Food and Agricultural Code — Part 26 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 26 of 48 · provisions 5,001–5,200

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. 58842.

    ## 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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    The advisory board must be made up of producers, handlers, or both, depending on whether the marketing order directly affects producers, handlers, or both.

    ## 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. ) ## 58842. If the marketing order affects directly only producers of a particular commodity, the members of the advisory board shall be producers. If the marketing order affects directly only handlers of a particular commodity, the members of the advisory board shall be handlers. If the marketing order affects directly both producers and handlers of a particular commodity the advisory board shall be composed of both producers and handlers. The number of producers or handlers upon any such advisory board shall be of such number of producers or handlers as the director finds is necessary to assist properly in the administration of such order. (Enacted by Stats. 1967, Ch. 15.)
  2. 58842.5.

    ## 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 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Raisin marketing orders or agreements under this chapter must provide for, and the director must appoint, a representative for cooperative bargaining associations to the 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 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 58842.5. Any raisin marketing order or agreement involving producers operating under this chapter shall provide for, and the director shall appoint, a person to represent cooperative bargaining associations organized pursuant to Chapter 2 (commencing with Section 54401) of Division 20 from nominations made by the associations to the advisory board. The person so appointed shall be a voting member of the advisory board. (Added by Stats. 1982, Ch. 654, Sec. 1.)
  3. 58843.

    ## 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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    The director may appoint one person, if recommended by the advisory board, so long as the person is neither a producer nor 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 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 58843. Upon the recommendation of the advisory board, the director may appoint one person who is neither a producer nor a handler to represent the department or the public generally. (Enacted by Stats. 1967, Ch. 15.)
  4. 58844.

    ## 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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    A member of an advisory board can recover actual expenses for authorized duties and may receive up to $50 per day in compensation with the board’s approval.

    ## 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. ) ## 58844. A member of an advisory board is entitled to actual expenses which are incurred while engaged in performing duties that are authorized by this chapter and, with the approval of the advisory board concerned, may receive compensation not to exceed fifty dollars ($50) per day for each day spent in actual attendance at, or traveling to and from, meetings of the board or on special assignment for the board. (Amended by Stats. 1986, Ch. 395, Sec. 1.)
  5. 58845.

    ## 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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    The director may authorize an advisory board to enter contracts, hire needed personnel, incur certain expenses, and receive, invest, and disburse funds.

    ## 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. ) ## 58845. The director may authorize an advisory board to do all of the following: (a) Enter into contracts or agreements. (b) Employ necessary personnel, including attorneys engaged in the private practice of the law, and fix their compensation and terms of employment. (c) Incur such expenses, to be paid from moneys which are collected as provided in Article 10 (commencing with Section 58921), as the director may deem necessary and proper to enable the advisory board properly to perform its duties as authorized by this chapter. (d) Receive, invest, and disburse funds pursuant to the provisions of Article 10 (commencing with Section 58921). (Amended by Stats. 1982, Ch. 641, Sec. 1.)
  6. 58846.

    ## 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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    An advisory board’s duties are administrative only, and it may only carry out the listed tasks, including administering the marketing order with the director’s approval.

    ## 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. ) ## 58846. The duties of an advisory board are administrative only and any such board may do only the following: (a) Subject to the approval of the director, administer the marketing order. (b) Recommend to the director administrative rules and regulations which relate to the marketing order. (c) Receive and report to the director complaints of violations of the marketing order. (d) Recommend to the director amendments to the marketing order. (e) Assist the director in the assessment of members of the industry and in the collection of funds to cover expenses incurred by the director in the administration of the marketing order. (f) Assist the director in the collection of such necessary information and data as the director may deem necessary to the proper administration of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  7. 58846.5.

    ## 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 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Each advisory board must report annually to the industry members subject to its marketing order about the order’s activities and program, including income, expenses, fund balance, and progress toward program goals, as prescribed by the director.

    ## 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. ) ## 58846.5. Each advisory board shall, annually, report to the members of the industry who are subject to its marketing order on the activities and program, including, but not limited to, the income and expenses, the fund balance, and a report of progress in achieving program goals, of such a marketing order, as prescribed by the director. (Added by Stats. 1974, Ch. 906.)
  8. 58847.

    ## 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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    Members, alternate members, and employees of an advisory board are not individually liable for the board’s contracts 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 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 58847. The members or alternate members of any advisory board, including employees of the advisory board, are not responsible individually in any way whatsoever to any person for liability on any contract or agreement of the advisory board. (Enacted by Stats. 1967, Ch. 15.)
  9. 58848.

    ## 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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    An advisory board may set up committees or subcommittees, but only with the director’s approval, and it may assign board members or alternates to serve on 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 8. Advisory Boards and Committees [58841 - 58853] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 58848. In addition to the advisory board, one or more special committees or subcommittees may be established to assist the advisory board in carrying out its duties and functions. Upon approval of the director, each advisory board may establish committees or subcommittees to carry out assigned duties and functions and designate the members or alternate members of the advisory board to serve upon such committees. (Enacted by Stats. 1967, Ch. 15.)
  10. 58849.

    ## 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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    The director may authorize special committees or subcommittees, and must appoint their members and alternate 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. ) ## 58849. If the marketing order so authorizes, or upon the recommendation of the advisory board, the director may authorize the establishment of special committees or subcommittees of persons who are not members or alternate members of the board to perform specific duties and functions. The members and alternate members of any such special committee or subcommittee shall be appointed by the director. (Enacted by Stats. 1967, Ch. 15.)
  11. 58850.

    ## 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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    An advisory board may invite people to its meetings in an advisory role, and the director may pay their necessary expenses if the board requests it, subject to the same rate limit as advisory 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. ) ## 58850. An advisory board may at any time invite any persons to their meetings to serve in an advisory capacity and the director may, if requested by the advisory board, pay necessary expenses to such persons at rates not to exceed those granted to advisory board members. (Enacted by Stats. 1967, Ch. 15.)
  12. 58851.

    ## 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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    Committee actions need final approval from the advisory board, and committee members and alternate members can be reimbursed for actual expenses incurred while acting in their authorized roles.

    ## 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. ) ## 58851. Any action of any committee, special committee, or subcommittee of the board is subject to final approval by the advisory board. Members and alternate members of any committee, special committee, or subcommittee, whether by appointment or approval of the director, are entitled to reimbursement for actual expenses which are incurred while acting in their authorized capacities. (Enacted by Stats. 1967, Ch. 15.)
  13. 58852.

    ## 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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    The Legislature states that producers or handlers appointed to advisory boards are meant to represent a particular agricultural industry and that this representation serves the public interest.

    ## 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. ) ## 58852. It is hereby declared, as a matter of legislative determination, that the producers, or handlers, or both producers and handlers, appointed to any advisory board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such advisory boards, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1976, Ch. 1428.)
  14. 58853.

    ## 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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    Advisory boards using teleconference meetings must follow notice, location, attendance, agenda, and guideline requirements.

