Food and Agricultural Code — Part 25 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 25 of 48 · provisions 4,801–5,000

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 5764.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    If a fruit-fly eradication area has been proclaimed and host plants must be removed, the director may agree with the owner to remove and replace them with suitable nursery stock instead of treatment.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5764. If an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. Any expenditures for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance. (Enacted by Stats. 1967, Ch. 15.)
  2. 577.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

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    This section states legislative findings about pest research and says UC pest research programs should follow the center’s priorities when applicable.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 577. The Legislature finds and declares all of the following: (a) There is a need to develop and apply ecologically based pest management alternatives that are environmentally sound to prevent, control, and eradicate pests. (b) The continuation of pest control technology in agriculture which relies primarily on synthetic chemicals may be impractical, given the dwindling number of newly registered chemicals, increasing resistance of numerous pests to pesticides, public concern about pesticide residues, and potential threats posed to environmental quality and human health. (c) To be adequately prepared for existing and new infestations of agricultural pests, California needs to have a means of coordinating and evaluating long-term basic and applied pest research, including the impact of prevention, control, and eradication efforts upon public health and the environment. (d) The state should facilitate, promote, and support collaborative pest research programs and projects by its agencies, public and private universities, the federal government, and the agricultural industry that work toward developing environmentally sound, ecologically based pest management techniques. (e) In order to strengthen pest prevention, control, and eradication efforts, it is the intent of the Legislature that an administrative structure be created within the University of California which, in cooperation with California’s public and private universities, the state, the agricultural industry, and persons experienced with environmentally sound, ecologically based pest management alternatives, advances pest research and formulates innovative solutions that better safeguard the environment and public health. Toward these ends, the Legislature requests that the Regents of the University of California establish a pest research center which will review and prioritize pest-related research activities conducted through the university. It is the intent of the Legislature that University of California programs engaged in pest research shall, when applicable, follow the research priorities established by the center. The center is encouraged to develop research priorities in cooperation with other public and private universities and with state, federal, and county agencies, including, but not limited to, the Department of Food and Agriculture, State Department of Health Services, Department of Forestry and Fire Protection, county agricultural commissioners, United States Department of Agriculture, National Science Foundation, National Institutes of Health, and the agricultural industry, and with environmental and public and occupational health groups. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  3. 57700.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 14. Limitation on Nonconsensual Supplier Liens [57700- 57700.] ( Chapter 14 added by Stats. 1990, Ch. 1502, Sec. 3. )

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    No more than two liens filed under the referenced chapters are enforceable against one lien debtor.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 14. Limitation on Nonconsensual Supplier Liens [57700- 57700.] ( Chapter 14 added by Stats. 1990, Ch. 1502, Sec. 3. ) ## 57700. No more than two liens filed pursuant to Chapter 12 (commencing with Section 57501) and Chapter 13 (commencing with Section 57551) shall be enforceable against any one lien debtor, even if filed by different lien claimants. (Added by Stats. 1990, Ch. 1502, Sec. 3.)
  4. 5771.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    Before aerially applying pesticide for an urban eradication project, the secretary or commissioner must hold a public hearing, seek a joint human and environmental risk evaluation, and notify residents, physicians, and local media.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5771. When the secretary proclaims an eradication project in an urban area pursuant to Article 4 (commencing with Section 5761), where the eradication plan includes potential aerial application of a pesticide, the secretary or the commissioner, pursuant to this article, shall do all of the following before aerially applying a pesticide to effect the eradication: (a) Conduct at least one public hearing, to include a presentation by the department and the opportunity for public comment, in the area to consider all alternatives to aerial application of a pesticide. (b) Seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application. (c) Notify residents and physicians practicing in the area, and the local broadcast and print media. (Amended by Stats. 2008, Ch. 574, Sec. 2. Effective January 1, 2009.)
  5. 5772.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    Notice must be delivered at least 72 hours before applying economic poison, or at least 24 hours before applying pesticide in an emergency.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5772. The notice shall be delivered at least 72 hours prior to applying the economic poison. When the application of a pesticide is to be made pursuant to an emergency, the notice shall be delivered at least 24 hours prior to applying the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 5. Effective January 1, 1997.)
  6. 5773.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    The notice must be delivered to each residential unit in the treatment area, and also mailed by first-class mail to certain physicians connected to the eradication area.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5773. The notice shall be delivered to each residential unit in the treatment area. The notice shall also be mailed by first-class mail to each physician who maintains an office in the eradication area or is determined by the director to be likely to serve patients from the eradication area and whose scope of practice is determined by the director to be likely to include persons residing in the eradication area. (Added by Stats. 1984, Ch. 1195, Sec. 1.)
  7. 5774.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    Notice must be delivered by hand distribution whenever practicable; if that is not practicable, first-class mail may be used if affected residents and physicians receive notice within the article’s time limits.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5774. The notice shall be delivered by hand distribution whenever practicable. If it is not practicable to provide notice by hand distribution, then notice may be accomplished by first-class mail so long as the affected residents and physicians receive the notice within the time limits prescribed in this article. (Added by Stats. 1984, Ch. 1195, Sec. 1.)
  8. 5774.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    If the secretary thinks aerial pesticide use may be needed in an urban pest eradication program, the secretary must notify the city and county in the affected area as soon as feasible.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5774.5. In addition to any other notice requirements of this article, if the secretary determines that it may become necessary to use aerial application of a pesticide in a pest eradication program over an urban area, the secretary shall notify, as soon as it is feasible, the city and county in that affected area of the possibility of an aerial application. (Amended by Stats. 2006, Ch. 538, Sec. 198. Effective January 1, 2007.)
  9. 5775.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    If a pesticide application date changes, the notice must be redistributed with the revised information, and the secretary must send the revised information to local broadcast and print media. Pesticide may not be applied within 96 hours of that change.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5775. If the date of a pesticide application is changed, the notice required by this article shall be redistributed and contain the revised information. Additionally, the secretary shall transmit the revised information to the local broadcast and print media, including not less than two radio stations providing the broadest coverage in the eradication area. No pesticide shall be applied within 96 hours from the date of that change. (Amended by Stats. 1996, Ch. 361, Sec. 7. Effective January 1, 1997.)
  10. 5776.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    A notice distributed under this article must include specified information about proposed pesticide applications, precautions, public health contacts, and pesticide ingredients.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5776. The notice distributed pursuant to this article shall contain all of the following: (a) The likely date or dates and approximate time or times of all proposed pesticide applications in the eradication area. (b) The pesticides to be applied. (c) Any health and safety precautions that should be taken. (d) A telephone number and address of public health personnel who are familiar with the eradication program. (e) The active ingredients and inert materials of the pesticide, to the extent that the department is permitted by state and federal law to disclose them. (Amended by Stats. 2008, Ch. 574, Sec. 3. Effective January 1, 2009.)
  11. 5777.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    A pesticide notice must be in English and also in any other language used only by more than 5% of notice recipients in the relevant city or county, except for the notice specified in Section 5774.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5777. The notice, other than the notice specified in Section 5774.5, shall be in both English and in any other language in a city or county in the area where the pesticide is to be applied in which over 5 percent of the persons receiving the notice speak only that other language. (Amended by Stats. 1996, Ch. 361, Sec. 9. Effective January 1, 1997.)
  12. 5778.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    In counties with an eradication area where a pesticide is used, the department must set up and run a telephone service for public information on health issues related to that pesticide’s application.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5778. In every county that contains an eradication area in which a pesticide is used in the eradication effort, the department shall establish and operate a telephone service to provide information to the public on health issues related to application of the pesticide. (Amended by Stats. 1996, Ch. 361, Sec. 10. Effective January 1, 1997.)
  13. 5779.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    For pesticide applications other than by air, the article’s procedures may be used if the director finds them practical.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5779. For pesticide applications other than by air, the procedures in this article may be followed subject to the discretion of the director as to their practicality. (Added by Stats. 1984, Ch. 1195, Sec. 1.)
  14. 578.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

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    This section defines “Center” and “Pest” for the article.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 578. Unless the context otherwise requires, the definitions in this section govern the construction of this article. (a) “Center” means the University of California Center for Pest Research. (b) “Pest” means any of the following pests that are, or are likely to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state. (1) Any insect, nematode, or weed. (2) Any form of terrestrial, aquatic, or aerial plant, virus, fungus, bacteria, or other microorganism, except viruses, fungi, bacteria, or other microorganisms on, or in, a living human or any other living animal. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  15. 5780.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. )

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    State and county agencies are not liable for civil actions arising from administering this article if the director or commissioner uses best efforts to comply with the article’s requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Notice Requirements [5771 - 5780] ( Article 4.5 added by Stats. 1984, Ch. 1195, Sec. 1. ) ## 5780. No agency of the state or county shall be liable in any civil actions arising from the administration of this article if the director or the commissioner utilizes his or her best efforts to comply with the requirements of the article. (Added by Stats. 1984, Ch. 1195, Sec. 1.)
  16. 5781.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The director may adopt regulations to create host-free periods or districts and to prohibit planting or maintaining certain plants in those areas when a pest cannot otherwise be effectively controlled.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 5781. If the director determines that a particular pest, either within the state or from any area which is adjacent to the state, cannot be eradicated or effectively controlled by recognized ordinary means, or that it is impracticable to eradicate or control the pest without the destruction, in whole or in part, of uninfected or uninfested host plants, the director may adopt regulations which do all of the following: (a) Declares a host-free period or a host-free district, or both. (b) Describes any host and the district in which the planting, growing, cultivating, or maintenance in any manner of any plant which is capable of continuing the particular pest is prohibited during a specified period of time and until the menace from it no longer exists. (Amended by Stats. 1985, Ch. 721, Sec. 1.7.)
  17. 5782.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    If a director-established host-free period or district exists, any host planted, growing, cultivated, or maintained there is treated as a public nuisance.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 5782. During the existence of a host-free period or host-free district which is established by regulations of the director, any host which is planted, growing, or being cultivated or maintained within the host-free period or district is a public nuisance and is subject to all the laws which relate to the abatement of the nuisance. (Amended by Stats. 1985, Ch. 721, Sec. 2.)
  18. 5783.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not plant, grow, cultivate, or maintain a host covered by a director’s host-free period or host-free district regulation after notice has been given.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 5783. It is unlawful for any person to plant, grow, cultivate, or maintain any host which is described in any regulation of the director that establishes a host-free period or host-free district, within the host-free period or host-free district after notice of the host-free period or host-free district. (Amended by Stats. 1985, Ch. 721, Sec. 3.)
  19. 5784.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director’s regulations for a cotton host-free period or district must be uniform and uniformly enforced, and violations of cotton plowdown or planting-date requirements can trigger civil penalties.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 5784. (a) The regulations adopted by the director upon the establishment of a cotton host-free period or district for a particular pest shall, insofar as practical, be uniform and shall be uniformly enforced in all cotton host-free periods or districts established for that pest. Any exemptions or variances thereafter shall be extended to all other districts or periods unless the director finds that it will be detrimental to the eradication or effective control of the particular pest to do so. (b) The remedies provided in this article for any violation of this article are in addition to any other remedy provided by law. (c) Any person producing cotton in violation of cotton plowdown requirements adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil penalty of five dollars ($5) per acre of land not in compliance for the first violation and ten dollars ($10) per acre of land not in compliance for each subsequent violation. (d) Any person producing cotton in violation of cotton planting dates adopted pursuant to this article is subject to a civil penalty of five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation. Each acre not in compliance is a separate additional violation subject to a civil fine of fifty dollars ($50) per acre of land not in compliance for the first violation and one hundred dollars ($100) per acre of land not in compliance for each subsequent violation. (e) The Attorney General, upon the request of the director, or the district attorney or county counsel, upon the request of the commissioner, may request a court to issue an injunction or take other appropriate action to restrain violations of this article relating to cotton pests. (Amended by Stats. 1991, Ch. 255, Sec. 1. Effective July 29, 1991.)
  20. 5785.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Celery grown in violation of a host-free period or district is a nuisance, and the commissioner must order abatement and may take further abatement action if the person does not comply.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 5785. (a) Celery which is being produced in violation of a host-free period or district adopted pursuant to this article is a nuisance. (b) The commissioner shall take abatement action against any celery plants or parts thereof, other than seed, including any variety or subspecies of Apium graveolens found in violation of celery host-free period or district regulations. The person producing, who has produced, or who owns the celery shall be given not more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement. (c) If the person who is producing, has produced, or owns celery fails to commence and complete abatement within the time specified by the commissioner pursuant to subdivision (b), the commissioner shall abate the nuisance by appropriate means. The person who produced the celery plants shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance. (d) The commissioner, with the approval of the director, may approve or deny a request for a hardship variance for celery plowdown due to adverse weather conditions. (e) It is unlawful to harvest for sale or to sell any celery grown during a host-free period. Any person, firm, or corporation harvesting celery (Apium graveolens) in violation of a host-free period regulation shall forfeit the total sale price received for the celery to the county in which the violations occurred. An action to recover the sale price shall be brought in the name of the county on order of the board of supervisors by the county counsel of the county. This remedy shall be in addition to any other remedy provided for by law. (f) The commissioner may request that the district attorney or county counsel assist him or her in expediting abatements and other actions necessary pursuant to this section. (Added by Stats. 1985, Ch. 721, Sec. 4.)
  21. 5786.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Cotton plants or parts that miss a plowdown order can be abated by the commissioner, and the producer must pay 150% of the abatement costs.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Host-Free Periods and Districts [5781 - 5786] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 5786. (a) The Legislature finds that any cotton plants and parts thereof not in compliance with any cotton plowdown dates adopted pursuant to this article constitutes a public nuisance which immediately threatens the health and safety of the public. (b) In addition to any other remedies provided by law, any cotton plant or part thereof not in compliance with any cotton plowdown order may be abated at the direction of the commissioner in the county where the cotton plant or parts exist. The notice of the cotton plowdown date shall serve as notice to the owner of the plant or parts thereof that the plant or parts constitute a public nuisance if not brought into compliance with the orders by that date. Thereafter, the commissioner may take any abatement action as is reasonably necessary to bring the plant and parts thereof into compliance. (c) The person who produced the cotton plant and parts thereof shall pay 150 percent of all costs associated with the commissioner’s abatement of the nuisance. The producers may, when making the payment of the amount, submit a written appeal of the payment to the director. (d) Any moneys collected pursuant to Section 5784 or this section for violation of cotton pest provisions shall be allocated to the commissioner in the county where the action is brought. (Added by Stats. 1989, Ch. 648, Sec. 2.)
  22. 579.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

