§ 77226 Pepper Handler Definitions

(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. (Amended by Stats. 2004, Ch. 167, Sec. 2. Effective January 1, 2005.)