    ## 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. ) ## 58853. (a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an advisory board: (1) A member of the advisory board participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting. (2) The advisory board shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the advisory board shall be in attendance at the primary physical meeting location. (3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public. (b) Nothing in this section shall exempt the advisory board from providing information regarding the physical location of an advisory board meeting or any teleconference participation information, including the identity of an advisory board member who might be participating by teleconference. (c) Prior to holding a meeting by teleconference pursuant to this section, the advisory board shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation. (Added by Stats. 2016, Ch. 451, Sec. 2. (AB 1976) Effective January 1, 2017.)
  15. 58881.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A marketing order issued by the director may include only the kinds of provisions listed in this article, except where Sections 58657 and 58747 provide 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58881. Except as otherwise provided in Sections 58657 and 58747, any marketing order which is issued by the director pursuant to this chapter may contain any or all of the provisions which are prescribed by this article for regulating, or providing methods for regulating producer marketing, or the handling, or any of the operations of processing or distributing by handlers, of any commodity within the state, but no others. (Enacted by Stats. 1967, Ch. 15.)
  16. 58882.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A marketing order may address surplus control for a commodity and may create a stabilization fund, funded by assessments on producers, handlers, or both.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58882. A marketing order may contain provisions for determining the existence and extent of the surplus of any commodity, or of any grade, size, or quality of it, and providing for the control and disposition of such surplus, and for equalizing the burden of such surplus elimination or control among the producers, processors, distributors, or other handlers that are affected. Notwithstanding any other appropriate means of equalizing the burden of surplus control and its elimination as provided in this chapter, provision may be made for the creation of a stabilization fund to be used for purchasing or otherwise acquiring any portion of the surplus of any commodity either in fresh or processed form, except when processed in hermetically sealed containers, and for the diversion of such surplus quantity of such commodity which is so acquired into noncompetitive or byproducts uses or for disposing of such surplus in noncommercial channels. Money for such stabilization fund shall be provided by means of the establishment of an assessment rate for such purpose levied upon producers or handlers, or upon both producers and handlers. Such assessment rate shall be based upon the units in which such commodity is handled or marketed or upon any other uniform basis which the director determines to be reasonable and equitable. For convenience of collection, the director may collect any producer assessments from handlers of such commodity. Handlers paying such assessments for, and on behalf of, any producers may deduct such producer assessments from any money which is owed by such handlers to such producers. (Enacted by Stats. 1967, Ch. 15.)
  17. 58883.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A marketing order may limit the total quantity of a commodity that can be marketed, processed, distributed, or otherwise handled, but the limit must use a uniform rule for all regulated persons and cannot go below the quantity the director finds reasonably necessary to meet consumer demand.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58883. A marketing order may contain provisions for limiting the total quantity of any commodity, or of any grade, size, or quality of it, which may be marketed by producers, or processed, distributed, or otherwise handled within this state during any specified period by any and all persons that are engaged in such producer marketing, processing, distributing, or handling. Any such limitation shall be applied under a uniform rule which is applicable to all such persons so regulated. The total quantity of any such commodity which is so regulated and permitted to be marketed by producers, processed, distributed, or otherwise handled, shall not be less than the quantity which the director finds is reasonably necessary to supply the market demands of consumers of such commodity. The marketing of green ripe olives is not, however, subject to any provisions of a marketing order which limits the total quantity of such commodity which may be marketed. (Enacted by Stats. 1967, Ch. 15.)
  18. 58884.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may set rules for allocating commodity quantities among handlers so the total is apportioned equitably among producers.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58884. A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler may purchase or acquire from, or handle on behalf of, any and all producers of the commodity, within this state during any specified period under a uniform rule, which is applicable to all handlers that are so regulated based upon the amounts produced or sold by such producers in a prior period which the director finds to be representative, or upon the current season’s production or sales of such producers, or both, to the end that the total quantity of such commodity, or of any grade, size, or quality of it, which is so purchased or handled within this state is apportioned equitably among the producers of the commodity. (Enacted by Stats. 1967, Ch. 15.)
  19. 58885.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may set how much of a commodity each handler may process, distribute, or handle in this state, using a uniform rule for all regulated handlers.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58885. A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler may process, distribute, or handle within this state under a uniform rule, which is applicable to all handlers that are so regulated, which is based upon the quantities of such commodity, or of any grade, size, or quality of it, of the current season’s crop which each such handler has available for such processing, distribution, or handling, or upon the quantities of such commodity, or of any grade, size, or quality of it, which is so processed, distributed, or handled by each such handler in a prior period which the director finds to be representative, or based upon both, to the end that the total quantity of such commodity, or any grade, size, or quality of it, processed, distributed, or handled within this state during any specified period is equitably apportioned among all such handlers of the commodity. (Enacted by Stats. 1967, Ch. 15.)
  20. 58886.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may regulate when a commodity may be processed, distributed, or marketed within the state, but the regulated quantity must not be less than the amount the director finds needed to supply consumers.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58886. A marketing order may contain provisions which regulate the period during which any commodity, or any grade, size, or quality of such commodity, may be processed, distributed, or otherwise marketed within this state by any and all persons that are engaged in such processing, distributing, or marketing within this state. The total quantity of such commodity which is so regulated and permitted to be processed, distributed, or otherwise marketed during such period, shall not, however, be less than the quantity which the director finds is necessary to reasonably supply the needs of consumers of such commodity. (Enacted by Stats. 1967, Ch. 15.)
  21. 58887.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may set up surplus, stabilization, or byproduct pools, and an advisory board may operate them and related facilities, but it may not engage in commercial warehousing.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58887. A marketing order may contain provisions for the establishment of surplus, stabilization, or byproduct pools for any commodity, or of any grade, size, quality, or condition of it, and providing for the sale of the commodity in any such pool and for the equitable distribution among the persons that are participating in the pool of the net returns which are derived from the sale of such commodity. The marketing of green ripe olives is not, however, subject to any provisions of a marketing order which relate to the establishment and operation of surplus pools. If the marketing order authorizes the establishment of any such pool, the advisory board may receive such commodity from each producer or handler and handle it according to the grade, size, quality, or condition of the commodity and account to each producer or handler that is participating in the pool upon a pro rata basis for the net proceeds derived from the sale of the commodity. The contents of any surplus pool shall not be marketed by the advisory board in any form which would compete directly with that portion of the commodity which is marketed in regular channels of trade. However, any portion of any surplus pool may be transferred by the advisory board upon any gratuitous basis to charitable organizations and other similar agencies under proper safeguards to insure that none of such commodity shall compete directly with the unrestricted portion of such commodity. The advisory board may dispose of the contents of a stabilization pool in the regular marketing channels in such manner and at such times as it deems advisable, consistent with the maintenance of stabilized marketing conditions for such commodity. The advisory board may dispose of the contents of any byproduct pool only for byproducts or for other similar purposes under proper safeguards to prevent such portion of the commodity so disposed of from directly competing with that part of the commodity which is marketed in the usual form or in the regular channels of trade. If the marketing order authorizes the establishment of a surplus, stabilization, or byproduct pool, the advisory board may do any of the following: (a) Arrange for and operate any necessary facilities for the storing, financing, grading, packing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools which are provided for in this chapter. The board shall not, however, engage in commercial warehousing. (b) Pledge all of the commodity in any such pools with banks or other lending agencies for the purpose of obtaining loans upon it. The board shall have title, for the purpose of financing and handling, to all of the commodity in any such pools. (c) Create, by a uniform assessment upon producers, or upon some other uniform and equitable basis, maintain, and disburse an equalization fund to be used for the removal of any inequalities between producers or handlers that are participating in any pool which result from errors in estimating production or surplus or for indemnifying producers whose production, in whole or in part, is diverted in green form or otherwise from normal marketing outlets or diverted to byproducts, relief, or other noncompetitive purposes pursuant to the provisions of the marketing order. (Enacted by Stats. 1967, Ch. 15.)
  22. 58888.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include provisions setting grading standards and uniform inspection and grading for a commodity, but those standards cannot be below any minimum standards set by law.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58888. A marketing order may contain provisions which establish, or provide for the establishment, with respect to any commodity, either as delivered by producers to handlers or processors, or as handled, processed, or otherwise prepared for market, or as marketed by producers, handlers, or processors, both of the following: (a) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards. The standards so established shall not, however, be established below any minimum standards which are prescribed by law for such commodity. (b) Uniform inspection and grading of such commodity in accordance with the standards which are so established. (Enacted by Stats. 1967, Ch. 15.)