    Verify source ↗

    The center’s responsibilities include setting pest research priorities, advising on fund allocation, encouraging alternative pest management methods, supporting research, building information systems, providing pest-prevention advice, and distributing related information.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 579. It is the intent of the Legislature that the responsibilities of the center include, but are not limited to, all of the following: (a) Establishing multidisciplinary, long-term research priorities for the University of California which focus on the application of ecologically based, environmentally sound prevention, control, and eradication practices against pests which pose a significant threat to the welfare of California’s agricultural, forest, or urban settings. (b) Recommending how pest research funds obtained by the center on or after January 1, 1991, should be allocated within the University of California. (c) Encouraging the use of biological controls, integrated pest management, sustainable agriculture, and other alternative pest management methods to combat pests, and, thereby, reducing exposure to toxic substances in air, water, and soil. (d) Supporting basic and applied pest research, including practical field trials and awarding competitive grants, when economically feasible, and other projects administered by the center. (e) Developing information systems that enable academics, farmers, and public policymakers to quickly analyze and apply pest research data. (f) Providing information and advice to the department, county agricultural commissioners, the agricultural community, and other interested parties concerning pest prevention and detection through outreach consultation, information dissemination, education services, demonstrations, seminars, and publications. (g) Printing and distributing information related to center-sponsored and other University of California pest management research projects. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  23. 580.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

    Verify source ↗

    The center, through its director, is to develop recommended pest management research priorities for the University of California.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 580. (a) It is the intent of the Legislature that the center, through its director, develop a list of recommended pest management research priorities for the University of California that emphasize and encourage the development and implementation of biological controls, sustainable agriculture, integrated pest management strategies, agroecology, cultural and mechanical practices, and other alternative pest management methods and programs which are ecologically based and environmentally sound. (b) In developing pest management research recommendations, the center is encouraged to give high priority to alternative practices and strategies that address the reduction, control, or eradication of pests, including exotic pests, which represent the greatest threat to public health and safety or the economy of the state. (c) In developing recommended exotic pest research priorities, the center is encouraged to give high priority to all of the following: (1) Development of methods to determine the origin of exotic pests. (2) Determination of the age and origin of exotic pests. (3) Geographic analysis of exotic pests to determine place of origin, including acoustical fingerprinting. (4) Improvements to existing exotic pest insect baits. (5) An examination of the manner in which the sterile insect technique actually works and improvements in sterile insect technology. (6) Assessments of wild exotic pest populations, and their regulating biological agents. (7) Studies of exotic pests and their natural enemies in climates similar to that of the various regions in California. (8) The exploration and introduction of natural enemies, including those from foreign countries, if necessary. (9) Computerization of all records of exotic pest captures. (10) Improvements in detection technology, which include better attractants. (11) Compilation, maintenance, and updated data about exotic pest research and exotic pest management programs operating within and outside the state. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  24. 58001.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58001. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  25. 58002.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “organization of producers and distributors” to include certain producer, distributor, and cooperative organizations formed to facilitate marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58002. “Organization of producers and distributors” includes all corporations, societies, associations, and organizations of producers, producers and distributors, or distributors, cooperative or otherwise, which are formed for the purpose of facilitating the marketing of any product. (Enacted by Stats. 1967, Ch. 15.)
  26. 58003.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Product” includes agricultural, aquacultural, dairy, or farm products that are produced, grown, raised, manufactured, or processed within the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58003. “Product” means any agricultural, aquacultural, dairy, or farm product which is produced, grown, raised, manufactured, or processed within the state. (Amended by Stats. 1995, Ch. 810, Sec. 18. Effective January 1, 1996.)
  27. 58004.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Fees, charges, and costs collected under this chapter must be paid into the State Treasury for the General Fund, unless Section 58005 provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58004. Except as provided in Section 58005, fees, charges, and costs that are collected under this chapter shall be paid into the State Treasury to the credit of the General Fund. (Amended by Stats. 1994, Ch. 346, Sec. 1. Effective August 29, 1994.)
  28. 58005.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Fees, charges, and costs received for market news must be paid monthly into the State Treasury for the Department of Food and Agriculture Fund, and the department may spend appropriated funds for market news services.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [58001 - 58005] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58005. All fees, charges, and costs that are received under this chapter for the collection, analysis, and dissemination of market news shall be paid into the State Treasury monthly to the credit of the Department of Food and Agriculture Fund. Funds received for these purposes, upon appropriation, shall be expended by the department for market news services. The secretary may adopt regulations implementing procedures for receiving fees, charges, and reimbursement for costs from users of market news. (Added by Stats. 1994, Ch. 346, Sec. 2. Effective August 29, 1994.)
  29. 5801.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grafts and Buds from Plants Generally Infected [5801 - 5803] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations to prohibit or restrict certain plant propagation methods if specific infected plants pose a danger to fruit, nut, or vine crops.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grafts and Buds from Plants Generally Infected [5801 - 5803] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 5801. If the director, after investigation and hearing, determines that any kind or variety of plant is generally infected with a virus or mycoplasma-like disease that is dangerous or detrimental to the production of fruit, nut, or vine crops in this state, he may adopt regulations which prohibit or restrict the propagation by cuttings and the budding, grafting, or otherwise joining of tissue of such kind or variety of plant with any kind or variety of fruit or nut tree or vine. (Amended by Stats. 1972, Ch. 383.)
  30. 5802.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grafts and Buds from Plants Generally Infected [5801 - 5803] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a plant source in a prohibited or restricted category has been shown to be free of dangerous or detrimental viruses or mycoplasma-like organisms, the director must permit its use in the regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grafts and Buds from Plants Generally Infected [5801 - 5803] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 5802. If a source of any prohibited or restricted kind or variety of plant has been demonstrated to be free of dangerous or detrimental viruses or mycoplasma-like organisms, the director shall, in the regulation, permit use of such source. (Amended by Stats. 1972, Ch. 383.)
  31. 5803.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grafts and Buds from Plants Generally Infected [5801 - 5803] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not bud, graft, propagate, or grow fruit or nut trees or vines in violation of regulations under this article, and must not sell plants produced that way as nursery stock.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grafts and Buds from Plants Generally Infected [5801 - 5803] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 5803. It is unlawful for any person to bud, graft, or otherwise propagate or grow any fruit or nut tree or vine in violation of any regulations which are adopted pursuant to this article or to sell as nursery stock any plant which is so produced. (Enacted by Stats. 1967, Ch. 15.)
  32. 58031.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may, if requested, advise producers and distributors and help them distribute products economically, efficiently, and at fair prices.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58031. The director may act as adviser for producers and distributors, if requested, and assist them in economical and efficient distribution of any product at fair prices. (Enacted by Stats. 1967, Ch. 15.)
  33. 58032.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may gather and share impartial information about supply, demand, prices, and commercial movements, including storage of any product.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58032. The director may gather and disseminate impartial information which concerns supply, demand, prevailing prices, and commercial movements, including common and cold storage of any product. (Enacted by Stats. 1967, Ch. 15.)
  34. 58033.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may support and encourage cooperative and other associations, and protect the interests of producers and consignors.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58033. The director may promote, assist, and encourage the organization and operation of cooperative and other associations and organizations for improving the relations and services among producers, distributors, and consumers of any product, and protect and conserve the interests of the producers and consignors of products. (Enacted by Stats. 1967, Ch. 15.)
  35. 58034.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may foster and encourage cooperation between producers and distributors of any product, for the general public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58034. The director may foster and encourage cooperation between producers and distributors of any product, in the interest of the general public. (Enacted by Stats. 1967, Ch. 15.)
  36. 58035.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may foster and encourage standardizing, grading, inspection, labeling, handling, storage, and sale of any product.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58035. The director may foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and sale of any product. (Enacted by Stats. 1967, Ch. 15.)
  37. 58036.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may act as a mediator or arbitrator if both parties invite the director.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58036. The director may act as a mediator or arbitrator, if invited by both parties, in any controversy or issue that may arise between producers and distributors of any product. (Enacted by Stats. 1967, Ch. 15.)
  38. 58037.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may certify warehouse receipts for products, if requested, to protect owners, buyers, or creditors, and may charge fees for the service.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58037. The director may certify, for the protection of owners, buyers, or creditors, if so requested, warehouse receipts for any product, verifying quantities and qualities of the product, and charge for such service, fees which are sufficient to make the service self-supporting. (Enacted by Stats. 1967, Ch. 15.)
  39. 58038.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue labels on request and may charge fees for them.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58038. The director may issue labels on request of the producer, packer, canner, or distributor, for any product for which labels have not otherwise been authorized by law, pursuant to such regulations as he deems necessary and charge for such labels such fees as in his judgment are proper. (Enacted by Stats. 1967, Ch. 15.)
  40. 58039.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may act for consumers of any product to conserve and protect their interests, as far as practicable.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58039. The director may act on behalf of the consumers of any product in conserving and protecting their interests in every practicable way. (Enacted by Stats. 1967, Ch. 15.)
  41. 58040.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may improve, broaden, and extend the distribution and sale of California products throughout world markets.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58040. The director may improve, broaden, and extend in every practicable way, the distribution and sale of any product of this state throughout the markets of the world. This section shall become operative January 1, 1990. (Repealed (in Sec. 1) and added by Stats. 1987, Ch. 1480, Sec. 2. Section operative January 1, 1990, by its own provisions.)
  42. 58041.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may promote efficient distribution and marketing of products made in the state and may attend meetings or enter cooperative agreements with the USDA to help carry out the article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58041. The director may promote in the interest of the producer, the distributor, and consumer, economical and efficient distribution and marketing of any product which is produced or processed within the state and to better effectuate the purposes of this article may attend necessary meetings and conferences in relation to any such product and may enter into cooperative agreements with the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)
  43. 58042.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may enter into cooperative agreements with federal or state departments and agencies to carry out specified marketing-related purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58031 - 58042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58042. The director may enter into any cooperative agreement with any department or agency of the federal government, or with any other state or agency of it, in order to effectuate the purposes of this division, Division 20 (commecing with Section 54001), or of any marketing law, including any marketing order, marketing program, regulation, or rule and regulation, which is issued under it, the responsibility for the administration and enforcement of which is with the director. (Enacted by Stats. 1967, Ch. 15.)
  44. 58061.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations [58061 - 58062] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may investigate, survey, and gather facts related to marketing and to making or changing authorized marketing orders, agreements, or programs.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations [58061 - 58062] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 58061. The director may conduct investigations, make surveys, and assemble facts which are pertinent to marketing and to the formulation, administration, or amendment of any marketing order, agreement, or program which is authorized by any law now in effect or which may hereafter be enacted. (Enacted by Stats. 1967, Ch. 15.)
  45. 58062.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations [58061 - 58062] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may investigate storage-related product amounts, inspect pertinent warehouse books and records, and issue subpoenas for witnesses and documents.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Investigations [58061 - 58062] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 58062. The director may make pertinent investigations which concern the aggregate amount of any product which is held in common or cold storage. In connection with any such investigation, the director may inspect only the pertinent books and records of common or cold storage warehouses for the purpose of determining and publishing aggregate amounts of any product which is held in storage, and may issue subpoenas for the attendance of witnesses and the production of pertinent books, papers, accounts, documents, and testimony in any such investigation. (Enacted by Stats. 1967, Ch. 15.)
  46. 58091.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Collection and Dissemination of Information [58091 - 58093] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must arrange for collecting, analyzing, and sharing statistics and other information about farm products produced in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Collection and Dissemination of Information [58091 - 58093] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 58091. The director shall provide for the collection, analysis, and dissemination of statistics and other information which relates to the production and marketing of farm products, including processed farm products, which are produced in this state, such as, but not limited to, crop and livestock estimating and market news services. (Enacted by Stats. 1967, Ch. 15.)
  47. 58092.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Collection and Dissemination of Information [58091 - 58093] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may set up facilities and publish bulletins and reports to keep producers and handlers informed about supply, demand, and related economic conditions affecting farm products produced in this state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Collection and Dissemination of Information [58091 - 58093] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 58092. The director may establish such facilities and publish such bulletins and reports as are necessary and proper in keeping producers and handlers informed with regard to the supply, demand, and other economic conditions which affect the sale of any farm product which is produced in this state. (Enacted by Stats. 1967, Ch. 15.)
  48. 58093.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Collection and Dissemination of Information [58091 - 58093] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must cooperate with the Secretary of Agriculture and the appropriate Oregon office to establish a market news service in the Klamath Basin.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. State Marketing Services [58001 - 58093] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Collection and Dissemination of Information [58091 - 58093] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 58093. The director shall cooperate with the Secretary of Agriculture, and with the appropriate office of the State of Oregon, to establish a market news service in the Klamath Basin. (Enacted by Stats. 1967, Ch. 15.)
  49. 581.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

    Verify source ↗

    The center should award pest research funds through a competitive application process and peer review, and give priority to certain environmentally sound pest-control proposals.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 581. To the extent that it is economically and scientifically feasible, it is the intent of the Legislature that the center shall award pest research funds obtained by the center on or after January 1, 1991, based upon a competitive application process and peer review. The center is encouraged to give high priority to exotic pest research proposals. In awarding pest research funds, the center shall give priority to proposals that support pest control methods which use ecologically based and environmentally sound alternatives to pesticides and other chemicals, and eliminate or reduce pesticide use or eliminate or minimize pesticide residues, protect the public health and environment, and satisfy a majority of the following criteria: (a) Are cost-effective. (b) Improve the agricultural industry and the state economy. (c) Do not significantly or extensively duplicate other research. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  50. 582.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

