California commercial fisheries.



78409. "Marketing association" means any commercial fishermen's
organization established on either a local, county, or statewide
level, incorporated in this state, to enable fishermen to
collectively negotiate and issue orders and agreements with receivers
for the purchase of their catches, or to otherwise engage in
activities permitted of agricultural cooperatives, and whose members
are involved in the California commercial fisheries.



78410. "Person" has the same meaning as that term is defined by
Section 38.


78411. "Processor" means any person who is licensed or who works
for any person who is licensed pursuant to Section 8034 of the Fish
and Game Code and engaged in the California commercial fisheries.



78412. "Receiver" means any person who is licensed or who works for
a person who is licensed pursuant to Section 8033 of the Fish and
Game Code and engaged in the California commercial fisheries.



78413. "Wholesaler" means any person who is licensed or who works
for a person who is licensed pursuant to Section 8035 of the Fish and
Game Code and engaged in the California commercial fisheries.



78414. "Ex-vessel price" means the price paid to fishermen for fish
or shellfish by receivers at the point of first sale.



78415. "Sponsor" means a person or company that is not a member of
the council but who supports and wishes to contribute to programs
established by the director on behalf of the council for a specified
voluntary contribution and benefit, as authorized by Section 78563.