  23. 58889.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Marketing orders may include advertising and sales promotion plans, and the secretary may prepare and enforce plans to promote commodity sales. The secretary may not issue a program that uses false or unwarranted claims or disparages another 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58889. (a) A marketing order may contain provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for any commodity that is grown in this state, or for the prevention, modification, or removal of trade barriers that obstruct the free flow of any commodity to market. The secretary may prepare, issue, administer, and enforce plans for promoting the sale of any commodity. (b) Any plan shall be directed toward increasing the sale of the commodity without reference to any private brand or trade name that is used by any handler with respect to the commodity regulated by the marketing order, except the use of wine if other than private brands or private trade names are unavailable, and except that marketing orders that provide for the advertising and sales promotion of raisins, prunes, and walnuts may allow those plans to credit the pro rata assessment obligations of a handler with all or any portion of that handler’s direct expenditures for the marketing promotion that may include private brand or trade name advertising performance allowances, sales promotions, couponing, and in-store promotion programs and materials. (c) (1) Notwithstanding any provision of this section, any marketing order for fluid milk may contain in its advertising and sales promotion plan provisions to allocate funds for promotions of cheese, ice cream, or butter products made with California milk, including promotions in which brand or trade names are used, but only if the use is incidental to the promotion of the California milk product and not in direct promotion of the brand or trade name, and if the allocation of funds is made available on a nondiscriminatory basis to all retailers and manufacturers of butter, ice cream, or cheese utilizing milk produced in California. Permissible private brand or trade name marketing promotions may include advertising, performance allowances, sales promotions, couponing subject to Section 61375 and in-store promotion programs and materials, and other marketing communication tools. (2) For purposes of this subdivision, “butter” means the product made by gathering the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents. (3) This subdivision shall not become operative unless approved as set forth in subdivision (c) of Section 58993. (d) No advertising or sales promotion program shall be issued by the secretary that makes use of false or unwarranted claims in behalf of any product, or disparages the quality, value, sale, or use of any other commodity. (Amended (as amended by Stats. 1998, Ch. 912, Sec. 1) by Stats. 2002, Ch. 157, Sec. 1. Effective January 1, 2003.)
  24. 58889.1.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order for processed fruits, nuts, or vegetables may include advertising and sales promotion provisions that allocate funds to promote private brands or trade names.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58889.1. Notwithstanding Section 58889, any marketing order for processed fruits, nuts, or vegetables may contain in its advertising and sales promotion plan provisions to allocate funds to promote private brands or trade names. (Added by Stats. 1983, Ch. 809, Sec. 1.)
  25. 58889.3.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may allow advertising and sales promotion plans for international foreign markets, and from January 1, 1978 those plans must require each commodity package label to say the commodity is of California origin in English or another appropriate language.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58889.3. Notwithstanding subdivision (b) of Section 58889, effective immediately, a marketing order may contain provisions for the establishment of plans for advertising and sales promotion, including any private brand or trade name, to maintain present international foreign markets or to create new or larger international foreign markets for any commodity which is grown in this state, provided that effective January 1, 1978, such advertising and sales promotion plans require that each individual commodity package label indicate the commodity is of California origin in English or other appropriate language. (Amended by Stats. 1978, Ch. 309.)
  26. 58890.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include provisions addressing unfair trade practices, and the director may add corrective provisions if, after a hearing, the trade practice is found unfair and detrimental to the chapter’s purposes.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58890. A marketing order may contain provisions which relate to the prohibition of unfair trade practices. In addition to the unfair trade practices now prohibited by law, applicable to the processing, distribution, or handling of any commodity within this state, the director may include in any marketing order which is issued provisions that are designed to correct any trade practice which affects the processing, distributing, or handling of any commodity within this state which the director finds, after a hearing upon the marketing order in which all interested persons are given an opportunity to be heard, is unfair and detrimental to the effectuation of the declared purposes of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  27. 58891.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include provisions for applying, reviewing, certifying, and paying production adjustment benefits to growers from collected funds.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58891. A marketing order may contain provisions for the application for, review, certification, and equitable payment of, production adjustment benefits to growers from funds which are collected for such purpose on a uniform basis from all commercial growers of any commodity in the state, for which production adjustment payments are made. Such funds may be supplemented by funds, if any, which are received from federal, state, or other agencies for such purpose. (Amended by Stats. 1970, Ch. 1275.)
  28. 58892.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section lets a marketing order include research programs, but certain programs need director review, a public hearing, and sometimes a referendum before approval.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58892. (a) A marketing order may contain provisions for carrying on research studies in the production, processing, or distribution of any commodity and for the expenditure of moneys for these purposes. Prior to the implementation of a research program authorized by this section that will extend beyond the next reapproval date of the marketing order pursuant to Section 59086, the director shall call a public hearing pursuant to Article 6 (commencing with Section 58771) to receive testimony regarding support for the research program by persons directly affected by the marketing order. After the hearing, the director shall find and determine, based upon the evidence received, whether or not to conduct a referendum pursuant to subdivision (c) of Section 58993 prior to approval of the proposed research program in order to evaluate with greater certainty the support for the program by the persons directly affected by the marketing order. (b) In carrying out this section, an advisory board may, subject to the approval of the director, establish a trust account to fund research programs on an ongoing basis. These programs may extend beyond the termination date of the marketing order. For any program designed to last more than one year, funding shall be provided for from the trust account during the initial year. (c) In any research in production or processing which is carried on pursuant to this section, the Vice President for Agricultural Sciences of the University of California and the advisory board which is provided for in Article 8 (commencing with Section 58841) shall cooperate in selecting the research program which is to be carried on from time to time. Insofar as practicable, the programs shall be carried out by the University of California, but if the vice president and the advisory board determine that the university has no facilities for a particular program, or that some other research agency has better facilities for it, the program may be carried out by any other research agency which is selected by the vice president and the advisory board. (d) In carrying out this section, an advisory board may carry out research programs for the purpose of developing and testing new products in selected markets. The proposed programs shall be submitted to the director for his or her approval prior to the expenditure of funds for the program. The proposal submitted shall include, among other things, a description of the new products, the test market to be utilized, and the duration of the program. (Amended by Stats. 1984, Ch. 425, Sec. 1. Effective July 12, 1984.)
  29. 58892.1.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include provisions for research studies and product development related to food and agricultural 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58892.1. A marketing order may contain provisions for research studies concerning the health, food, nutritional, therapeutic, dietetic or such qualities of other food products, for the development of new food products, or for the development of new uses for agricultural products. (Added by Stats. 1969, Ch. 217.)
  30. 58892.2.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may not issue a milk marketing order unless the director finds it does not conflict with specified chapters of the Food and Agricultural 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58892.2. No marketing order for milk shall be issued by the director unless he finds that such marketing order does not conflict with the provisions of Chapter 2 (commencing with Section 61801) or Chapter 3 (commencing with Section 62700) of Part 3 of Division 21. (Added by Stats. 1969, Ch. 217.)
  31. 58893.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include provisions for an educational program about a commodity’s quality improvement, nutritional values, and related sanitation practices.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58893. A marketing order may contain provisions which establish, or provide authority for establishing, for any commodity, either as such commodity is produced or is delivered by producers to handlers, or as handled or otherwise prepared for market, or as marketed by producers or handlers, an educational program which is designed to acquaint producers, handlers, consumers or other interested persons with quality improvement and nutritional values, including sanitation practices, procedures, or methods as applied to such commodity. (Amended by Stats. 1969, Ch. 217.)
  32. 58894.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may authorize and regulate use of official brands, trade names, labels, or similar grade/quality designations for commodities other than wine.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58894. A marketing order may contain provisions which establish, or provide authority for establishing, and for regulating the permissive use of an official board brand, trade name, or label, or other distinctive designation of grade, quality, or condition, except the grade or quality designations in effect pursuant to state or federal grade standards, for any commodity, other than wine, either as such commodity is produced or is delivered by producers to handlers, or as handled or otherwise prepared for market, or marketed by producers or handlers. As provided in Section 59236, the permissive use of any such official board brand, trade name, or label or other distinctive designation of quality shall be limited to producers and handlers of the commodity that are participating in the marketing agreement or order, and that are in compliance with its provisions and with any regulation, or rule and regulation, which is adopted under it. Any official brand or trade name which is established pursuant to this section shall not be construed as a private brand or trade name with respect to Section 58889. (Enacted by Stats. 1967, Ch. 15.)
  33. 58895.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include pest-control and eradication provisions, and the advisory board may recommend, and the director may approve, related loss-prevention measures.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58895. A marketing order may contain provisions to detect, control, prevent damage by or to eradicate insects, predators, diseases, or parasites with respect to any commodity or group of commodities. The advisory board may recommend and the director may approve measures to assist in the prevention or reduction of losses to crops or livestock caused by predators, insects, disease or parasite infestations, including the establishment and operation of detection, inspection, spraying, dusting, fumigating or other control measures. For the purposes of this section, (1) assessments established pursuant to Article 10 (commencing with Section 58921) of this chapter may include an assessment for nonbearing acreage as well as bearing acreage of the commodity affected by such predators, insects, disease, or parasite, and (2) the director may use both the bearing and nonbearing acreage of such commodity as a measure of production for assent or referendum purposes in relation to such assessments. As used in this section, “nonbearing acreage” means acreage planted to produce the particular commodity covered by the marketing order during the marketing season on which no quantity of the product is produced for marketing or is anticipated will be produced for market during such marketing season. (Amended by Stats. 1971, Ch. 1059.)
  34. 58896.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include provisions to gather and share weather data for producers and service providers when the data is needed to help produce or harvest the 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58896. A marketing order may contain provisions for the gathering and dissemination of weather data to producers of any commodity, and to any persons providing services relating to production of a commodity, when the data is necessary to aid in any manner in the production or harvesting of that commodity. (Added by Stats. 1984, Ch. 939, Sec. 1. Effective September 7, 1984.)
  35. 58897.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order may include an indemnity trust fund for livestock and livestock product losses caused by disease, natural disaster, or accidents.