    Verify source ↗

    The Legislature states that the University of California should appoint a center director with knowledge of pest management and alternative pest management techniques.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 582. It is the intent of the Legislature that the University of California appoint a director of the center who is knowledgeable about pest management practices and research and alternative pest management techniques. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  51. 58201.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [58201 - 58203] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states California’s policy to get the maximum benefit for agriculture from government research and service work by coordinating those activities.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [58201 - 58203] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58201. It is the policy of this state to gain maximum benefits in behalf of agriculture from the results of research and service work performed by local, state, and federal governments through coordination and correlation of such activities. (Enacted by Stats. 1967, Ch. 15.)
  52. 58202.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [58201 - 58203] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states the chapter’s purpose: to support intergovernmental cooperation in marketing-related activities that benefit the state’s agricultural industry.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [58201 - 58203] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58202. Since the Congress of the United States has recognized the value of marketing research, developmental, and service work through the enactment of agricultural marketing laws, including Public Law 733 (60 Stat. 966), and since Title II thereof embodies features of a nature akin to agricultural and regulatory service functions performed by the department, and inasmuch as financial cooperation in those phases of the marketing field is provided in Title II, it is hereby declared to be the purpose of this chapter to make possible a furtherance of intergovernmental cooperation in such marketing activities as will accrue advantageously to the agricultural industry of the state. (Enacted by Stats. 1967, Ch. 15.)
  53. 58203.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [58201 - 58203] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department is designated as the proper state agency for intergovernmental cooperation on the listed regulatory and service features.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [58201 - 58203] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58203. The department is the proper state agency for such intergovernmental cooperation in those regulatory and service features contemplated by Public Law 733 (60 Stat. 966) and in relation to such other federal laws as may relate to the same and comparable activities. (Enacted by Stats. 1967, Ch. 15.)
  54. 5821.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may inspect plants and nearby premises on request, and may maintain registries of plants found not infested or infected, or liable to become infested or infected, with pests.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 5821. The director, for the purpose of promoting and protecting the agricultural industry of the state, may, upon request, inspect plants and the premises upon or near which they are growing and the records of their sources and qualities. He may upon the basis of the information thus determined, maintain registries of the plants which are found not to be infested or infected, or liable to become infested or infected, with pests. (Enacted by Stats. 1967, Ch. 15.)
  55. 5822.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may certify plant pest freedom or pest condition, issue inspection or registry tags and certificates, supervise special treatments, and set uniform fees for those services.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 5822. The director may do any of the following: (a) Certify as to the pest freedom of plants which may have been inspected or registered or may certify as to the true pest condition of the plants. (b) Issue tags, labels, or certificates in evidence of inspection or registry. (c) Supervise or conduct any special treatments which may be necessary to insure the pest freedom of plants for propagation or planting purposes. (d) Fix uniform fees to be charged for inspections, registrations, certifications, and special treatments. The fees shall be based upon the approximate cost of the service which is rendered. (Enacted by Stats. 1967, Ch. 15.)
  56. 5823.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make and enforce regulations needed to carry out this article.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 5823. The director may also establish and enforce regulations which are necessary to carry out the purposes of this article. (Enacted by Stats. 1967, Ch. 15.)
  57. 58231.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may enter into cooperative agreements with specified federal agriculture officials to develop projects or programs that improve and coordinate agency work.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58231. The secretary may enter into cooperative agreements with the Secretary of Agriculture of the United States Department of Agriculture or the Administrator, Agricultural Marketing Act of 1946 (7 U.S.C. Sec. 1621 et seq.), or both, to develop projects or programs that are designed to improve, expand, and correlate the work of both agencies in any of the following: (a) Federal-state cooperative crop reporting. (b) Federal-state cooperative market news services. (c) Seed and crop improvement. (d) Agricultural products certification. (e) Marketing orders and programs. (f) Milk and milk products stabilization. (g) Market enforcement. (h) Agricultural trade. (i) Agricultural commodities, grades, and standards. (j) Prepackaging of, and special containers for, shipment of any farm product. (Amended by Stats. 2024, Ch. 215, Sec. 4. (AB 2721) Effective January 1, 2025.)
  58. 58231.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a specified cooperative agreement is not in effect in the state, the secretary may define grape-pricing districts in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58231.1. If a cooperative agreement related to federal-state cooperative market news services, as described in subdivision (b) of Section 58231, is not in effect in the state, the secretary may define grape-pricing districts in the state. (Amended by Stats. 2025, Ch. 67, Sec. 81. (AB 1170) Effective January 1, 2026.)
  59. 58232.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may enter into agreements with specified committees, boards, associations, and other producer or handler organizations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58232. The director may also enter into agreements with federal administrative committees established by the Secretary of Agriculture of the United States pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937 (50 Stat. 246), with advisory boards and program committees which are established by the director pursuant to Chapters 1 (commencing with Section 58601) and 2 (commencing with Section 59501), Part 2 of this division, with producers’ cooperative marketing associations and other producer or handler organizations to assist financially or otherwise in the development of such projects or programs and in putting the results of such projects or programs into operation within this state. (Enacted by Stats. 1967, Ch. 15.)
  60. 58233.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may receive and spend money for the purposes stated in this article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Agreements [58201 - 58233] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Powers of the Director [58231 - 58233] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58233. The director may receive and pay out money for the purposes which are mentioned in this article. (Enacted by Stats. 1967, Ch. 15.)
  61. 5824.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Costs for services under this article must be paid from the Department of Food and Agriculture Fund, using money derived under the article, and not charged to the General Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 5824. The cost of any service which is rendered pursuant to this article shall be paid from the Department of Food and Agriculture Fund out of any money which is derived pursuant to this article and shall not be a charge against the General Fund. (Amended by Stats. 1984, Ch. 144, Sec. 37.)
  62. 5825.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Services authorized by this article must not duplicate services already being rendered by commissioners.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 5825. The services which are authorized by this article shall not duplicate services which are being rendered by commissioners. (Enacted by Stats. 1967, Ch. 15.)
  63. 5826.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not alter, deface, or misuse registry statements, certificates, labels, or tags issued under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 5826. It is unlawful for any person to alter, deface, or misuse any statement of registry, certificate, label, or tag which is issued pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)
  64. 5827.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money received by the department under this article must go to the State Treasury and be credited to the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Registries [5821 - 5827] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 5827. Any money which is received by the department pursuant to this article shall be paid into the State Treasury and be credited to the Department of Food and Agriculture Fund. Any money in the Department of Food and Agriculture Fund which was derived pursuant to this article may be expended for the administration and enforcement of any or all of the following which relate to nursery stock, notwithstanding any other provision of law which limits the expenditure of this money to some specific purpose or to the administration or enforcement of some specific section, article, chapter, or law: (a) Section 435. (b) Article 7 (commencing with Section 5821) of Chapter 8 of Part 1. (c) Chapter 1 (commencing with Section 6701) of Part 3. (d) Any other provision of this division, which relates to nursery stock, except Article 5 (commencing with Section 6001) of Chapter 9 or Chapter 10 (commencing with Section 6101) of Part 1, Part 5 (commencing with Section 8401), or Part 6 (commencing with Section 8801). (e) Chapter 5 (commencing with Section 53301) of Division 18. (Amended by Stats. 1984, Ch. 144, Sec. 38.)
  65. 583.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

    Verify source ↗

    The University of California must prepare an annual pest-management report and submit it to the Legislature by October 15 each year.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 583. (a) The University of California shall prepare an annual report describing the activities of the center, major objectives and significant accomplishments of pest management research and extension programs at the University of California, and obstacles and opportunities toward developing and implementing pest management alternatives in the state. The report shall also include all of the following: (1) Identification and evaluation of major policy issues and needs in pest management research in California. (2) Identification of the long-range and short-term management research priorities established by the center. (3) Identification of environmentally sound, ecologically based alternatives to pesticides that are possible or probable human carcinogens or reproductive toxicants. (4) A summary and status information on all research proposals submitted through the center. The summary shall include both proposed and approved research projects. (b) The report shall be submitted to the Legislature not later than October 15 of each year. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  66. 58351.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Void Contracts [58351 - 58353] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Contracts by a seller of an agricultural product that are designed to injure competitors and reduce competition are void, and the seller may not give certain brokerage charges, rebates, discounts, or other credits except for allowed quality, condition, or quantity adjustments.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Void Contracts [58351 - 58353] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58351. Any contract which is made for the purpose of injuring competitors and destroying competition under which the seller of any agricultural product agrees to pay or allow any brokerage charge, rebate, discount, or other credit, except an allowance for variation in quality, condition, or quantity, or any other form of compensation or credit by a seller to a buyer, or to an agent, employee, subsidiary, or affiliate of a buyer that buys to sell at retail and which is not paid, given, or allowed in like circumstances to all other buyers or to the agents, employees, subsidiaries or affiliates of other buyers, whether the same is paid or allowed directly or indirectly, is hereby declared to be against public policy and void. (Enacted by Stats. 1967, Ch. 15.)
  67. 58352.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Void Contracts [58351 - 58353] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Advertising allotments or discounts from a seller to a buyer for bona fide advertising expenditures are not treated as void, public-policy violations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Void Contracts [58351 - 58353] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58352. Advertising allotments or discounts by a seller to a buyer for bona fide advertising expenditures, however, are not included within such transactions which are against public policy and void. (Enacted by Stats. 1967, Ch. 15.)
  68. 58353.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Void Contracts [58351 - 58353] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any person who takes part in a transaction that this article declares against public policy and void commits a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Void Contracts [58351 - 58353] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58353. It is a misdemeanor for any person to take any part in any transaction which is declared by this article to be against public policy and void whether as seller, buyer, buyer’s agent, employee, or subsidiary. (Enacted by Stats. 1967, Ch. 15.)
  69. 58381.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Destruction of Foodstuffs in Restraint of Trade [58381 - 58383] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not destroy food items in restraint of trade.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Destruction of Foodstuffs in Restraint of Trade [58381 - 58383] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58381. It is unlawful for any person to destroy, in restraint of trade, any fowl, animal, vegetable, aquacultural product, or other stuff, product, or article which is customary food, or which is proper for food, for human beings, and is in fit sanitary condition to be used as such. (Amended by Stats. 1995, Ch. 810, Sec. 20. Effective January 1, 1996.)
  70. 58382.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Destruction of Foodstuffs in Restraint of Trade [58381 - 58383] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A recipient of agricultural products for commission sale or for the benefit of another person must not destroy, abandon, discard, or dump them without a written permit, and must keep the permit and a detailed destruction statement on file.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Destruction of Foodstuffs in Restraint of Trade [58381 - 58383] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58382. A person that receives any agricultural product, for sale on commission or for sale or exchange for the benefit of any other person, shall not destroy, abandon, discard as refuse, or dump, such product, without a permit in writing from the commissioner, county health officer, director, State Director of Health Services, or from some other official now or hereafter authorized by law to issue permits for the destruction of such product. Such permits, together with a detailed statement of every product which is destroyed pursuant to the permit, shall be kept on file by the person to whom they are issued. (Amended by Stats. 1979, Ch. 373.)
  71. 58383.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Destruction of Foodstuffs in Restraint of Trade [58381 - 58383] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The consignee must serve a copy of the permit and detailed statement on the consignor of the destroyed product on the day the permit is issued, or use prepaid mail instead of personal service.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Void Contracts and Restraint of Trade [58351 - 58383] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Destruction of Foodstuffs in Restraint of Trade [58381 - 58383] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58383. A copy of each such permit together with a copy of each such detailed statement shall, on the day such permit is issued, be served personally by the consignee, upon the consignor of the destroyed product, or in lieu of such personal service, shall on such day be served by the consignee on the consignor by depositing it in the post office, inclosed in a sealed envelope, postage fully prepaid, addressed to the consignor of the destroyed product at the consignor’s address, if known, or if not known, then to the place where the shipment or consignment of such product originated. (Enacted by Stats. 1967, Ch. 15.)
  72. 584.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

    Verify source ↗

    If the center is established by the Regents of the University of California, the Legislature says its administrative start-up costs should come from existing university resources.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 584. If the center is established by the Regents of the University of California, it is the intent of the Legislature that the administrative costs of establishing the center shall be supported from existing resources of the university. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  73. 58451.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a grower or producer gives a dealer or processor a written notice assigning dues to a nonprofit agricultural commodity organization, the dealer or processor must deduct the authorized amount from the sale price and pay it to that organization.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 58451. If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of farm products, either as a clause in a sales contract or other instrument in writing, a notice of assignment of dues to a nonprofit agricultural commodity organization directly representing the specific product involved, by which the processor or dealer is directed to deduct a sum from the price to be paid for such product and to pay the same over to such association as dues for the grower or producer, the processor or dealer shall deduct from the price to be paid for any farm product being sold by any such grower or producer to any such processor or dealer, the amount authorized and pay it over to the organization as assignee. (Enacted by Stats. 1967, Ch. 15.)
  74. 58452.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A dealer or processor may not include a contract term that makes the Section 58451 assignment of dues ineffective.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 58452. No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in Section 58451 ineffective is valid. (Enacted by Stats. 1967, Ch. 15.)
  75. 58453.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An assignment of dues cannot be more than 2% of the total value of the delivered product.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 58453. An assignment of dues may not exceed 2 percent of the total value of the product which is delivered by the grower or producer to the dealer or processor. (Enacted by Stats. 1967, Ch. 15.)
  76. 58454.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A dealer or processor does not have to make payment under an assignment of dues until enough funds owed to the grower or producer are under the dealer’s or processor’s control; for an annual product, payment can wait until the end of the product year.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Assignment of Dues [58451 - 58454] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 58454. Payment need not be made under any assignment of dues pursuant to Section 58451 until the dealer or processor has available and under his control funds owing to the grower or producer that are sufficient in amount for making the payment of the dues involved. In the case of an annual product, such payment need not be made until the end of the product year. (Enacted by Stats. 1967, Ch. 15.)
  77. 585.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

    Verify source ↗

    This article applies to the University of California only if the Regents make the provisions applicable by resolution.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 585. This article shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  78. 5850.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7.5. Quality Certification Services [5850 - 5852] ( Article 7.5 added by Stats. 1998, Ch. 436, Sec. 2. )

