Delano Farms Co. v. Cal. Table Grape Com.

BACKGROUND

1. The Table Grape Commission. The Commission was created by legislation known as the Ketchum Act in 1967. (Food & Agr. Code,1 § 65500 et seq.; United Farm Workers of America v. Agricultural

All further statutory references are to the Food and Agricultural Code unless otherwise noted.

2. Labor Relations Bd. (1995) 41 Cal.App.4th 303, 312.) The Legislature explained that “[g]rapes produced in California for fresh human consumption comprise one of the major agricultural crops of California, and the production and marketing of such grapes affects the economy, welfare, standard of living and health of a large number of citizens residing in this state.” (§ 65500, subd. (a).) Noting that individual producers are unable to maintain or expand present markets or develop new markets resulting in “an unreasonable and unnecessary economic waste of the agricultural wealth of this state,” the Ketchum Act declared it was the policy of the state to aid producers of California fresh grapes. (§ 65500, subds. (c) & (g).) To carry out this policy, the Commission supports the fresh grape industry through advertising, marketing, education, research, and government relations…