    ## 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 9. Terms of Marketing Orders [58881 - 58897] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 58897. To address catastrophic events, a marketing order may contain provisions for the establishment and operation of an indemnity trust fund to cover livestock and livestock product losses due to disease, natural disaster, or accidents. (Added by Stats. 1999, Ch. 609, Sec. 8. Effective January 1, 2000.)
  36. 58921.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Marketing orders must levy and collect enough assessments to cover required expenses, and any plan with advertising or sales promotion must also be funded; green ripe olives cannot be charged for advertising or sales promotion assessments except for their share of administrative costs.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58921. Except as otherwise provided in Section 58926, each marketing order which is issued pursuant to this chapter shall provide for the levying and collection of assessments in sufficient amounts to defray the necessary expenses which are incurred by the director in the formulation, issuance, administration, and enforcement of the marketing order. If the marketing order authorizes the carrying out of advertising and sales promotion plans, it shall also provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. No assessment for advertising or sales promotion activities shall, however, be levied under any marketing order with respect to the marketing and handling of green ripe olives except that green ripe olives may be assessed for their proportionate share of administrative costs. (Enacted by Stats. 1967, Ch. 15.)
  37. 58922.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each marketing order must state the maximum assessment rate and how much of each assessment, if any, is payable by each directly regulated or affected producer and 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58922. Each marketing order shall indicate the maximum rate of any assessment which may be collected and the proportion, if any, of each assessment which is payable by each producer and handler that is directly regulated or affected by such marketing order. (Enacted by Stats. 1967, Ch. 15.)
  38. 58923.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The advisory board must recommend budgets and assessment rates to the director, and the director may approve them and order assessed producers and handlers to pay the assessment.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58923. The advisory board which is appointed by the director to assist him in administering each marketing order shall recommend to the director, from time to time, budgets to cover necessary expenses, and budgets to cover the expenses of carrying out sales promotion plans if such plans are authorized in the marketing order, and the assessment rates which are necessary to provide sufficient funds. If the director finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the expenses which may be incurred, he may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the director, at such times and in such installments as the director may prescribe, an assessment which is based upon the units in which such commodity is marketed, or upon any other uniform basis which the director determines to be reasonable and equitable. (Enacted by Stats. 1967, Ch. 15.)
  39. 58924.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The assessment for necessary expenses cannot exceed 2.5% of the relevant gross dollar volume for covered producers, processors, distributors, or other handlers.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58924. The amount of the assessment for necessary expenses shall not, however, exceed the following: (a) In the case of producers, 21/2 percent of the gross dollar volume of sales of the commodity which is affected by all such producers regulated by such marketing order. (b) In the case of processors, distributors, or other handlers, 21/2 percent of the gross dollar volume of purchases of the commodity which is affected by the marketing order from producers or of the gross dollar volume of sales of the commodity which is affected by the marketing order and handled by all such processors, distributors, or other handlers that are regulated by such marketing order during the marketing season during which such marketing order is effective. (Enacted by Stats. 1967, Ch. 15.)
  40. 58925.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An assessment rate for advertising and sales promotion plans cannot be more than 4% of gross sales volume.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58925. Any assessment rate which is established for assessments to defray the expenses of advertising and sales promotion plans shall be in an amount which does not exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other handlers of such commodity which is regulated by such marketing order during the marketing season during which such marketing order is effective. (Enacted by Stats. 1967, Ch. 15.)
  41. 58926.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a marketing order includes authorized advertising or sales promotion provisions, the director may approve and set assessments for producers and handlers, capped at 6.5% of gross sales volume.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58926. In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement and advertising or sales promotion provided for in Section 58921, if the marketing order contains provisions for advertising or sales promotion as authorized in this chapter, the director may approve and fix an assessment for producers and an assessment for handlers as the case may be, not exceeding 61/2 percent of the gross dollar volume of sales of such commodity by all producers, or by all processors, distributors, or other handlers of such commodity regulated by such marketing order during the marketing season during which such marketing order is effective. The method and manner of assessment and collection of such assessment, and the limitations and restrictions applicable thereupon, shall conform in all respects with the provisions of this article regarding assessments for advertising and sales promotion, except as to the maximum amount of such assessment. (Amended by Stats. 1976, Ch. 1222.)
  42. 58927.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director sets a single assessment, the advisory board must recommend how the assessment is divided, and the director may approve those proportions.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58927. If the director approves and fixes a single assessment, the advisory board shall recommend and the director may approve the proportions of such assessment which may be expended to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and that which may be expended for such advertising or sales promotion program. The proportion of such assessment which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall not, however, exceed the maximum amount which is authorized in Section 58924. (Enacted by Stats. 1967, Ch. 15.)
  43. 58928.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An advisory board of a marketing order may borrow money, with or without interest, and may hypothecate applicable anticipated assessment collections if it believes doing so will help administer the order or achieve its purposes.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58928. If any advisory board of any marketing order has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the advisory board may borrow money with or without interest to carry out any provision of any marketing order which is authorized by this chapter, and may hypothecate anticipated assessment collections that are applicable to such respective provisions. (Enacted by Stats. 1967, Ch. 15.)
  44. 58929.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An assessed person must pay the assessment when the director calls for payment, and the director may sue in state court if the person does not pay on the director-set date.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58929. Any assessment which is levied as provided in this article, in such specified amount as may be determined by the director pursuant to this chapter, is a personal debt of every person so assessed and shall be due and payable to the director if payment is called for by the director. If any such person fails to pay any such assessment upon the date which is determined by the director, the director may file a complaint against such person in a state court of competent jurisdiction for the collection of the assessment. (Enacted by Stats. 1967, Ch. 15.)
  45. 58930.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A producer or handler who is assessed under this chapter must pay the assessed amount by the director’s deadline, or face added enforcement costs and a penalty.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58930. If any producer or handler that is duly assessed pursuant to the provisions of this chapter fails to pay to the director the amount so assessed on or before the date which is specified by the director, the director may add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. In addition to such payment for the cost of enforcing such collection, any such producer or handler shall pay to the director a penalty of 5 percent for each 30 days of the unpaid balance for each 30 days the assessment is unpaid, prorated over the days unpaid, commencing 30 days after notice has been given to such producer or handler of his failure to pay the assessment on the date required, unless the director determines, to his satisfaction, that such failure to pay is due to resonable cause beyond the producer’s or handler’s control. Such penalty shall not exceed 50 percent of the total amount of the assessment due. (Amended by Stats. 1977, Ch. 783.)
  46. 58931.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may require assessed persons to make advance deposits for necessary expenses and for advertising or sales promotion costs, capped at 25% of the assessment.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58931. The director may require the persons that are assessed to deposit with him in advance the following amounts: (a) An amount for necessary expenses. (b) An amount which shall not exceed 25 percent of the assessment to cover the costs of advertising or sales promotion plans which are incurred prior to the receipt of sufficient funds from the assessment for such purpose. (Enacted by Stats. 1967, Ch. 15.)
  47. 58932.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director requires a deposit under Section 58931, the amount must be set using the estimated number of units to be marketed or handled, or another reasonable and equitable uniform basis.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58932. The amount of any deposit which is required by the director pursuant to Section 58931 shall be based upon the estimated number of units to be marketed or handled by the person that is assessed, or upon any other uniform basis which the director determines is reasonable and equitable. Such basis shall be applicable during the marketing season during which such marketing order is effective. (Enacted by Stats. 1967, Ch. 15.)
  48. 58933.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Deposits made by any person must be adjusted to the amount properly chargeable against that person once the relevant marketing-order funds are sufficient, or at the close of the marketing season.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58933. At any time after the funds which are credited to the administrative account, or the advertising or sales promotion account, of the marketing order are sufficient to so warrant, or at the close of the marketing season, the sums deposited by any person shall be adjusted to the amount which is properly chargeable against such person pursuant to the assessment which was authorized. (Enacted by Stats. 1967, Ch. 15.)