    Verify source ↗

    This section states legislative findings about agricultural certification and testing services, including that quarantine and product-quality requirements must be met and that impartial third-party governmental certification is currently needed for acceptance by other states and foreign governments.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7.5. Quality Certification Services [5850 - 5852] ( Article 7.5 added by Stats. 1998, Ch. 436, Sec. 2. ) ## 5850. The Legislature finds and declares all of the following: (a) Enhancing global business and trade is in the economic interest of the state. (b) Domestic and foreign country quarantine and product quality requirements must be met to allow for the trade of many agricultural products. (c) Currently, to be acceptable to other states and foreign governments, phytosanitary and product quality certification and supporting analyses, diagnostics, and other testing of that type must be performed by an impartial, third-party governmental agency. (d) As a result of its regulatory responsibilities, the department has the technical capacity and expertise to meet current domestic and foreign government requirements for impartial, third-party governmental analytical, certification, diagnostic, inspection, quality assurance, and testing services and, as accreditation becomes acceptable to states and foreign governments, to accredit private entities to perform these kinds of services. (e) Nonregulatory activities are services for which the entities that receive the benefits should pay the costs. However, the department is not authorized or funded to establish a program to perform nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, or testing work, nor is it authorized to establish a schedule of charges to recover its costs for those services. (Added by Stats. 1998, Ch. 436, Sec. 2. Effective January 1, 1999.)
  79. 58501.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    This section defines “agricultural product,” “food bank,” and “nonprofit charitable organization” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58501. For purposes of this chapter: (a) “Agricultural product” means any fowl, animal, vegetable, or other stuff, product, or article which is customary food, or which is proper for food for human beings. (b) “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated agricultural products to nonprofit charitable organizations and individuals for the purpose of reducing hunger and nutritional needs. (c) “Nonprofit charitable organization” means any organization which was organized and is operating for charitable purposes and meets the requirements set forth in Section 214 of the Revenue and Taxation Code. (Amended by Stats. 1984, Ch. 1453, Sec. 3. Effective September 26, 1984.)
  80. 58502.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    Certain food and agricultural businesses may donate qualifying food or agricultural products free of charge, and the director may divert agricultural products to chapter organizations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58502. (a) A person or gleaner engaged in the business of processing, distributing, or selling an agricultural product may donate, free of charge, a product that is in a condition that it may be used as food for human consumption to a nonprofit charitable organization within the state. Food facilities may donate food directly to end recipients for consumption. The donation of nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act. The donation of perishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome. (b) To assist in accomplishing the purposes of this section, the director may divert agricultural products to organizations operating pursuant to this chapter. (Amended by Stats. 2017, Ch. 619, Sec. 4. (AB 1219) Effective January 1, 2018.)
  81. 58503.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    A county board of supervisors may set up and promote a surplus food collection and distribution system, and qualifying nonprofit charitable organizations may be listed with the center.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58503. To assist in accomplishing the purposes of Section 58502, the board of supervisors of any county may establish, and publicize the availability of, a surplus food collection and distribution system, consisting of an inventory of storage facilities and refrigeration equipment that are available in the county for such purposes and a 24-hour information and food collection center for receiving and transmitting information as to where agricultural products are available or what organization desires or needs donated agricultural products, and for collecting, receiving, handling, storing, and distributing donated agricultural products. Any nonprofit charitable organization regularly needing agricultural products in its operations may be listed with such center for the purpose of being notified whenever such products are available. (Added by Stats. 1977, Ch. 977.)
  82. 58503.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    An organization must meet listed minimum standards to qualify as a food bank.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58503.1. In order to qualify as a food bank, an organization shall meet all of the following minimum standards: (a) It shall have access to storage facilities and refrigeration equipment for the purpose of collecting, receiving, handling, storing, and distributing donated agricultural products. (b) It shall be incorporated as a nonprofit tax exempt organization and be eligible as a charitable organization under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code or shall be affiliated with such an organization. (c) It shall maintain records for the proper control of inventory. (d) It shall demonstrate the availability of adequate liability insurance to cover the activities conducted pursuant to this chapter. (e) It shall show local support through funding sources, letters of endorsement, and a board of directors reflective of the community and population to be served. (Amended by Stats. 2009, Ch. 500, Sec. 46. (AB 1059) Effective January 1, 2010.)
  83. 58503.2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    The Director of General Services may help a food bank by finding and providing available state surplus buildings or equipment needed for the food bank’s operation.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58503.2. To assist in accomplishing the purposes of this chapter and to maximize use of state surplus equipment, the Director of General Services may assist a food bank by locating and providing available state surplus buildings or equipment necessary for the operation of a food bank. (Added by Stats. 1984, Ch. 1453, Sec. 7. Effective September 26, 1984.)
  84. 58503.3.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    This chapter does not restrict or limit nonprofit organizations that distribute agricultural products to nonprofit charitable organizations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58503.3. Nothing in this chapter restricts or limits the operation of any other nonprofit organizations which are engaged in the distribution of agricultural products to nonprofit charitable organizations. (Added by Stats. 1984, Ch. 1453, Sec. 8. Effective September 26, 1984.)
  85. 58503.4.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    Programs under this chapter must complement, and must not reduce, assistance given to families and individuals under the Food Stamp Act of 1977.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58503.4. Programs operated in accordance with this chapter shall complement, and not in any way lessen, assistance to families and individuals pursuant to the Food Stamp Act of 1977 (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code). (Amended by Stats. 1985, Ch. 106, Sec. 43.)
  86. 58504.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    The board of supervisors may arrange for the county health officer to inspect donated products if the donee requests it before delivery by the donor.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58504. The board of supervisors may provide for the inspection of such products by the county health officer, upon request of the donee, prior to delivery by the donor to determine whether such products may be used as food for human beings. (Added by Stats. 1977, Ch. 977.)
  87. 58505.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    Counties, county agencies, and people who donate agricultural products are not liable for injuries linked to the donation, except for injuries caused by gross negligence or a willful act.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58505. Except for any injury resulting from gross negligence or willful act, no county or agency of a county established pursuant to this chapter and no person who donates any agricultural product shall be liable for any injury, including, but not limited to, injury resulting from the ingesting of such agricultural product, as a result of any act, or the omission of any act, in connection with donating any product pursuant to this chapter. (Added by Stats. 1977, Ch. 977.)
  88. 58507.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    Nonprofit charitable organizations that receive covered agricultural products generally cannot sell, offer to sell, move, or transfer them out of state; other persons and public agency employees generally cannot sell, use, or consume covered donated or distributed products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58507. (a) Any nonprofit charitable organization, that receives any agricultural product pursuant to this chapter, shall not sell or offer to sell any such agricultural product nor move or transfer such product out of the state, provided that any product that does not comply with the requirements of Division 17 (commencing with Section 42501) which is received by a charitable organization situated in this state may be shipped out of the state by such organization in accordance with regulations of the director to assure compliance with the purposes of this chapter. This subdivision does not apply to agricultural products which comply with all maturity, quality, size, standard pack, container and labeling requirements of Division 17 (commencing with Section 42501). (b) No person and no employee of a public agency shall sell, offer for sale, use, or consume any agricultural product donated or distributed pursuant to this chapter, except the recipient of an agricultural product provided as charitable assistance by a nonprofit charitable organization who shall use or consume the agricultural product provided. (c) Any violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000). (Added by Stats. 1977, Ch. 977.)
  89. 58508.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    When running an information and food collection center, the board of supervisors must screen donees so public-expense agricultural products are not given to organizations that can afford to buy them.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58508. In operating an information and food collection center pursuant to this chapter, the board of supervisors shall provide for the screening of donees to assure that agricultural products which are distributed at public expense are not donated to organizations that are capable of purchasing them. (Added by Stats. 1977, Ch. 977.)
  90. 58509.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. )

    Verify source ↗

    The Secretary of Food and Agriculture must consult a Food Bank Advisory Committee, and the committee must advise the department on food bank establishment and surplus food distribution.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Donation of Food [58501 - 58509] ( Chapter 5 added by Stats. 1977, Ch. 977. ) ## 58509. (a) The Secretary of Food and Agriculture shall consult with four food bank representatives, two from the northern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two from the southern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two food industry representatives, one wholesaler and one manufacturer, all of whom shall be selected by the Governor and referred to as the Food Bank Advisory Committee. (b) Members of the committee who are not state employees shall be paid per diem for their actual expenses in attending committee meetings. (c) The committee shall do all of the following: (1) Advise the Department of Food and Agriculture in the establishment of new food banks. (2) Advise in the adequate and efficient distribution of surplus food commodities to all areas of the state. (Amended by Stats. 2013, Ch. 352, Sec. 101. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  91. 5851.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7.5. Quality Certification Services [5850 - 5852] ( Article 7.5 added by Stats. 1998, Ch. 436, Sec. 2. )

    Verify source ↗

    The Legislature intends to authorize the department to provide nonregulatory certification-related services, accredit or audit private entities, and set charges to recover its costs.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7.5. Quality Certification Services [5850 - 5852] ( Article 7.5 added by Stats. 1998, Ch. 436, Sec. 2. ) ## 5851. It is the intent of the Legislature, in enacting this article, to enhance the state’s business and trade opportunities by authorizing the department to do all of the following: (a) Perform nonregulatory services such as export market phytosanitary and product quality analyses, certification, diagnostics, inspections, quality assurance, and testing relating to nursery stock, plants, seed, or plant pests and diseases. (b) Accredit and monitor or audit private entities as necessary. (c) Establish charges sufficient to recover its costs for nonregulatory services such as export market phytosanitary and product quality activities. (Added by Stats. 1998, Ch. 436, Sec. 2. Effective January 1, 1999.)
  92. 5852.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7.5. Quality Certification Services [5850 - 5852] ( Article 7.5 added by Stats. 1998, Ch. 436, Sec. 2. )

    Verify source ↗

    The department may provide and accredit certain plant-related quality services, but it must adopt accreditation regulations and unaccredited entities may not falsely claim departmental accreditation.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7.5. Quality Certification Services [5850 - 5852] ( Article 7.5 added by Stats. 1998, Ch. 436, Sec. 2. ) ## 5852. (a) The department may provide, upon request, nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, testing, and other nonregulatory services relating to nursery stock, plants, seed, or other plant pests and diseases on a charge-for-service basis or may accredit private persons or business entities to perform those services. (b) To ensure that the activities performed by private persons or business entities are valid and reliable, the department shall adopt regulations to establish accreditation criteria to govern its accreditation, monitoring or auditing, and revocation of accreditation activities. Any regulations adopted by the department pursuant to this subdivision shall be consistent with applicable federal law. The department may adopt by reference any pertinent federal laws or regulations pertaining to the accreditation of persons or business entities for the performance of work required to certify compliance with the quarantine, quality, and other import requirements established by other states or foreign countries. No private, nongovernmental entities that perform diagnostic or field inspections for the issuance of federal phytosanitary certificates shall be accredited until federal rules are adopted that permit and regulate those activities. (c) To retain accreditation, those persons or business entities providing services described in subdivision (a) shall agree to be monitored or assessed and evaluated on a periodic basis by means of proficiency testing or sample checking. (d) It is unlawful for any person or business entity that is not accredited by the department to make any representation regarding accreditation by the department. Any person or business entity that makes that representation, without valid departmental accreditation, may be enjoined from doing so by any court of competent jurisdiction upon suit by the department. (e) Each governmental agency within the state that governs and conducts activities related to plant quarantine or conducts a program to control the pests or diseases of nursery stock, plants, or seed shall accept the test results of any laboratory accredited under this section as being valid, unless the agency establishes specific criteria and standards for rejecting the results prior to the rejection and provides written justification to the state accrediting entity and laboratory stating the reasons the laboratory results do not meet the quarantine or disease or pest control program requirements under its jurisdiction. Any agency under this subdivision wishing to reject the accreditation of any laboratory or the test results of any laboratory accredited under this section must first obtain written approval from the secretary. (f) To assure validity and reliability, the department may specify, by order, the location or locations where the services described in subdivision (a) will be provided. (g) The department may establish, by regulation, a schedule of charges to cover the department’s costs for specific services it provides. Charges for the accreditation and monitoring of laboratories located outside the state shall include the expenses for all required travel and per diem and may include application, basic, initial, renewal, and other charges that the department deems necessary to cover its costs for accreditation and monitoring or auditing for compliance. Funds collected through cost-recovery charges are dedicated to, and may only be used for, carrying out the activities and functions specified in this article. (h) Notwithstanding any other provision of this code regarding the provision of the services described in subdivision (a), orders issued by the department and regulations establishing charges adopted by the secretary pursuant to this section shall not be subject to review, approval, or disapproval by the Office of Administrative Law. (i) Nothing in this section shall be construed to interfere with or supersede any existing inspection, quality assurance, or certification program conducted by an agricultural trade or commodity organization, and this section shall not be construed to require those programs to be certified or accredited by the department. (Amended by Stats. 2001, Ch. 256, Sec. 1. Effective January 1, 2002.)
  93. 58551.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    This section says the act’s name is the N. Waters-Nielsen-Vuich-Berryhill Foreign Market Development Export Incentive Program for California Agriculture Act, and it may be cited by that name.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58551. This act shall be known and may be cited as the N. Waters-Nielsen-Vuich-Berryhill Foreign Market Development Export Incentive Program for California Agriculture Act. (Amended by Stats. 1987, Ch. 1480, Sec. 3.)
  94. 58552.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The Legislature states that California policy is to encourage and promote sales of California agricultural products in foreign markets and to help farmers, processors, distributors, and exporters meet world market needs.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58552. (a) The Legislature finds and declares that it is the policy of this state to actively encourage and promote the sale of agricultural products of California in foreign markets and to assist farmers, processors, distributors, and exporters in meeting world market needs. (b) The Legislature further finds and declares, as being consistent with the Thurman Agricultural Policy Act (Chapter 6 (commencing with Section 801) of Part 1 of Division 1), both of the following: (1) The harvest from approximately one out of every four acres of California cropland is now sold in foreign markets, thus the state’s agricultural economy is dependent upon international trade. (2) It is in the public’s best interest to assist California agriculture in market development for agricultural products, and to expand world trade in these products to maximize growth in the state’s economy. (Amended by Stats. 1988, Ch. 614, Sec. 1.)
  95. 58553.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The definitions in this article apply to this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58553. The definitions in this article apply to this chapter. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  96. 58553.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    “Advisory committee” means the State Board of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58553.5. “Advisory committee” means the State Board of Food and Agriculture. (Added by Stats. 2002, Ch. 982, Sec. 3. Effective September 27, 2002.)
  97. 58554.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    This section defines “agricultural commodities.”

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58554. “Agricultural commodities” means the products of California farms and ranches and items processed from these products, and includes forest products, aquacultural products, and fish and fish products produced in California and livestock fed in feedlots located in California. (Amended by Stats. 1995, Ch. 810, Sec. 21. Effective January 1, 1996.)
  98. 58555.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The section defines “constraint” as a condition in a particular country or region that must be addressed to develop, expand, or maintain agricultural commodity exports.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58555. “Constraint” means a condition in a particular country or region which needs to be addressed in order to develop, expand, or maintain agricultural commodity exports. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  99. 58556.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    “Cooperator” means certain agricultural marketing organizations, trade associations, marketing order boards, or commissions that meet the stated criteria.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58556. “Cooperator” means a private or nonprofit agricultural marketing organization; a nonprofit trade association, whose members market agricultural commodities, which has demonstrated expertise in the promotion of agricultural commodities that will coordinate a foreign market development program for its members; a federal marketing order board for California produced agricultural commodities; or a state marketing order board or commission organized pursuant to this code operating in California which is actively engaged in the marketing of agricultural commodities and has entered into a project agreement with the department to contribute cash, goods, or services to a foreign market development program. (Amended by Stats. 1987, Ch. 155, Sec. 1. Effective July 10, 1987.)
  100. 58557.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    This section defines “marketing” for foreign-marketing provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58557. “Marketing” means the advertising, sale, and distribution of agricultural commodities, including private brands and trade names, in foreign markets. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  101. 58558.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    “Marketing plan” means the primary annual document prepared by cooperators and approved by the director for agricultural marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58558. “Marketing plan” means the primary annual document prepared by cooperators and approved by the director which defines activities and budgets addressing constraints and the marketing of agricultural commodities. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  102. 58559.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    A “project agreement” is a contract between the department and a cooperator for activities that address constraints and support agricultural commodity export sales.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58559. “Project agreement” means a contract between the department and a cooperator under which the cooperator agrees to conduct activities that both address constraints and encourage the development or maintenance of agricultural commodity export sales. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  103. 58560.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    “State funds” means funds made available by the department under a project agreement.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58560. “State funds” means the funds made available by the department under a project agreement. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  104. 58561.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    This section defines “third party cooperator.”

