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

“Kiwifruit” means any variety of kiwifruit (“Kiwi,” “Chinese Gooseberry,” or species Actinidia deliciosa) produced in the state, including any kiwifruit delivered to a processor for processing into any kiwifruit product.

“Books and records” means 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.

“Commission” means the California Kiwifruit Commission.

“Commissioner” means any member of the commission.

“Distribute” means to engage in the business of a distributor.

“Distributor” means any person who engages in the operation of selling, marketing, or distributing kiwifruit which he has produced or purchased or acquired from a producer, or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. When the distributor is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability for failure to collect or make payment of assessments of which a corporate distributor may be subject pursuant to this chapter shall include identical liability upon each individual director or officer of the corporation. It does not, however, include a retailer, except a retailer who purchases or acquires from, or handles on behalf of any producer, kiwifruit which was not previously subject to assessment by the commission.

“Secretary” means the Secretary of Food and Agriculture.

“Districts” shall consist of the following:

The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the secretary, when necessary to maintain similar total production among the districts, and to insure proper representation by producers. These boundaries need not coincide with county lines.

“Ex officio member” shall be a nonvoting member of the commission.

“Handle” means to engage in the business of a handler as defined in Section 68033.

“Handler” means any person engaged, within this state, as a distributor in the business of distributing kiwifruit or any person engaged as a processor in the business of processing kiwifruit and employees thereof so engaged.

“Independent handler” means a handler who primarily handles fruit for an independent producer or grower.

“Cooperative handler” means a handler who primarily handles fruit for a cooperative producer or grower.

“Marketing research” means any research relating to the sale of kiwifruit.

“Marketing season” or “fiscal year” means the period beginning October 1 of any year and extending through September 30 of the following year.

“Nonprofit cooperative association” or “cooperative” means any corporation which is organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20.

“Processor” means any person engaged, within this state, in the operation of canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other manner changing the form of kiwifruit for the purpose of preparing it for market and marketing the kiwifruit, or who is engaged in any activities which are performed for the purpose of marketing processed kiwifruit. When the processor is a corporation, all of the directors and officers of the corporation in their capacity as individuals are included, and any liability for failure to collect or make payment of assessments to which a corporate processor may be subject pursuant to this chapter includes the same liability for each individual director or officer of the corporation.

The term “processor” does not, however, include a person who is engaged in manufacturing from kiwifruit so changed in form another and different product.

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

“Producer” or “grower,” means any person who is engaged, within this state, in the business of producing, or causing to be produced for market, kiwifruit, who shall, upon request, provide proof of commodity sale and proof of assessment payment during the preceding marketing season, or provide adequate proof, as determined by the commission, of actual or anticipated commodity sale and assessment payment during the existing marketing season.

“Production research” means any research related to the production, harvest, and post harvest handling of kiwifruit, other than marketing research.

“Sale” means the point at which the producer transfers title to the kiwifruit in exchange for financial compensation or other valuable consideration. A sale may occur even though the kiwifruit purchased is not placed in normal marketing channels.

“Tray” means a receptacle used in the packaging or handling of kiwifruit.