  49. 58934.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may receive and spend certain contributions for expenses, and later the board and director must act if assessment collections are sufficient to allow repayment or application of those contributions.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58934. In lieu of requiring advance deposits, or in order generally to provide funds for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purpose from the payment of the assessments which are established pursuant to this article, the director may receive and disburse for such expense purposes contributions which are made by producers, processors, distributors, or other handlers. Neither the advisory board nor the director is responsible for the repayment of such contributions. If, however, collections from the payment of established assessments credited to the respective marketing order accounts are sufficient to so warrant, the board shall recommend and the director shall authorize, the repayment of contributions, or authorize the application of such contributions to the assessment obligations of persons that made such contributions. (Enacted by Stats. 1967, Ch. 15.)
  50. 58934.5.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director or any advisory board may receive and disburse contributions from people not directly affected by the 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58934.5. In order to provide funds for defraying expenditures authorized by the marketing order, the director or any advisory board may also receive and disburse contributions that are made by persons other than those directly affected by the marketing order. (Added by Stats. 1992, Ch. 210, Sec. 1. Effective January 1, 1993.)
  51. 58935.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may collect producer assessments from handlers, and handlers may deduct assessments they pay for a producer from money owed to that producer; any marketing order may require that deduction, and deducted amounts must be remitted timely to the director with assessment reports.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58935. For the convenience of making collections of any producer assessments which are established pursuant to this article, the director may collect such assessments from the handlers of the commodity which is being regulated. Any handler that pays any such assessments for and on behalf of any producer may deduct such producer assessments from any money which is owed by such handler to such producer. Any marketing order may require a handler to deduct producer assessments from any money which is owed by such handler to such producer. Such producer assessment deductions are hereby declared to be trust funds held by the handler for the purposes of the marketing order concerned and shall be remitted timely, with assessment reports, to the director. (Amended by Stats. 1976, Ch. 1222.)
  52. 58936.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make rules and regulations about assessing and collecting funds under this 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58936. The director may adopt rules and regulations with respect to the assessment and collection of funds pursuant to this article. (Amended by Stats. 1984, Ch. 425, Sec. 2. Effective July 12, 1984.)
  53. 58937.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Collected money must be deposited in an approved depository and used only for approved necessary expenses; the director must have expenditures audited at least every two years and send the audit copy within 30 days after completion.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58937. (a) Any money that is collected by the director pursuant to this chapter shall be deposited in a bank or other depository that is approved by the Director of Finance, allocated to each marketing order under which it is collected. Except as provided in Section 58941, these funds shall be disbursed by the director or the advisory board only for the necessary expenses that are incurred by the advisory board and that are approved by the director with respect to each marketing order. Allowable expenses include expenses generated by the auditing requirement imposed by subdivision (b). Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations that are prescribed by the director. The expenditure of these funds is exempt from the provisions of Section 925.6 of the Government Code. (b) All such expenditures by the director shall be audited at least once every two years by one of the following means: (1) By contract with a certified public accountant. (2) By contract with a public accountant holding a valid permit issued by the California Board of Accountancy. (3) By contract with a public accounting firm. (4) By agreement with the Department of Finance. A copy of the audit shall be delivered within 30 days after the completion of the audit to the Governor, the director, and the Controller. (Amended by Stats. 2000, Ch. 1055, Sec. 18. Effective September 30, 2000.)
  54. 58938.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may refund or carry over certain fund money connected to a marketing order, and refunds must be made pro rata to the persons who paid the 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58938. The director may, at the close of each fiscal period which is used by the advisory board for budgetary purposes, refund any money which remains in such fund that is allocable to any particular commodity which is affected by a marketing order or, upon recommendation of the advisory board and with the approval of the director, all or a portion of such money may be carried over into the next succeeding fiscal period if the director finds that such money is required to defray subsequent expenses under the marketing order. Any refund made pursuant to this section shall be on a pro rata basis made to persons from whom, or on whose behalf, the assessments being refunded were collected. Upon termination by the director of any marketing order, any remaining balances which are not required by the director to defray the expenses of such marketing order, shall be returned by the director upon a pro rata basis, to all persons from whom, or on whose behalf, such assessments were collected unless the director finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons. If the director makes such a finding, he may use the moneys in such fund to defray the expenses which are incurred by him in the formulation, issuance, administration, or enforcement of any subsequent marketing order. (Amended by Stats. 1971, Ch. 1059.)
  55. 58938.5.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk assessment refunds must be made to qualifying producers, with repayment required if the milk is later paid for.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58938.5. (a) Assessments paid on milk pursuant to the requirements of a market milk marketing order or a manufacturing milk marketing order established under this chapter shall be refunded to producers who meet the following criteria: (1) The producer shipped milk to a processor during the months of June or July 1986. (2) The producer was not paid, or received only partial payment, for the milk shipped. (3) The producer has agreed to repay the refunded assessments to the affected programs if, at a subsequent date, the producer is paid for the milk. (b) The producer shall receive a full refund of the amount assessed for milk shipped and for which no payment was received. If partial payment was received, the producer shall receive a refund of assessments paid on milk for which payment was not received. (c) In lieu of payment to the producer, the refund shall be paid to an entity which markets milk or otherwise acts on behalf of a producer who would otherwise qualify for the refund under subdivision (a), if that entity demonstrates to the satisfaction of the director that it paid the assessments for the producer. (d) If a producer, or an entity referred to in subdivision (c), subsequently receives full or partial payment for milk for which assessments have been refunded, the producer or entity, as the case may be, shall repay the assessments in an amount proportionate to the portion of milk for which payment has been received. (e) Refunds shall not be made pursuant to this section if the refund would cause a producer to incur an additional assessment obligation to the National Milk Promotion Program. (f) The director shall adopt procedures for refunding assessments in accordance with this section. The procedures shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1987, Ch. 1048, Sec. 7.)
  56. 58939.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money deposited under this article may be invested or reinvested if the director determines it is available for investment, and the Treasurer may deduct or bill reasonable costs.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58939. Any money which is deposited pursuant to this article, which the director determines is available for investment, may be invested or reinvested by the Treasurer or an advisory board in any of the securities which are described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, or placed in a depository as provided in Chapter 4 (commencing with Section 16500) of Part 2 of Division 4 of Title 2 of the Government Code, and handled in the same manner as money in the State Treasury. Any increment which is received from the investment or reinvestment or deposit, if made by the Treasurer, shall be remitted to the advisory board whose funds were invested, reinvested, or deposited, and shall be deposited and disbursed as provided in Sections 58937 and 58938. The Treasurer may deduct from the remittance an amount equal to the reasonable costs incurred in carrying out this section or may bill the advisory board for the costs, and the advisory board shall pay the costs from money which is collected for it pursuant to this chapter. (Amended by Stats. 1983, Ch. 417, Sec. 3.)
  57. 58940.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Unclaimed or uncashed checks or warrants drawn on a marketing order’s funds must be canceled after six months, with the money held for payment to the original payee or claimant for one year after cancellation.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58940. Any check or warrant which is drawn against the funds of any marketing order which remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money retained for disbursement to the original payee or claimant upon satisfactory identification for a period of one year from the time the check or warrant is canceled. The money so retained, if not claimed within the period of one year, shall be credited to the then currently operating marketing order for the commodity under which the funds so retained were collected. If there is no marketing order then in effective operation for the commodity, the funds shall be credited to the unexpended balance, if any, of the last previous marketing order for the commodity. If there is no marketing order then in current operation, or no balance exists from any previous marketing order to which the funds may be credited, the funds so retained may be expended by the director for the benefit of any marketing order established under the provision of this chapter. (Amended by Stats. 1971, Ch. 1059.)
  58. 58941.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director computes amounts charged to each marketing order or agreement, and those amounts must be approved by the advisory board and used only for necessary chapter-administration expenses.