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58561. “Third party cooperator” means a foreign government or private organization which has entered into an agreement with a cooperator to join in the marketing of agricultural commodities. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  105. 58562.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The section defines “cooperator contributions” and says some government-provided funds, services, or personnel generally cannot be counted as contributions, with a specific exception for funds from a state marketing order board.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58562. “Cooperator contributions” means contributions of money, personnel, materials, facilities, services, or supplies, expressed in terms of United States dollar value, that are furnished by the cooperator and any third party cooperator to help carry out the terms of a project agreement. Funds, services, or personnel provided by any state or federal agency, except funds from a state marketing order board, including those funds allocated to carry out commodity transportation offset programs, agricultural commission organized pursuant to this code, or a federal marketing order board for California-produc ed commodities, cannot be counted as a contribution. (Amended by Stats. 1990, Ch. 100, Sec. 2. Effective May 18, 1990.)
  106. 58563.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The department must adopt regulations for this chapter, including criteria for cooperator contributions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58563. The department shall adopt regulations, including criteria to establish what constitutes cooperator contributions, necessary to effectuate this chapter. Whenever applicable, the regulations shall be consistent with similar regulations adopted by the Foreign Agriculture Service of the United States Department of Agriculture. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  107. 58564.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The department must help foreign buyers who want to purchase agricultural products produced in this state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58564. The department shall, as one of its functions, provide assistance to persons from foreign countries who desire to purchase agricultural products produced in this state. That assistance shall include advice on establishing business contacts that will meet the needs of the prospective purchaser. (Added by Stats. 1988, Ch. 614, Sec. 2.)
  108. 58565.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The department must use part of any extra funding above the original appropriation for agricultural market research, personnel training, and existing duties under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 1. General Provisions [58551 - 58565] ( Article 1 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58565. The department shall direct a portion of any additional funding, in excess of the original appropriation for purposes of this act, to be used for all of the following purposes: (a) To conduct agricultural market research, including trends in California agricultural industry and trends in foreign agricultural markets. The agricultural market research shall be utilized to determine viable opportunities to export California agricultural products successfully to foreign markets. (b) To conduct personnel training, including the training of California foreign trade office personnel. (c) To perform existing duties of the department under this chapter. (Added by Stats. 1998, Ch. 574, Sec. 1. Effective January 1, 1999.)
  109. 58571.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    Project agreements for foreign marketing may be made between the department and cooperators, but they need director approval of the marketing plan and the agreement before taking effect.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58571. (a) Project agreements may be entered into between the department and cooperators in order to address constraints and encourage the marketing of agricultural commodities in foreign countries. A project agreement may be limited to activities in one country, or may include activities in several countries. Project agreements shall include, but are not limited to, all of the following: (1) A description of the commodity, or commodities, for which a project agreement is being requested and a statement that California export availabilities are expected to be adequate during the life of the project. (2) A description of the applicant organization or firm. (3) A justification for participation in the foreign market development program. (4) A statement of proposed activities, including specific information on the activities to be conducted, the countries in which they will be undertaken, who will conduct or supervise them, and the expected results. (5) An estimate of the level of project funds required and an indication of the availability of industry resources to match project funds and personnel needed to carry out the proposed program. (b) Cooperator activities shall be described and budgeted in a marketing plan which becomes part of the project agreement. The marketing plan shall be separately submitted to the director who may approve or disapprove it. The marketing plan shall be reviewed annually at which time it may be revised by the cooperator or the department, or by both. (c) The marketing plan shall include all of the following: (1) The proposed expenditure of state funds and cooperator contributions. (2) Information on how much funding has been received from the Foreign Agriculture Service in the last five years and if those funds have been requested for the current year. (3) An identification of the constraints to expanding or maintaining California exports to each market area addressed by the plan. (4) A description of the proposed activities and the amount of funds, both state and cooperator, to be spent to overcome or mitigate the constraints for the commodity, or commodities, and the country, or countries, covered by the plan. (5) A report, if available, from local attachés or the counselors regarding potential marketing activities in their countries. (d) A project agreement may not go into effect pursuant to this chapter without the director’s approval of both the marketing plan and the agreement itself. (e) The cooperator shall administer and carry out the project agreement and shall permit the director or other state agencies to oversee and periodically inspect and investigate the administration of the project agreement. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  110. 58572.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The director may approve a project agreement only if it appears to help create, expand, or maintain markets abroad.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58572. (a) The director may only approve a project agreement that appears to effectively contribute to the creation, expansion, or maintenance of markets abroad. Primary emphasis shall be on commercial markets. The director shall give preference to project agreements that demonstrate potential for establishing long-term benefits. Special consideration may also be given for any of the following: (1) Cooperators who are new to the market. (2) New product promotion. (3) Cooperators who are unable to obtain federal cooperator status. (4) Cooperators whose project proposals involve foreign markets not currently authorized pursuant to regulations adopted by the Foreign Agricultural Service. (b) Approvals and priorities shall be based on the following criteria: (1) Potential for creating, maintaining, or increasing consumption and exports of California agricultural commodities to other countries. (2) Long-range contribution to California agricultural exports. (3) Ability of the cooperator to provide a competent staff and other resources to ensure adequate development, supervision, and execution of project activities. (4) Willingness and ability of private organizations to back up promotional activities with aggressive selling and adequate supplies of commodities of the quality desired by foreign buyers. (5) Competition in the market. (6) Cultural, political, and economic obstacles which restrict imports of California agricultural commodities into the markets. (7) An assessment of the project costs compared to the benefits of expanding California agricultural exports. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  111. 58573.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    Project agreements may promote a single commodity or a group of related commodities, and their activities should aim to increase consumer and commercial uses of agricultural commodities.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58573. Project agreements may promote either a single commodity or a group of related commodities. Activities shall be aimed at increasing both consumer and commercial uses for agricultural commodities. Activities carried out by cooperators fall under the following three categories: (a) Technical assistance, which includes activities to address technical problems related to trade impediments and to the sale, movement, processing, marketing, or utilization of agricultural commodities. (b) Market development activities, which include activities involving foreign traders, importers, wholesalers, retailers, and foreign government officials who import, distribute, and market agricultural commodities. (c) Consumer promotion activities, which include activities to influence consumers by changing attitudes toward, or making them aware of the advantages of utilizing, California agricultural products. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  112. 58574.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    State funds may be used only for approved, clearly identifiable project costs, the director must adopt anti-unauthorized-use regulations, and spending limits apply to administrative costs and each project agreement.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58574. (a) State funds may be used to pay costs which are essential to, and clearly identifiable with, the carrying out of the activities specified in the marketing plan approved by the director. (b) The director shall adopt regulations similar to those developed by the Foreign Agriculture Service of the United States Department of Agriculture to proscribe the unauthorized use of state funds pursuant to this chapter. (c) Not more than five hundred thousand dollars ($500,000) shall be annually appropriated for this program’s state administrative costs, as specified in the annual Budget Act. The funds appropriated for administrative costs pursuant to this subdivision shall be derived from the redistribution of the total amount of funds that are appropriated in the annual Budget Act by the Legislature to carry out this chapter. (d) Not more than 15 percent of the funds annually appropriated for this program shall be used for any one project agreement in any one year unless the director approves a higher level upon concurrence of a majority vote of the advisory committee authorized pursuant to Section 58576. (e) Cooperators shall provide an annual contribution which is equal to or greater than the amount of state funds utilized for each project agreement. (Amended by Stats. 1990, Ch. 100, Sec. 3. Effective May 18, 1990.)
  113. 58575.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    Activities under this chapter must be supplemental to, and not replace, federal market development activities.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58575. Activities undertaken pursuant to this chapter shall be supplemental to, and not a substitute for, any market development activities undertaken by the federal government. (Added by Stats. 1985, Ch. 1189, Sec. 2.)
  114. 58577.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    Certain project-agreement materials must be kept confidential, are exempt from the California Public Records Act, and the advisory committee may meet in closed session if the applicant requests it and the committee finds that to be in the program’s best interest.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58577. (a) (1) The director, the Director of General Services, and the advisory committee shall take necessary precautions to assure the confidentiality of the information that is contained in proposals for project agreements, market development plans, progress reports, documents in support of claims for funding under a project agreement, and other pertinent information submitted by individual marketing organizations. (2) This information is exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (b) Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the advisory committee may hold a closed meeting if an applicant requests that the submitted information not be discussed in an open meeting and the committee determines that it is in the best interest of the program to conduct a closed meeting for that purpose. (Amended by Stats. 2021, Ch. 615, Sec. 130. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  115. 58578.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    Project agreements under this chapter must be submitted to the Director of General Services for approval, unless exempt under the Public Contract Code.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58578. All project agreements entered into pursuant to this chapter, unless exempted in accordance with Section 10351 of the Public Contract Code, shall be submitted to the Director of General Services for approval. The director shall have 15 working days from the date of submittal to review and approve or disapprove. (Added by Stats. 1986, Ch. 218, Sec. 5. Effective June 30, 1986.)
  116. 58580.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The director may separately fund project proposals from certain agricultural marketing organizations, boards, or commissions engaged in marketing the same commodities.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 2. Project Agreements [58571 - 58580] ( Article 2 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58580. Nothing in this chapter precludes the director from separately funding project proposals coming from private or nonprofit agricultural marketing organizations, state marketing order boards, or commissions which are actively engaged in the marketing of the same commodities. (Added by Stats. 1986, Ch. 218, Sec. 7. Effective June 30, 1986.)
  117. 58582.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 3. Funding [58582 - 58583] ( Article 3 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The California Agricultural Export Promotion Account is created, funded from specified private and industry sources, and its money must be used only for qualifying export promotion, public relations, and related representational expenses within set limits.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 3. Funding [58582 - 58583] ( Article 3 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58582. (a) The California Agricultural Export Promotion Account is hereby created in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated to the secretary to support export promotional and public relations activities conducted generally and pursuant to this chapter. (b) The account shall consist exclusively of funds received for the purpose of subdivision (a) from private industry sources, marketing order advisory boards established pursuant to Chapter 1 (commencing with Section 58601) of Part 2, and agricultural councils and agricultural commissions established pursuant to Division 22 (commencing with Section 64001). (c) Funds expended from the account shall be used exclusively for activities that directly benefit the industry sources from which the funds are derived. (d) Consistent with subdivision (c), funds expended from the account may be used for representational allowance expenditures for the purpose of providing proper representation of California to foreign government officials and federal officials of the United States, which shall include both of the following: (1) Business-related meals that include the participation of foreign government officials or federal officials of the United States and the California agricultural industry, not to exceed 300 percent of established per diem rates. (2) Representational gifts, not to exceed one hundred dollars ($100) per item. (Amended by Stats. 2024, Ch. 577, Sec. 1. (AB 2832) Effective January 1, 2025.)
  118. 58583.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 3. Funding [58582 - 58583] ( Article 3 added by Stats. 1985, Ch. 1189, Sec. 2. )

    Verify source ↗

    The secretary may use specified state and federal funds to enter into goods and services contracts for certain export-promotion activities, and those contracts are exempt from contracting requirements that apply only to state contracts.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Foreign Marketing [58551 - 58583] ( Chapter 6 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## ARTICLE 3. Funding [58582 - 58583] ( Article 3 added by Stats. 1985, Ch. 1189, Sec. 2. ) ## 58583. The secretary may enter into goods and services contracts using funds from the California Agricultural Export Promotion Account for the activities described in subdivision (c) of Section 58582 and using federal funds authorized for international activities, as necessary. Notwithstanding any other law, those goods and services contracts shall be exempt from any contracting requirements applicable only to state contracts, including, but not limited to, Section 10295 of the Public Contract Code. (Added by Stats. 2024, Ch. 577, Sec. 2. (AB 2832) Effective January 1, 2025.)
  119. 58595.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Institutional Purchasers of Agricultural Products [58595- 58595.] ( Chapter 7 added by Stats. 2017, Ch. 785, Sec. 2. )

    Verify source ↗

    Some California public institutions that buy agricultural food products must work toward a 60% in-state purchasing goal by December 31, 2025, and local educational agencies must prefer California-grown bids when the price and quality conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Institutional Purchasers of Agricultural Products [58595- 58595.] ( Chapter 7 added by Stats. 2017, Ch. 785, Sec. 2. ) ## 58595. (a) A California state-owned or state-run institution that purchases agricultural food products shall implement necessary practices to achieve a goal of ensuring that at least 60 percent of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. (b) Subdivision (a) does not apply to segments of public postsecondary education or local educational agencies. (c) A local educational agency that solicits bids for the purchase of an agricultural food product shall accept a bid or price for that agricultural food product when it is grown in California before accepting a bid or price for a domestic agricultural food product that is grown outside the state, when both of the following are met: (1) The bid or price of the California-grown agricultural food product does not exceed the lowest bid or price for a domestic agricultural food product produced outside the state. (2) The quality of the California-grown agricultural food product is comparable to that domestic agricultural food product produced outside the state. (d) This section shall neither limit nor expand California’s obligations under the Agreement on Government Procurement of the World Trade Organization. (e) For purposes of this section, the following definitions apply: (1) “Agricultural food product” means any fresh or processed food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, livestock meats, poultry meats, rabbit meats, and fish, including shellfish. (2) “Local educational agency” has the same meaning as defined in Section 49557.5 of the Education Code. (3) “Segment of public postsecondary education” means a segment of public higher education described in Section 66010 of the Education Code. (Amended by Stats. 2022, Ch. 576, Sec. 2. (AB 778) Effective January 1, 2023.)
  120. 58596.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. )

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    This chapter is named the Buy American Food Act and may be cited by that name.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. ) ## 58596.1. This chapter shall be known, and may be cited, as the Buy American Food Act. (Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
  121. 58596.2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. )

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    This section defines key terms used in the Buy American Food Act chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. ) ## 58596.2. For purposes of this chapter, the following definitions apply: (a) “Agricultural food product” means a fresh or processed product, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, grains, livestock meats, poultry meats, and fish, including shellfish. (b) “Domestic” means inside of the United States. (c) “Local educational agency” has the same meaning as defined in Section 49557.5 of the Education Code. (d) “Nondomestic” means outside of the United States. (e) “Public institution” means any state, city, or county agency, including a public postsecondary educational institution and a local educational agency as defined by this section. (f) “Public postsecondary educational institution” means the California Community Colleges and the California State University, but not the University of California. (Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
  122. 58596.3.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. )

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    Public institutions using federal meal reimbursement funds for prepared meals must require domestic agricultural food products in bids and contracts, with stated price, quality, and supply exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. ) ## 58596.3. (a) A public institution that receives federal meal reimbursement funding to provide prepared meals and that solicits bids for the purchase of an agricultural food product shall include in their solicitation for bids and contracts that only the purchase of agricultural food products grown, packed, or processed domestically is authorized, unless any of the following applies: (1) The bid or price of the nondomestic agricultural food product is more than 25 percent lower than the bid or price of the domestic agricultural food product. (2) The quality of the domestic agricultural food product is inferior to the quality of the agricultural food product grown, packed, or produced nondomestically. (3) The agricultural food product is not produced or manufactured domestically in sufficient and reasonably available quantities of a satisfactory quality to meet the needs of the public institution. (b) Subdivision (a) shall not apply to any of the following: (1) The Child and Adult Care Food Program. (2) The Summer Food Service Program. (3) The Department of Corrections and Rehabilitation. (c) Subdivision (a) shall not apply to agricultural food products purchased by or provided to a public institution through the United States Department of Agriculture. (d) (1) A public institution subject to this section shall retain documentation relating to bids or contracts for, and for the purchase of, agricultural food products for three years from the date of purchase. (2) The documentation required to be retained pursuant to paragraph (1) shall be made available to the public upon request during the applicable three-year period. The requirement of this paragraph may be satisfied by providing documentation that may include, but is not limited to, vendor invoices or contract specifications requiring that vendors meet the requirements of this section. (e) If a vendor substitutes an agricultural food product without notice or because a product is not available, the public institution shall not be in violation of this section. (f) This section shall neither limit nor expand California’s obligations under the Agreement on Government Procurement of the World Trade Organization. (g) Local educational agencies with an annual federal meal reimbursement of less than one million dollars ($1,000,000) are exempt from this section. (h) (1) This section shall become operative on January 1, 2024. (2) If an existing contract is in place between a public institution and a food supplier on January 1, 2024, this section shall apply to that public institution upon the next successive contract. (Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Operative January 1, 2024, by its own provisions. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
  123. 58596.4.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. )

