Delano Farms Company v. California Table Grape Commiss

BACKGROUND

A. The Table Grape Commission

The Commission was established in 1967 by an act of the California Legislature (the “Ketchum Act”), Cal. Food & Agric. Code §§ 65500 et seq. The Legislature recognized that “[g]rapes produced in California for fresh human consump- tion comprise one of the major agricultural crops of Califor- nia, 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. Noting that the “inability of individual producers to maintain or expand present markets or to develop new or larger markets for such grapes results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state,” the Ketchum Act created the Commission to support the table grape indus- 1 “ ‘Fresh grapes’ also designated ‘table grapes’ means any and all varie- ties of grapes produced in the State of California shipped for fresh human consumption, but does not include grapes delivered to a processor for pro- cessing or grapes processed by a processor or grapes delivered to a winery for winemaking or grapes produced for use in the making of wine.”…