    ## 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 10. Assessments and Funds [58921 - 58941] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 58941. Notwithstanding the provisions of Article 3 (commencing with Section 241), Chapter 2, Division 1 of this code, each marketing order or agreement shall be charged the amounts which are computed by the director as required to reasonably provide for services to be rendered to such marketing orders by the department. Such amounts are subject to approval by the advisory board which is concerned, shall be included in each budget which is recommended to and approved by the director pursuant to Sections 58923 and 58924, and shall be withdrawn as required by the director and expended only for the necessary expenses which are incurred by the director in the administration of this chapter. (Amended by Stats. 1970, Ch. 284.)
  59. 58961.

    ## 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 11. Deposits by Applicants for Marketing Order [58961 - 58962] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Before a marketing order is issued, the director may require applicants to deposit an amount the director considers necessary to cover preparation and implementation expenses.

    ## 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 11. Deposits by Applicants for Marketing Order [58961 - 58962] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 58961. Prior to the issuance of any marketing order by the director pursuant to this chapter, the director may require the applicants for the issuance of the marketing order to deposit with him such amount as he may deem necessary to defray the expenses of preparing and making effective such marketing order. Such funds shall be received, deposited, and disbursed by the director in accordance with the provisions which are set forth in Article 10 (commencing with Section 58921) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  60. 58962.