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    Local educational agencies in certain school meal programs may report agricultural food price increases over 25% to the State Department of Education, and the Department must post aggregate reports and add a related question to its annual review.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. ) ## 58596.4. (a) To monitor price gouging, any local educational agency participating in a federal school lunch or school meal program subject to subdivision (a) of Section 58596.3 may report to the State Department of Education any increases in the prices of agricultural food products that exceeds 25 percent of the previous year’s prices and is encouraged to retain documentation to support the complaint. Documentation may include, but is not limited to, an invoice, receipt, or bill of sale. (b) The State Department of Education shall annually post on its internet website the aggregate information on reports received from local educational agencies pursuant to subdivision (a) on price increases. (c) The State Department of Education shall add a question to the administrative review required pursuant to Section 210.18 of Title 7 of the Code of Federal Regulations (7 C.F.R. 210.18) regarding any increases of the price of agricultural food products and the annual costs associated with implementing Section 58596.3. (Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
  124. 58596.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. )

    Verify source ↗

    This chapter stays in effect only until January 1, 2029, when it is repealed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERAL PROVISIONS [58001 - 58596.5] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. The Buy American Food Act [58596.1 - 58596.5] ( Chapter 8 added by Stats. 2022, Ch. 602, Sec. 2. ) ## 58596.5. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 8, commencing with Section 58596.1.)
  125. 58601.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the chapter is called “The California Marketing Act of 1937.”

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58601. This chapter shall be known as “The California Marketing Act of 1937.” (Enacted by Stats. 1967, Ch. 15.)
  126. 58602.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article’s definitions control how the chapter is read, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58602. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  127. 58603.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “administrative rules and regulations” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58603. “Administrative rules and regulations” means rules and regulations that are applicable to a particular marketing order or agreement which are issued and made effective by the director pursuant to Article 18 (commencing with Section 59161) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  128. 58604.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “advertising and sales promotion” broadly.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58604. “Advertising and sales promotion” means, in addition to its ordinarily accepted meaning, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the free flow of any commodity to market and may include the presentation of facts to, and negotiations with, state, federal, or foreign governmental agencies on matters which affect the marketing of any commodity that is included in any marketing order or marketing agreement which is made effective pursuant to the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  129. 58604.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section expands “advertising and sales promotion” to include certain trade-barrier removal activities and reimbursement payments, and it restricts use of domestic f.o.b. selling price in reimbursement qualification decisions unless the director finds no feasible alternative.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58604.5. “Advertising and sales promotion” also means, in addition to its ordinary accepted meaning, activities for the modification or removal of trade barriers that restrict the free flow of a commodity to market, including negotiation with federal and foreign governments, and the allowance of reimbursement payments to offset commodity transportation or other costs to selected domestic and foreign markets. Domestic f.o.b. selling price shall not be used as a factor in determining qualifications for reimbursement payments unless the director determines that there is no feasible alternative for establishing these qualifications. (Amended by Stats. 1990, Ch. 312, Sec. 1.)
  130. 58605.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “commodity” for the chapter and excludes timber and timber products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58605. “Commodity,” except as otherwise provided in Section 58747, means any agricultural, aquacultural, horticultural (including floricultural), vermicultural, viticultural (including wine) or vegetable product which is produced in this state, any fish or seafood, or any class, variety, or utilization of that product, either in its natural state or as processed by a processor or as processed by a producer for the purpose of marketing that product. It includes bees, honey, and milk as defined in Section 32511. It does not, however, include timber or any timber product. The Legislature hereby declares that the addition of the phrase “(including wine)” in this section is made for the purpose of clarification only and shall not be construed or interpreted as an indication that wine is not a commodity as originally defined by Chapter 404, Statutes of 1937, and as heretofore amended. The Legislature further declares that at the time of the original enactment of the definition of the term “commodity” and at all times since, it intended that wine be, and wine was, included within the definition of the term. Every marketing order issued, signed, or declared effective prior to July 15, 1941, and every act of the director prior to such date which was performed pursuant to the provisions of this chapter and consistent with the declarations which are contained in this paragraph are hereby confirmed, ratified, and validated. (Amended by Stats. 1995, Ch. 810, Sec. 22. Effective January 1, 1996.)
  131. 58606.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “directly affecting” and “directly affected” as meaning direct regulation of a person, including paying assessments under certain marketing orders or agreements.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58606. “Directly affecting” or “directly affected” is synonymous with “directly regulating” and “directly regulated,” and means the direct application of regulations upon any person, including the requirement to pay assessments which are levied pursuant to any marketing order or marketing agreement which is issued by the director pursuant to this chapter. A requirement upon handlers to deduct and remit to the director assessments that are owed by producers under a marketing order or marketing agreement which is applicable upon producers only, does not, however, directly regulate such handlers. (Enacted by Stats. 1967, Ch. 15.)
  132. 58607.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “distributing” as engaging in the business of a distributor under Section 58608.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58607. “Distributing” means engaging in the business of a distributor as defined in Section 58608. (Enacted by Stats. 1967, Ch. 15.)
  133. 58608.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “distributor” for the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58608. “Distributor” means any person that engages in the operation of selling, marketing, or distributing, in intrastate commerce any commodity 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. It does not, however, include a retailer, except a retailer that purchases or acquires from, or handles on behalf of any producer, any commodity which was not previously subjected to regulation by the marketing order which covers such commodity. (Enacted by Stats. 1967, Ch. 15.)
  134. 58608.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “educational program” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58608.1. “Educational program,” unless otherwise defined in this chapter, means a program established by the director pursuant to this chapter that provides for the planning and implementation of activities designed to inform the general public of the processes of producing agricultural commodities and designed to foster cooperation and understanding between urban and rural sectors of society. (Added by Stats. 1991, Ch. 385, Sec. 1.)
  135. 58609.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “fish” for this code section.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58609. “Fish” means every form of fish, either salt water or fresh water fish, which is used for human consumption, except fish for canning, retorting, reduction, or use in an extraction process. (Enacted by Stats. 1967, Ch. 15.)
  136. 58610.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “general rules and regulations” and gives the director power to issue them for marketing orders and marketing agreements.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58610. “General rules and regulations” means rules and regulations, which are applicable to all marketing orders and marketing agreements and are issued and made effective by the director without prior notice and public hearing, to provide uniform methods and procedures to facilitate the administration and enforcement of all such marketing orders and marketing agreements. Such uniform methods and procedures may include but shall not be limited to any of the following: (a) Methods and procedures which pertain to the receiving, depositing, and expenditure of moneys which are received from assessments collected pursuant to this chapter. (b) The preparation, handling, and payment of claim schedules for the payment of bills, salaries, and other obligations. (c) Establishing the maximum rates to be allowed for travel expenses of board members and board employees. (d) The preparation, verification, and filing of evidence which relates to violations of marketing orders, agreements, and marketing regulations which are authorized pursuant to this chapter and other fiscal and administrative activities which the director finds are necessary to obtain reasonable uniformity, efficiency, and economy in the administration and enforcement of such marketing orders and agreements of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  137. 58611.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “handler,” generally as a person who distributes or processes commodities in intrastate commerce within the state, with a separate definition for fish and seafood.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58611. “Handler,” except with respect to fish and seafood, means any person that is engaged within this state as a distributor in the business of distributing any commodity in intrastate commerce, or any person that is engaged as a processor in the business of processing any commodity. With respect to fish and seafood, it means any person that is engaged in the business of the distribution or sale of fish or seafood to restaurants, or to retailers for resale to consumers, or to any other persons or concerns for resale or for sale direct to consumers. (Enacted by Stats. 1967, Ch. 15.)
  138. 58612.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Handling” means engaging in the business of a handler as defined in Section 58611.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58612. “Handling” means engaging in the business of a handler as defined in Section 58611. (Enacted by Stats. 1967, Ch. 15.)
  139. 58613.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Major amendments” means amendments to marketing orders or agreements made under Article 13, but not seasonal marketing regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58613. “Major amendments” mean amendments to any marketing order or agreement which are made pursuant to Article 13 (commencing with Section 59021) of this chapter. It does not include a seasonal marketing regulation. (Enacted by Stats. 1967, Ch. 15.)
  140. 58614.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “marketed by producers” to mean producer marketing as defined in Section 58621.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58614. “Marketed by producers” means producer marketing, as defined by Section 58621. (Enacted by Stats. 1967, Ch. 15.)
  141. 58615.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order is an order issued by the director under this chapter that sets rules and regulations for processing, distributing, or handling commodities in California during a specified period.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58615. “Marketing order” means an order which is issued by the director, pursuant to this chapter, which prescribes rules and regulations that govern the processing, distributing, or handling in any manner of any commodity within this state during any specified period. (Enacted by Stats. 1967, Ch. 15.)
  142. 58616.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “minor amendments” to marketing orders or agreements and says the director may make them effective on recommendation of the relevant advisory board.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58616. “Minor amendments” are amendments to any marketing order or agreement which are made effective by the director upon recommendation of the advisory board which is concerned, as specified in Article 14 (commencing with Section 59051) of this chapter, with or without prior notice and public hearing, which change or modify the language or the provisions of any such marketing order or agreement for the purpose of clarification, or the removal of conflicts of meaning without involving changes or modifications of language, or provisions which are classed as major amendments. (Enacted by Stats. 1967, Ch. 15.)
  143. 58617.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “person” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58617. “Person” means an individual, firm, corporation, association, or any other business unit, and, for the purposes of this chapter, includes any state agency which engages in any of the commercial activities which are regulated pursuant to the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  144. 58618.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Processing” means engaging in the business of a processor as defined in Section 58619.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58618. “Processing” means engaging in the business of a processor as defined in Section 58619. (Enacted by Stats. 1967, Ch. 15.)
  145. 58619.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “processor” for the California Marketing Act.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58619. “Processor” means any person that is engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of any commodity for the purpose of preparing it for market or of marketing such commodity, or any other activities which are performed for the purpose of preparing it for market or of marketing such commodity. It does not, however, include a person that is engaged in manufacturing from any commodity, so changed in form, another and different product. (Enacted by Stats. 1967, Ch. 15.)
  146. 58620.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Producer” means a person engaged in this state in producing, or causing to be produced for market, a commodity.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58620. “Producer” means any person that is engaged within this state in the business of producing, or causing to be produced for market, any commodity. (Enacted by Stats. 1967, Ch. 15.)
  147. 58621.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “producer marketing” as a producer’s operations in preparing a commodity for market, including selling, delivering, or disposing of it for commercial purposes to a handler.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58621. “Producer marketing” means any or all operations which are performed by any producer in preparing for market. It includes selling, delivering, or disposing of for commercial purposes, to any handler any commodity which the producer has produced. (Enacted by Stats. 1967, Ch. 15.)
  148. 58622.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “retailer” as a person who buys or acquires a commodity to resell it at retail to the general public for off-premises consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58622. “Retailer” means any person that purchases or acquires any commodity for resale at retail to the general public for consumption off the premises. Such person is also included within the definition of distributor, to the extent that such person engages in the business of a distributor as defined in Section 58607. (Enacted by Stats. 1967, Ch. 15.)
  149. 58623.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “seafood” as shellfish and other animal or plant life taken from fresh or salt water for human consumption, with specified exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58623. “Seafood” means shellfish and every other form of animal or plant life which is taken from fresh or salt water and used for human consumption, except seafood which is used for canning, retorting, reduction, or used in an extraction process. (Enacted by Stats. 1967, Ch. 15.)
  150. 58624.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Seasonal marketing regulations” means marketing regulations for a particular marketing order or agreement that the director makes effective under Article 19.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [58601 - 58624] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 58624. “Seasonal marketing regulations” mean marketing regulations that are applicable to a particular marketing order or agreement which are made effective by the director pursuant to Article 19 (commencing with Section 59171) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  151. 58651.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section declares that certain marketing conditions for agricultural commodities cause economic waste and harm producers, consumers, and the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58651. It is hereby declared that the marketing of commodities in this state in excess of reasonable and normal market demands therefor; disorderly marketing of such commodities; improper preparation for market and lack of uniform grading and classification of commodities; unfair methods of competition in the marketing of commodities; and the inability of individual producers to maintain present markets or to develop new or larger markets for California-grown commodities, results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state. Such conditions and the accompanying waste jeopardize the future continued production of adequate supplies of food, fiber, and other products of the farm and of the soil for the people of this and other states, and prevent producers from obtaining a fair return from their labor, their farms, and the commodities which they produce. As a consequence, the purchasing power of such producers has been in the past, and may continue to be in the future, unless such conditions are remedied, low in relation to that of persons engaged in other gainful occupations within the state. Producers are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and educational functions, thus tending to increase unfairly the tax burdens of other citizens of this state. (Enacted by Stats. 1967, Ch. 15.)
  152. 58652.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states California’s policy to help producers reduce economic waste in marketing and improve marketing methods and purchasing power.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58652. These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is hereby declared to be the policy of this state to aid producers in preventing economic waste in the marketing of their commodities, to develop more efficient and equitable methods in the marketing of commodities and to aid producers in restoring and maintaining their purchasing power at a more adequate, equitable and reasonable level. (Enacted by Stats. 1967, Ch. 15.)
  153. 58653.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says marketing commodities in the state is a matter of public interest and that the chapter is enacted under the state’s police powers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58653. The marketing of commodities within this state is hereby declared to be affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Enacted by Stats. 1967, Ch. 15.)
  154. 58654.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states the chapter’s purposes: to help producers market commodities more effectively with state support, promote orderly marketing, require uniform grading and proper preparation, support markets and reduce trade barriers, reduce economic waste, restore purchasing power, inform the public about agricultural production, and encourage urban-rural cooperation.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58654. The purposes of this chapter are to do the following: (a) Enable producers of this state, with the aid of the state, to correlate more effectively the marketing of their commodities with market demands for those commodities. (b) Establish orderly marketing of commodities. (c) Provide for uniform grading and proper preparation of commodities for market. (d) Provide methods and means for the maintenance of present markets, or for the development of new or larger markets, for commodities that are grown within this state or for the prevention, modification, or elimination of trade barriers that obstruct the free flow of those commodities to market. (e) Eliminate or reduce economic waste in the marketing of commodities. (f) Restore and maintain adequate purchasing power for the producers of this state. (g) Inform the general public of the processes of producing agricultural commodities. (h) Foster cooperation and understanding between urban and rural sectors of society. (Amended by Stats. 1991, Ch. 385, Sec. 2.)
  155. 58655.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If conduct complied with this chapter or an authorized marketing order, that compliance is a complete defense in civil or criminal proceedings covered by this section.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58655. In any civil or criminal action or proceeding for violation of any of the following, proof that the act which is complained of was done in compliance with the provisions of this chapter or a marketing order which is issued pursuant to, and in furtherance of the purposes and provisions of this chapter, is a complete defense to such action or proceeding: (a) The Cartwright Act, Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code. (b) The Unfair Practices Act, Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code. (c) The Fair Trade Act, Chapter 3 (commencing with Section 16900), Part 2, Division 7 of the Business and Professions Code. (d) Any rule of statutory or common law against monopolies or combinations in restraint of trade. (Enacted by Stats. 1967, Ch. 15.)
  156. 58657.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section extends certain chapter marketing rules to fish and seafood, and to people who handle, process, or distribute them.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58657. The provisions of this chapter regarding the marketing of commodities are applicable to fish and seafood and persons that handle, process, or distribute fish and seafood. Any marketing order or agreement relating to fish and seafood shall affect handlers only. It may include only those provisions which are authorized by Sections 58889 and 58892, and any other provisions of this chapter necessary to carry out the purposes of Sections 58889 and 58892. Such provisions shall apply to all fish and seafood whether or not they are a product of this state. (Amended by Stats. 1969, Ch. 702.)
  157. 58658.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If part of this chapter is held unconstitutional, the rest still remains in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58658. If any section, sentence, clause, or part of this chapter is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this chapter. The Legislature hereby declares that it would have passed this chapter and each section, sentence, clause, and part of this chapter despite the fact that one or more sections, sentences, clauses, or parts of this chapter is declared unconstitutional. (Enacted by Stats. 1967, Ch. 15.)
  158. 58659.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a marketing order or agreement is suspended, amended, or terminated, any cause of action that already accrued under it still continues.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58659. The suspension, amendment, or termination of any marketing order or marketing agreement does not suspend or terminate any cause of action which has accrued under it, but such cause of action shall survive and exist the same as if such marketing order or agreement had not been suspended, amended, or terminated. (Enacted by Stats. 1967, Ch. 15.)
  159. 58660.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states that specified amendments were enacted under the state's power to protect and further public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58660. It is hereby declared, as a matter of legislative determination, that the amendments of the statutory predecessor of Sections 58651 to 58653, inclusive, (former Section 1300.10) which were made at the 1959 General Session are enacted in the exercise of the power of this state for the purpose of protecting and furthering the public health and welfare. (Enacted by Stats. 1967, Ch. 15.)
  160. 58661.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In this chapter, “volume” or “quantity” may be measured as gross dollar value if the director finds the amount cannot be readily determined otherwise or that gross dollar value is a more equitable measure, except for Article 9.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [58651 - 58661] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 58661. The term volume, or quantity, as used in this chapter, except Article 9 (commencing with Section 58881), may be in terms of gross dollar value if the director finds that such volume or quantity cannot be readily ascertained otherwise, or that gross dollar value is a more equitable measure of the commodity involved. (Added by Stats. 1970, Ch. 1176.)
  161. 58681.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [58681 - 58682] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter does not apply to certain orders, rules, or regulations from the Public Utilities Commission or the Interstate Commerce Commission about common carriers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [58681 - 58682] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 58681. This chapter does not apply to any order, rule, or regulation which is issued, or is issuable, by the Public Utilities Commission or the Interstate Commerce Commission with respect to the operation of common carriers. (Enacted by Stats. 1967, Ch. 15.)
  162. 58682.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [58681 - 58682] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter does not apply to commodity retailers unless they also produce, process, or distribute a commodity.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [58681 - 58682] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 58682. This chapter is not applicable to any retailer of any commodity except to the extent that such retailer also engages in the production, processing or distribution of any commodity. (Amended by Stats. 1969, Ch. 702.)
  163. 587.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9.5. Coexistence Working Groups [587 - 588] ( Article 9.5 added by Stats. 2007, Ch. 324, Sec. 1. )

    Verify source ↗

    The Legislature states that it supports farmers’ choices about farming methods, practices, and crops, and values diversified agriculture and coexistence.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9.5. Coexistence Working Groups [587 - 588] ( Article 9.5 added by Stats. 2007, Ch. 324, Sec. 1. ) ## 587. The Legislature finds and declares the following: (a) The Legislature supports the agricultural community’s efforts to promote choices of farming methods, practices, and crops. (b) The Legislature also recognizes the economic and other value to the State of California in diversified agricultural industries, bolstered by mutually supportive coexistence within and among its sectors; and further appreciates the value and importance of agricultural research for the benefit not only of California’s farming community, but also farmers and people around the world. (Added by Stats. 2007, Ch. 324, Sec. 1. Effective January 1, 2008.)
  164. 58711.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must administer and enforce this chapter and may use certain administrative powers from the Government Code.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 58711. The director shall administer and enforce this chapter and may exercise any or all of the administrative powers which are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon the head of a department of the state. (Enacted by Stats. 1967, Ch. 15.)
  165. 58712.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue, administer, and enforce marketing order provisions for orders under this chapter that regulate producer marketing or commodity handling in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 58712. In order to effectuate the declared purposes of this chapter, the director may issue, administer, and enforce the provisions of any marketing order issued pursuant to this chapter which regulates producer marketing or the handling of any commodity within this state. (Enacted by Stats. 1967, Ch. 15.)
  166. 58713.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may cooperate with authorities in other states and the United States, hold joint hearings, issue joint or concurrent marketing orders, and exercise administrative authority under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 58713. The director may do all of the following: (a) Confer and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, or orders. (b) Conduct joint hearings and issue joint or concurrent marketing orders for the purposes and within the standards which are set forth in this chapter. (c) Exercise any administrative authority which is prescribed by this chapter to effect such uniformity of administration and regulation. (Enacted by Stats. 1967, Ch. 15.)
  167. 58714.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may buy general liability insurance for marketing orders, and the affected marketing orders must pay the cost pro rata.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [58711 - 58714] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 58714. The director may purchase general liability insurance for all marketing orders subject to the provisions of this chapter in an amount he or she determines as necessary. The cost of the insurance shall be paid by the affected marketing orders on a pro rata basis. The insurance policy shall name the director, in his or her official capacity, and all persons, collectively, that are subject to the marketing order as insured parties for claims made against the marketing order in its advisory capacity to the director or against the director regarding the activities of a marketing order. The director, after consultation with the Attorney General, may refer claims to the insurance carrier for appropriate action. In the alternative, the director may require that claims be handled in the manner otherwise specified in this chapter. (Added by Stats. 1989, Ch. 383, Sec. 1.)
  168. 58741.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue marketing orders that regulate producer marketing and the processing, distributing, or handling of commodities within the state, subject to this chapter’s limits.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58741. Subject to the provisions, restrictions, and limitations which are imposed in this chapter, the director may issue marketing orders which regulate producer marketing, the processing, distributing, or handling in any manner of any commodity by any and all persons that are engaged in such producer marketing, processing, distributing, or handling of such commodity within this state. (Enacted by Stats. 1967, Ch. 15.)
  169. 58741.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may establish an educational program affecting producers of commodities produced in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58741.1. Subject to Section 58993.1, the director may establish an educational program, as defined in Section 58608.1, directly affecting producers of all commodities produced in this state. If established, the educational program shall be created with all the powers, rights, and duties set forth in this chapter, except that it shall not be subject to Section 58749 or 58993. (Added by Stats. 1991, Ch. 385, Sec. 3.)
  170. 58742.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue marketing orders for certain California commodities, but only within Article 7 limits and only where federal marketing powers are not already being exercised.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58742. The director may also, subject to the restriction and limitations which are contained in Article 7 (commencing with Section 58811) of this chapter, issue marketing orders which regulate the handling, processing, preparation for marketing, or marketing of any or all portions of any commodity which is produced in this state for which marketing regulatory powers are not being exercised by the federal government pursuant to the Marketing Agreement Act of 1937 (50 Stat. 249). (Enacted by Stats. 1967, Ch. 15.)
  171. 58743.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue a marketing order for a commodity in California if it helps carry out the chapter’s purposes and fits the chapter’s standards.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58743. If the director finds that it tends to effectuate the declared purposes of this chapter within the standards which are prescribed in this chapter, the director may issue a marketing order, applicable to the marketing, within this state, of any commodity, which contains like terms, provisions, methods, and procedures as any license or order that regulates the marketing of such commodity in interstate or foreign commerce which is issued by the Secretary of Agriculture of the United States pursuant to the provisions of any law or laws of the United States. In selecting the members of any board or other advisory agency under such marketing order, the director shall, insofar as practicable, utilize the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflicting personnel. Any board, agency, or committee so appointed by the director shall be responsible to the director for the performance of such of their duties as relate to the administration of any such marketing order which is issued by the director pursuant to this section. (Enacted by Stats. 1967, Ch. 15.)
  172. 58744.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may limit a marketing order to a specific marketing area, but may not issue one unless it covers all persons of a like class in the relevant agricultural industry or trade within the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58744. Any marketing order which is issued by the director pursuant to this chapter may be limited in its application by prescribing the marketing area or portion of the state in which it shall be effective. A marketing order shall not, however, be issued by the director unless it embraces all persons of a like class that are engaged in a specific and distinctive agricultural industry or trade within this state. (Enacted by Stats. 1967, Ch. 15.)
  173. 58745.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may enter into marketing agreements with processors, distributors, producers, and others handling a commodity, after notice and a hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58745. In order to effectuate the declared policy of this chapter, the director may also, after due notice and opportunity for hearing, enter into marketing agreements with processors, distributors, producers, and others that are engaged in the handling of any commodity, which regulate the preparation for market and handling of such commodity. Such marketing agreements are binding upon the signatories to the agreements exclusively. (Enacted by Stats. 1967, Ch. 15.)
  174. 58746.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section makes most marketing-order rules apply to marketing agreements, but exempts specified sections and requires the director to make certain findings before issuing an agreement or amendment.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58746. The purposes and provisions of the chapter which relate to marketing orders are applicable to marketing agreements except as follows: (a) Section 58779, which requires the preparation of an official list of the names and addresses of all producers and the volume of the commodity which was produced or marketed by all the producers in the preceding marketing season and a list of the names and addresses of all handlers and the volume of the commodity which was handled by all the handlers, during the preceding marketing season, is not applicable to marketing agreements. (b) Sections 58991 to 58998, inclusive, and Sections 59082 to 59086, inclusive, are not applicable to marketing agreements. Prior to the issuance of any marketing agreement, or amendment to it, the director shall, however, find, in addition to the findings which are set forth in Section 58813, that the marketing agreement, or any amendment to it, has been assented to by a sufficient number of signatories that handle a sufficient volume of the commodity which is affected to accomplish the objectives of the agreement or amendment and provide sufficient moneys from assessments levied to defray the necessary expenses of formulation, issuance, administration, and enforcement. (c) Section 59233 is not applicable to marketing agreements. (Amended by Stats. 1984, Ch. 706, Sec. 2.)
  175. 58747.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue and make effective marketing orders or agreements, but only with provisions authorized by the listed sections and only for regulated commodities handled within the state.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58747. Notwithstanding the provisions of Section 58605, the director may issue and make effective marketing orders or marketing agreements that affect handlers only which include only the provisions which are authorized in Sections 58889, 58890, 58892, 58893, and 58894, or any of such provisions, but no others, as may be applicable to the commodity that is regulated which is handled within this state, without regard to whether or not such commodity is produced within this state. (Enacted by Stats. 1967, Ch. 15.)
  176. 58748.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not process, distribute, or otherwise handle a regulated commodity that fails required minimum quality, condition, size, or maturity standards, unless the order or agreement says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58748. If producers or handlers of any commodity which is regulated by a marketing order or marketing agreement that is issued by the director pursuant to the provisions of this chapter are required to comply with minimum quality, condition, size, or maturity regulations, no person may, except as otherwise provided in such order or agreement, process, distribute, or otherwise handle any of such commodity from any source, whether produced within or without this state, which commodity does not meet such minimum requirements applicable upon producers or handlers of such commodity in this state. Such regulations do not, however, apply to any commodity which has been produced outside of this state and is in transit on the effective date of the regulations. (Enacted by Stats. 1967, Ch. 15.)
  177. 58749.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue a marketing order or agreement covering two or more commodities, and affected producers or handlers keep the chapter’s rights and privileges.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58749. The director may issue and make effective a marketing order or marketing agreement which applies to two or more commodities. The producers or handlers of each commodity encompassed by such marketing order or agreement shall have all rights and privileges contained in this chapter as though such producers or handlers were directly affected by a marketing order or agreement regulating only a single commodity. If the producers or handlers of one commodity who are directly affected by a marketing order or agreement which applies to two or more commodities act to enjoin, amend, suspend or terminate the provisions thereof to such commodity, the order or agreement shall not be enjoined, amended, suspended or terminated with respect to any other commodity regulated by such order or agreement unless the director finds such injunction, amendment, suspension, or termination respecting one commodity makes continuance of the order or agreement no longer feasible or it fails to attain the objectives of this chapter. Unless the director makes findings to the contrary, a marketing order or agreement applicable to more than one commodity is deemed to be severable with respect to each commodity encompassed by it and also severable as to each sentence, clause, or part as it applies to each commodity. There shall be a clear and concise definition or identification of each commodity regulated by such multiple commodity marketing order or agreement. (Added by Stats. 1970, Ch. 496.)
  178. 58750.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section creates the Buy California Program, lets the secretary issue a marketing agreement, and requires the department to report to the Legislature each January 1 while the section is operative.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Marketing Orders and Agreements [58741 - 58750] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 58750. (a) There is within the Department of Food and Agriculture a public and private collaboration known as the “Buy California Program.” The purposes of the program are to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products. (b) Pursuant to Section 58749, and in accordance with the provisions of this chapter, the secretary may issue and make effective a marketing agreement and be advised by those elements of the production agriculture and food processing industry willing to participate in the program via co-funding or in-kind contributions in a manner defined under the agreement. (c) The department shall report to the Legislature on January 1, 2002, and each successive January 1 while this section is operative, regarding its expenditures, progress, and ongoing priorities with this program. (d) The Buy California Account is created in the Food and Agriculture Fund and, notwithstanding Section 13340 of the Government Code, is continuously appropriated for purposes of this section. (Added by Stats. 2001, Ch. 118, Sec. 3.5. Effective July 30, 2001.)
  179. 58771.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must give at least 30 days’ notice before a public hearing on a proposed marketing order or amendment, but may give shorter notice in an emergency if the notice explains the emergency.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58771. If the director has reason to believe that the issuance of a marketing order, or amendments to an existing marketing order, will tend to effectuate the declared policy of this chapter with respect to any commodity, he shall, either upon his own motion or upon application of any producer or handler of such commodity, or any organization of such persons, give notice of not less than 30 days for a public hearing upon a proposed marketing order or such amendments to such existing marketing order. In an emergency situation requiring urgent action, the director may, upon citing the nature of the emergency in the notice, give less than 30 days’ notice. (Amended by Stats. 1976, Ch. 1222.)
  180. 58773.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must mail the notice of hearing and the proposed marketing order, or proposed amendments, to each listed producer or handler who may be directly affected.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58773. The director shall also mail a copy of such notice of hearing and a copy of such proposed marketing order, or proposed amendments, to every producer or handler of such commodity whose name and address appears upon lists of such persons, on file in the department that may be directly affected by the provisions of such proposed marketing order or such proposed amendments. (Enacted by Stats. 1967, Ch. 15.)
  181. 58774.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The notice of hearing must list the hearing date and place, identify the commodity and area covered, and state that the director will receive testimony and evidence at the hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58774. The notice of hearing shall set forth all of the following: (a) The date and place of the hearing. (b) The commodity and the area which are covered by the proposed marketing order or the proposed amendments. (c) A statement that the director will receive, at the hearing, testimony and evidence as to other necessary and relevant matters which are set forth in Article 7 (commencing with Section 58811). (Amended by Stats. 1986, Ch. 319, Sec. 1.)
  182. 58775.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may require handlers of a commodity to file a certified report, and handlers must do so within 30 days after the notice.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58775. To provide the director with accurate and reliable information, if that information is not then on file in the department, regarding the persons that may be directly affected by the provisions of any proposed marketing order for any commodity, the director shall, if he or she has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this chapter, or upon receipt of a written application for a hearing pursuant to Section 58771, notify all handlers of the commodity to file with the director, within 30 days from the last date of the notice, a report, properly certified, which shows all of the following: (a) The correct name and address of such handler. (b) The quantities of the commodity that are affected by the proposed marketing order which were handled by the handler in the marketing season next preceding the filing of the report or the current marketing season if the harvest and delivery of the commodity to handlers is complete. (c) The correct name and address of every producer of the commodity, that may be directly affected by the proposed marketing order, from whom the handler received the commodity in the marketing season next preceding the filing of the report or the current marketing season if the harvest and delivery of the commodity to handlers is complete. (d) The director may also require all handlers to report quantities of the commodity which were received by the handler from each producer in the marketing season next preceding the filing of the report or the current marketing season if the harvest and delivery of the commodity to handlers is complete. (Amended by Stats. 1986, Ch. 677, Sec. 1.)
  183. 58777.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must mail a copy of the notice to each listed handler of the commodity who may be directly affected by the proposed marketing order.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58777. The director shall mail a copy of such notice to file such report to every handler of such commodity whose name and address appears upon the lists on file in the department, of handlers that may be directly affected by the provisions of such proposed marketing order. (Amended by Stats. 1976, Ch. 1222.)
  184. 58778.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain handlers must file a verified report with the director within the time set by Section 58775.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58778. Each handler of such commodity that may be directly affected by the provisions of such proposed marketing order shall file such verified report with the director within the time which is specified in Section 58775. Failure or refusal of any handler to file such report within the time which is specified does not invalidate any proceeding which is taken or marketing order which is issued pursuant to this chapter. The director shall proceed upon the basis of such information and reports as may otherwise be available. (Enacted by Stats. 1967, Ch. 15.)
  185. 58779.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must prepare specified producer and handler lists from filed reports and available information.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58779. From the reports which are filed and the information which is received or available to the director, including any proper corrections, the director shall prepare a list of the names and addresses of the producers and the volume of such commodity which was produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity which was handled by all such handlers, that are directly affected by the provisions of such proposed marketing order, or amendments to it, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the director pursuant to the provisions of Article 12 (commencing with Section 58991) of this chapter and such findings are conclusive. (Enacted by Stats. 1967, Ch. 15.)
  186. 58780.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may leave certain people off producer or handler lists used for marketing orders or agreements, and excluded people are not subject to the related provisions or assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58780. In the preparation of the list of producers or handlers to be used in the formulation or amendment of any marketing order or marketing agreement, the director may omit from such list the name of any person that makes only casual sales of the product which is involved, or whose sales or marketings of such product are incidental to urban home ownership, or the result of activity other than a commercial farm or business venture. Any person that is excluded from such lists is not subject to the provisions, including the payment of any assessments, which are applicable upon producers, or handlers, as prescribed in any such marketing order or marketing agreement. (Amended by Stats. 1967, Ch. 10.)
  187. 58781.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must not publicly release individual handler report information in that form, and must not share it for private purposes. The director may use combined information for marketing-order administration or disclose it under a court order.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58781. The information which is contained in the individual reports of handlers which are filed with the director pursuant to this article shall not be made public by the director in such form but the information which is contained in such reports may be prepared in combined form for use by the director, his agents, or other interested persons, in the formulation, administration, and enforcement of a marketing order, or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes. (Enacted by Stats. 1967, Ch. 15.)
  188. 58782.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Hearings on proposed marketing orders or amendments must be public, testimony must be taken under oath, and a complete record must be kept on file in the director’s office.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58782. The hearing on a proposed marketing order or proposed amendments shall be public and all testimony shall be received under oath. A full and complete record of all proceedings at such hearing shall be made and maintained on file in the office of the director. (Enacted by Stats. 1967, Ch. 15.)
  189. 58783.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At the hearing, the director must receive evidence on the matters listed in Article 7, along with any other necessary or relevant matters.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58783. At the hearing, the director shall receive, in addition to other necessary or relevant matters, evidence upon the matters which are set forth in Article 7 (commencing with Section 58811). (Amended by Stats. 1986, Ch. 319, Sec. 2.)
  190. 58784.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At covered public hearings, the director must give testimony about how the official producer or handler list was developed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58784. At any public hearing which is held in connection with the formulation or amendment of a marketing order or marketing agreement, the director shall present testimony with respect to the procedure used to develop the official producer or handler list, as the case may be. (Amended by Stats. 1986, Ch. 319, Sec. 3.)
  191. 58785.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At public hearings, the director must consider evidence about how long it will take to file, check, and tabulate written assents, then set the receiving period accordingly; the director may extend that period if warranted.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58785. At each public hearing upon a marketing order or a major amendment to it, the director shall receive evidence relative to the period of time which may be necessarily required for the filing, checking, and tabulating of written assents which are prescribed in Article 12 (commencing with Section 58991) of this chapter. He shall also, at the conclusion of each such hearing, make a finding, based upon the evidence, with respect to the period of time which may be reasonably and necessarily required for such filing, checking, and tabulating. On the basis of such finding, the director shall fix and limit the period during which such assents may be received by him and shall be the period at the time of mailing of assent forms to producers and handlers that are affected. If, however, the director finds that an extension of such period is reasonably warranted, he may extend such period for receiving assents. (Enacted by Stats. 1967, Ch. 15.)
  192. 58786.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At hearings on proposed marketing orders or major amendments, the director must receive evidence to decide whether affected producers, handlers, or processors will give assent by written assents or by referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58786. At a public hearing which is held to consider a proposed marketing order or major amendments to an existing marketing order, the director shall also receive evidence from which the director can determine whether the assent, approval, or favor of the producers, handlers, or processors affected shall be determined by written assents or by referendum as prescribed in Article 12 (commencing with Section 58991). (Amended by Stats. 1986, Ch. 677, Sec. 2.)
  193. 58787.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After the hearing, the director must make a finding based on the evidence received.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58787. Upon the conclusion of the hearing, the director shall make a finding which is based upon the evidence received, whether assent, approval, or favor shall be determined by written assents or by referendum. (Amended by Stats. 1986, Ch. 677, Sec. 3.)
  194. 58788.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director finds a referendum is needed, the director must direct that it be held under specified sections.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Notice, Reports, and Hearings [58771 - 58788] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 58788. If the director finds that a referendum shall be had, the director shall direct that a referendum be held in accordance with Sections 58991 to 58998, inclusive. If a referendum is conducted, the director is not required, with respect to the assent, approval, or favor, to make a finding pursuant to Section 58785 concerning, or to fix and limit, the period during which assents may be received by the director. (Amended by Stats. 1986, Ch. 677, Sec. 4.)
  195. 588.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9.5. Coexistence Working Groups [587 - 588] ( Article 9.5 added by Stats. 2007, Ch. 324, Sec. 1. )