    ## 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 11. Deposits by Applicants for Marketing Order [58961 - 58962] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may reimburse an applicant for certain deposited amounts and necessary expenses tied to preparing and getting approval of a 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 11. Deposits by Applicants for Marketing Order [58961 - 58962] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 58962. The director may reimburse the applicant, from any funds for necessary expenses which he has received pursuant to Article 10 (commencing with Section 58921) of this chapter, for any of the following: (a) Any amount deposited with the director by applicant pursuant to Section 58961. (b) For any necessary expenses which are incurred by the applicant in preparing and in obtaining approval of the marketing order, upon receipt of a verified statement of such expenses which is approved by the director. (Enacted by Stats. 1967, Ch. 15.)
  61. 58991.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order or major amendment affecting handlers cannot take effect unless the director finds the required handler assent or referendum approval.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58991. A marketing order or major amendment to it, which directly affects handlers, that is issued pursuant to this chapter, shall not become effective unless and until the director finds one of the following has occurred: (a) It has been assented to in writing by not less than 65 percent of the handlers that are engaged, within the area specified in the marketing order or amendment to it, in the handling of the commodity which is regulated by the marketing order. (b) It has been assented to in writing by handlers that handle not less than 65 percent of the volume of the commodity which is regulated by the marketing order. (c) It has been approved by handlers in a referendum among handlers that are directly affected. The director may make the finding pursuant to this subdivision if the valid votes cast in the referendum represent not less than 40 percent of the total number of handlers of the commodity of record with the department, and if the handlers that cast ballots in the referendum in favor of the marketing order or amendment to it represent not less than 65 percent of the total number of handlers that cast ballots in the referendum and handled not less than 51 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the handlers that cast ballots in the referendum, or if the handlers that cast ballots in the referendum in favor of the marketing order or amendment represent not less than 51 percent of the total number of handlers that cast ballots in the referendum and handled not less than 65 percent of the total quantity of the commodity which was handled in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the handlers who cast ballots in the referendum. The quantity of the commodity handled by the handler may be stated on the referendum ballot returned by each handler or may be obtained by requiring handlers to report that volume pursuant to Section 58775. (Repealed and added by Stats. 1986, Ch. 677, Sec. 6.)
  62. 58992.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order or major amendment affecting certain processors cannot take effect unless the director finds the required processor assent or referendum approval has occurred.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58992. Any marketing order or major amendment to it which directly affects processors that are engaged in the operation of canning of fresh fruits or vegetables or canning or packing of dried fruits shall not be made effective by the director unless and until the director finds one of the following has occurred: (a) The marketing order or amendment to it has been assented to in writing by the processors that are engaged in the marketing activity which is regulated by the marketing order or amendment to it that processed not less than 65 percent of the volume of the commodity which is processed within the area defined in the marketing order or amendment to it and by 65 percent of the number of the processors that are engaged in the marketing activity which is regulated by the marketing order or amendment to it. (b) It has been approved by processors in a referendum among processors that are directly affected. The director may make the finding pursuant to this subdivision if the valid votes cast in the referendum represent not less that 40 percent of the total number of processors of the commodity of record with the department, and if the processors that cast ballots in the referendum in favor of the marketing order or amendment to it represent not less than 65 percent of the total number of processors that cast ballots in the referendum and processed not less than 51 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to processors is complete, by all of the processors that cast ballots in the referendum, or if the processors that cast ballots in the referendum in favor of the marketing order or amendment represent not less than 51 percent of the total number of processors that cast ballots in the referendum and processed not less than 65 percent of the total quantity of the commodity which was marketed in the next preceding marketing season or the current marketing season if the harvest and delivery of the commodity to processors is complete, by all of the processors who cast ballots in the referendum. The quantity of the commodity processed by the processor may be stated on the referendum ballot returned by each processor or may be obtained by requiring processors to report that volume pursuant to Section 58775. (Repealed and added by Stats. 1986, Ch. 677, Sec. 8.)
  63. 58993.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing order or major amendment that directly affects producers or producer marketing cannot take effect unless the director finds one of the stated producer-assent or referendum approval conditions has been met.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58993. No marketing order or major amendment to it, which directly affects producers or producer marketing, that is issued pursuant to this chapter, shall be made effective by the director unless and until the director finds one or more of the following has occurred: (a) It has been assented to in writing by not less than 65 percent of the producers that are engaged, within the area specified in the marketing order or amendment to it, in the production for market, or engaged in the producer marketing, of not less than 51 percent of the commodity which is specified in the marketing order or the amendment to the marketing order in commercial quantities. (b) It has been assented to in writing by producers that produce not less than 65 percent of the volume of the commodity and by 51 percent of the total number of producers that are so engaged. (c) It has been approved by producers in a referendum among producers that are directly affected. The director may make the finding if the valid votes cast in the referendum represent not less than 40 percent of the total number of producers of the commodity of record with the department, and if the producers that cast ballots in the referendum in favor of the marketing order or amendment to it represent not less than 65 percent of the total number of producers that cast ballots in the referendum and marketed not less than 51 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the producers that cast ballots in the referendum or if the producers that cast ballots in the referendum in favor of the marketing order or amendment represent not less than 51 percent of the total number of producers that cast ballots in the referendum and marketed not less than 65 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the producers who cast ballots in the referendum. The quantity of the commodity delivered by the producer may be stated on the referendum ballot returned by each producer or may be obtained by requiring handlers to report that volume pursuant to Section 58775. (Amended by Stats. 1986, Ch. 677, Sec. 9.)
  64. 58994.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director issues a marketing order or major amendment for producer, handler, or processor approval, the director must decide whether approval will be 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58994. If any marketing order or any major amendment to any marketing order is issued by the director for the approval of producers, handlers, or processors, the director shall determine whether the approval shall be by written assents or by referendum. (Amended by Stats. 1986, Ch. 677, Sec. 10.)
  65. 58995.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director decides a matter should go to referendum, the director must set a referendum period of up to 30 days and then count and tabulate the ballots when that period ends.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58995. If the director determines that it should be by referendum, the director shall establish a referendum period not to exceed 30 days. If the director determines that the referendum period so established does not provide sufficient time for the balloting, the director may extend the referendum period not more than 15 additional days. At the close of the referendum period, the director shall count and tabulate the ballots filed during the referendum period. (Amended by Stats. 1986, Ch. 677, Sec. 11.)
  66. 58996.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make a marketing order or amendment effective if the referendum results show enough producers voted and enough voted in favor to show direct approval.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58996. If from the tabulation the director finds that the number of producers that voted in the referendum and that the number of producers that voted in favor of the marketing order or amendment to the marketing order are sufficient for him to make the finding that producers that are directly affected have approved the marketing order or amendment, the director may make the marketing order or amendment to the marketing order effective. (Enacted by Stats. 1967, Ch. 15.)
  67. 58997.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director determines the referendum support is not enough, the marketing order or amendment must not be made effective.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58997. If the director finds from the tabulation of such referendum that the number of producers that voted in favor of such marketing order or amendment to the marketing order is not sufficient for him to make the finding that producers that are directly affected have approved the marketing order or amendment to it, he shall not make the marketing order or amendment effective. (Enacted by Stats. 1967, Ch. 15.)
  68. 58998.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may set additional procedures needed to conduct the 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58998. The director may prescribe such additional procedures as may be necessary to conduct the referendum. (Enacted by Stats. 1967, Ch. 15.)
  69. 58999.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must treat the approval of a qualifying nonprofit agricultural cooperative marketing association as the producers’ assent, approval, or favor when deciding whether a marketing order or major amendment has been accepted.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 58999. In finding whether the marketing order or major amendment to it is assented to in writing or approved or favored by producers pursuant to the provisions of this chapter, the director shall consider the approval of any nonprofit agricultural cooperative marketing association, which is authorized by its members so to assent, as being the assent, approval, or favor of the producers that are members of, or stockholders in, that nonprofit agricultural cooperative marketing association. (Amended by Stats. 1986, Ch. 677, Sec. 12.)
  70. 590.

    ## 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. )

    Verify source ↗

    This section defines terms used in the Farm to Community Food Hub Program 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. ) ## 590. For the purposes of this article, the following definitions apply: (a) “Beginning,” in reference to a farmer or rancher, means a person who has materially and substantially participated in the operation of a farm or ranch for 10 years or less. (b) “Limited resource” has the same definition as in Section 760.107 of Title 7 of the Code of Federal Regulations. (c) “Office” means the Office of Farm to Fork in the department. (d) “Program” means the Farm to Community Food Hub Program. (e) “Socially disadvantaged” has the same definition as in Section 512. (f) “Sustainable agriculture production practices or methods” means practices, including, but not limited to, organic methods, biological control, and integrated pest management, and ecologically beneficial means of soil improvement, irrigation, cultivation, harvesting, transportation, and marketing for California agriculture based on methods, as identified by the department. (Added by Stats. 2021, Ch. 608, Sec. 1. (AB 1009) Effective January 1, 2022. Repealed as of January 1, 2034, pursuant to Section 593.)
  71. 59000.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A producer selling a growing crop for another person to harvest and market is entitled to assent to, or vote in, a referendum if the producer keeps the exclusive right to do so at the time of sale and the crop quantity can be determined to the director’s satisfaction.