    Verify source ↗

    The secretary may create agricultural coexistence working groups when conflicts arise between agricultural sectors.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9.5. Coexistence Working Groups [587 - 588] ( Article 9.5 added by Stats. 2007, Ch. 324, Sec. 1. ) ## 588. (a) When conflicts arise between sectors of agriculture, the secretary may designate agricultural coexistence working groups to work towards conflict resolution. (b) The members of a coexistence working group shall be appointed by, and serve at the pleasure of, the secretary. Each working group shall be comprised of no more than 10 members of diverse qualifications, who shall serve without compensation and within existing departmental resources, to develop, review, and provide findings and recommendations to the secretary regarding specific issues pertaining to the coexistence of various sectors of agricultural production that present or might present conflicts with one another. Each working group shall be comprised primarily of affected growers or their representatives from a cross section of the interested stakeholders and may also include representatives of related industries, academia, or relevant governmental agencies. (c) In developing its findings and recommendations for the secretary, a working group may do any of the following: (1) Recognize the economic, human, and environmental benefits of coexistence among diversified agricultural industries by developing best management practices designed to foster coexistence between the various segments of food, fiber, and agriculturally derived energy production. (2) Identify a means of maximizing coordination and communication among those involved in sectors of agricultural production that are in real, potential, or perceived conflict with one another, and consider issues relevant to coexistence, including, but not limited to, developing consensus on voluntary production practices and protections. (3) Work in concert with the State Board of Food and Agriculture, and provide a forum for fostering a broad-based dialogue on agricultural production practices related to coexistence, founded on facts and demonstrable applied and practical science. If data is lacking, the working group may also propose research programs to provide information on which to base further recommendations. (Added by Stats. 2007, Ch. 324, Sec. 1. Effective January 1, 2008.)
  196. 58811.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Before issuing certain marketing orders or amendments, the director must make specified findings after the required notice and hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 58811. After the notice and hearing which are required by Article 6 (commencing with Section 58771) of this chapter, and before issuing a marketing order or amendments to it for the written assent of producers or handlers which contain provisions for correlating the supply of the commodity which is affected with market demands for it by means of restrictions upon the total quantity of such commodity, or restrictions upon the total quantity of any grade, size, quality, or condition of it, which restrictions have the effect of limiting the total quantity of such commodity which may be marketed during any marketing season, if the restricted portion of such commodity might otherwise be marketed by producers in compliance with other laws of this state or of the United States or in compliance with established commercial practice during such marketing season, the director shall make all of the following findings with respect to such marketing order or amendments to it: (a) Such provisions are necessary in order to effect a reasonable correlation of the supply of the commodity which is affected with market demands for the commodity and that such marketing order or amendments to it will tend to reestablish or maintain such level of prices for such commodity as will provide a purchasing power for such commodity which is adequate to maintain in the business of producing such commodity such number of producers as is required to provide such supply of the quantities and qualities of such commodity as is necessary to fulfill the normal requirements of consumers of the commodity. (b) Such marketing order or amendments to it will tend to approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for such commodity. (c) Such marketing order or amendments to it are in conformity with the provisions of this chapter and within the applicable limitations and restrictions which are set forth in this chapter and will tend to effectuate the declared purposes and policies of this chapter. (d) Such marketing order or amendments to it will protect the interests of consumers of such commodity, by exercising the powers of this chapter only to such extent as is necessary to establish the equality of purchasing power which is described in subdivision (a) of this section. (Enacted by Stats. 1967, Ch. 15.)
  197. 58812.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    When making findings under Section 58811, the director must consider available facts about the listed economic factors if they are relevant.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 58812. In making the findings with respect to any of the objectives which are set forth in Section 58811, the director shall, if any or all of the following economic factors are relevant, take into consideration any and all facts which are available to him with respect to all of the following: (a) The quantity of such commodity which is available for distribution. (b) The quantity of such commodity which is normally required by consumers. (c) The cost of producing such commodity as determined by available statistics and surveys. (d) The purchasing power of consumers as indicated by reports and indices. (e) The level of prices of other commodities which compete with, or are utilized as substitutes for, such commodity. (f) The level of prices of other commodities, services, and articles which farmers commonly buy. (Enacted by Stats. 1967, Ch. 15.)
  198. 58813.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    The director may issue a marketing order or amendments if specified findings are made, and must base those findings on hearing evidence and other reliable available facts.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 58813. If the marketing order or amendments to it contain provisions only for the purpose of regulating the flow of the commodity, or any grade, size, or condition of the commodity, to market without directly restricting the total quantity which may be marketed during the marketing season, or if the marketing order or amendments to it contain provisions only for the establishment of grade, size, quality, or condition specifications, or for uniform grading and inspection, or the elimination of unfair trade practices, or provisions for advertising or sales promotion, or for research, the director may issue such marketing order or amendments to it if he makes all of the following findings: (a) That such marketing order or amendments to it are reasonably calculated to attain the objectives which are sought in such marketing order. (b) That such marketing order or amendments to it are in conformity with the provisions of this chapter and within the applicable limitations and restrictions which are set forth in this chapter and will tend to effectuate the declared purposes and policies of this chapter. (c) That the interests of consumers of such commodity are protected in that the powers of this chapter are being exercised only to the extent which is necessary to attain such objectives. In making any findings pursuant to this section, the director shall base his findings upon the facts, testimony, and evidence which is received at the public hearing together with any other relevant facts which are available to him from official publications or institutions of recognized standing. (Enacted by Stats. 1967, Ch. 15.)
  199. 58814.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Certain qualifying marketing orders stay in force and are treated as conforming to the amended article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Findings [58811 - 58814] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 58814. Any marketing order in effect on August 27, 1945, which was duly issued by the director pursuant to this chapter prior to May 28, 1945, and in effect on such date, shall continue in full force and effect and shall be conclusively presumed to be in conformity with the provisions of this article as amended. (Enacted by Stats. 1967, Ch. 15.)
  200. 58841.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Marketing orders under this chapter must provide for an advisory board to assist the director, and the director appoints the board members.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. California Marketing Act of 1937 [58601 - 59293] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 58841. Any marketing order which is issued pursuant to this chapter shall provide for the establishment of an advisory board to assist the director in the administration of any marketing order. The members of the advisory board shall be appointed by the director and may hold office at the pleasure of the director. A marketing order may, however, provide for the appointment of members from nominations made by the producers and handlers and may also provide for the method of selecting such nominees. (Enacted by Stats. 1967, Ch. 15.)

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