    ## 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 12. Assent to Marketing Orders [58991 - 59000] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59000. Any producer that sells a growing crop to be harvested and marketed by another person is entitled to assent to, or vote in a referendum, if both of the following requirements are complied with: (a) At the time of sale of such growing crop the producer retains the exclusive right so to assent or to so vote. (b) The quantity of such growing crop can be determined to the satisfaction of the director. (Enacted by Stats. 1967, Ch. 15.)
  72. 5901.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may declare an area a citrus white fly district by proclamation when citrus white fly is known to exist there.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5901. To provide for the eradication of the citrus white fly, the director may by proclamation declare any portion of the state where the citrus white fly is known to exist to be a citrus white fly district. (Enacted by Stats. 1967, Ch. 15.)
  73. 5902.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A proclamation must state that the citrus white fly district exists and describe its boundaries.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5902. The proclamation shall state both of the following: (a) The existence of the citrus white fly district. (b) The description of the boundaries of the district. (Enacted by Stats. 1967, Ch. 15.)
  74. 59021.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When making major amendments to a marketing order effective, the director must use the same procedures required in this chapter for creating a 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59021. In making effective major amendments to a marketing order, the director shall follow the same procedures which are prescribed in this chapter for the institution of a marketing order. (Enacted by Stats. 1967, Ch. 15.)
  75. 59022.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says a “major amendment” to a marketing order includes, at minimum, amendments specified in Sections 59023 to 59035.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59022. For the purposes of this chapter, a major amendment to a marketing order shall include, but not be limited to, any amendment which is specified in Sections 59023 to 59035, inclusive. (Enacted by Stats. 1967, Ch. 15.)
  76. 59023.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says when an amendment counts as a major amendment: if it adds to or deletes from a marketing order authority covering surplus determination, surplus control and disposition, or a stabilization fund for surplus obligations.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59023. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for any of the following: (a) Determining the existence and extent of the surplus of any commodity, or of any grade, size, or quality of it. (b) Providing for the control and disposition of such surplus and for equalizing the burden of such surplus elimination. (c) The establishment of a stabilization fund for equalizing surplus obligations. (Enacted by Stats. 1967, Ch. 15.)
  77. 59024.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds to or removes a marketing-order power to limit the total quantity of a commodity, or its grade, size, or quality, for market preparation or marketing in California.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59024. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for limiting the total quantity of any commodity, or of any grade, size, or quality of it, which may be prepared for market or marketed within this state. (Enacted by Stats. 1967, Ch. 15.)
  78. 59025.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment is a major amendment if it adds to or removes marketing-order authority to allot commodity quantities or qualities handled by handlers on behalf of producers 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59025. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or of any grade, size, or quality of it, which any handler may purchase or acquire from or handle on behalf of any and all producers of such commodity within this state. (Enacted by Stats. 1967, Ch. 15.)
  79. 59026.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds to or deletes from a marketing order authority about allotting quantities of a commodity or its grade, size, or quality.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59026. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or of any grade, size, or quality of it, which any handler may process, distribute, or handle within this state. (Enacted by Stats. 1967, Ch. 15.)
  80. 59027.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment is a major amendment if it adds to or deletes from marketing order authority that regulates when a commodity may be processed, distributed, or marketed 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59027. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for regulating the period during which any commodity, or any grade, size, or quality of such commodity, may be processed, distributed, or otherwise marketed within this state. (Enacted by Stats. 1967, Ch. 15.)
  81. 59028.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds to or deletes from a marketing order authority for certain surplus, stabilization, or byproduct pools, or for commodity grade, size, quality, or condition.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59028. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of surplus, stabilization, or byproduct pools for any commodity, or of any grade, size, quality, or condition of it. (Enacted by Stats. 1967, Ch. 15.)
  82. 59029.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines when an amendment counts as a major 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59029. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of uniform grading and inspection of any commodity and the establishment of grading standards of quality, condition, size, or pack of such commodity. (Enacted by Stats. 1967, Ch. 15.)
  83. 5903.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must publish a copy of the proclamation in one or more newspapers of general circulation in the infested district.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5903. The director shall print a copy of the proclamation in one or more papers of general circulation in the infested district. (Enacted by Stats. 1967, Ch. 15.)
  84. 59030.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines when an amendment counts as a major 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59030. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of plans for advertising and sales promotion of any commodity. (Enacted by Stats. 1967, Ch. 15.)
  85. 59031.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds to or deletes from a marketing order’s authority to prohibit unfair trade practices.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59031. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to prohibit unfair trade practices. (Enacted by Stats. 1967, Ch. 15.)
  86. 59032.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds to or deletes from a marketing order authority for production adjustment requirements and related benefit payments.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59032. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of production adjustment requirements and benefit payments which relate to them. (Enacted by Stats. 1967, Ch. 15.)
  87. 59033.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds to or deletes from a marketing order authority used to carry out research studies for producing, processing, or distributing 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59033. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for carrying out research studies in the production, processing, or distribution of any commodity. (Enacted by Stats. 1967, Ch. 15.)
  88. 59034.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds to or removes from a marketing order’s authority to increase an assessment rate above the maximum rate then authorized.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59034. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to increase an assessment rate beyond the maximum rate which is authorized by the marketing order then in effect. (Enacted by Stats. 1967, Ch. 15.)
  89. 59035.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines when an amendment counts as a “major amendment” to a 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59035. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to extend the application of the provisions of any marketing order to portions or uses of a commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of any such commodity. (Enacted by Stats. 1967, Ch. 15.)
  90. 59036.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A change to a marketing order that only clarifies meaning or application, or adjusts administrative procedures, is not treated as a major 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59036. Modification of any provision of any marketing order in effect for the purpose of clarifying the meaning or application of such provision or modifying administrative procedures for carrying out such provision is not a major amendment of such marketing order. (Enacted by Stats. 1967, Ch. 15.)
  91. 59037.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director’s exercise of authorized regulatory authority is not a major amendment; it is treated as a seasonal marketing regulation.

    ## 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 13. Major Amendments [59021 - 59037] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59037. The exercise by the director of any regulatory authority which is authorized in a marketing order or marketing agreement is not a major amendment, but is a seasonal marketing regulation. (Enacted by Stats. 1967, Ch. 15.)
  92. 5904.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A plant in a citrus white fly district is deemed a public nuisance if it is infested with citrus white fly, its eggs, larvae, or pupae, or if there is reasonable cause to believe it may be infested.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5904. Every plant within a citrus white fly district which is infested with citrus white fly or with the eggs, larvae, or pupae of the citrus white fly, or which there is reasonable cause to believe may be infested with citrus white fly, is a public nuisance. (Amended by Stats. 1967, Ch. 262.)
  93. 5905.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a district contains any known host plant of citrus white fly, that fact is treated as reasonable cause to believe the plant is infested.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5905. The existence of any known host plant of citrus white fly within the boundaries of the district is reasonable cause to believe the host plant is infested with the citrus white fly. (Amended by Stats. 1967, Ch. 262.)
  94. 59051.

    ## 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 14. Minor Amendments [59051 - 59052] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make minor amendments to a marketing order if the advisory board recommendation threshold is met.

    ## 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 14. Minor Amendments [59051 - 59052] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 59051. The director may make minor amendments to any marketing order upon the recommendation of not less than 75 percent of the producer members or handler members of the advisory board, or not less than 75 percent of each group if both are represented upon the advisory board. (Enacted by Stats. 1967, Ch. 15.)
  95. 59052.

    ## 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 14. Minor Amendments [59051 - 59052] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may require a public hearing for minor amendments if the director thinks their substance warrants it, and is not required to submit minor amendments for written assents or referendum approval.

    ## 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 14. Minor Amendments [59051 - 59052] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 59052. The director may require a public hearing upon minor amendments if in his opinion the substance of such minor amendments so warrant. The director is not, however, required to submit minor amendments for written assents or referendum approval. (Enacted by Stats. 1967, Ch. 15.)
  96. 5906.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department and the commissioners may order destruction of any host plant of the citrus white fly, and may do so summarily.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5906. The department and the commissioners may cause the destruction of any host plant of the citrus white fly in a summary manner. (Enacted by Stats. 1967, Ch. 15.)
  97. 5907.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An enforcing officer may order treatment of a host plant in summary manner if the officer thinks the treatment can destroy citrus white flies or their eggs, larvae, or pupae.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5907. If, in the opinion of the enforcing officer, the host plant may be treated in a manner to destroy all citrus white flies or the eggs, larvae, or pupae of the citrus white fly which are or may be on the plant, the officer may in a summary manner cause such treatment to be given. (Enacted by Stats. 1967, Ch. 15.)
  98. 59081.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must suspend or terminate a marketing order if, after a properly noticed public hearing, the director finds the order does not match the chapter’s purposes or provisions.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59081. The director shall suspend or terminate any marketing order, if he finds, after a public hearing duly noticed and held in accordance with the provisions of Article 6 (commencing with Section 58771) of this chapter, that such marketing order is contrary to, or does not tend to effectuate, the declared purposes or provisions of this chapter within the standards and subject to the limitations and restrictions which are imposed in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  99. 59082.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must terminate a marketing order if enough directly affected producers or handlers ask in writing within 90 days and meet the 51% thresholds.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59082. The director shall terminate any marketing order if he finds that the termination of the marketing order is requested in writing, within a 90-day period, by at least 51 percent of the producers that are directly affected that produce at least 51 percent of the volume of the product, or by at least 51 percent of the handlers that are directly affected that handle at least 51 percent of the volume of the product. The person or persons originating such a written request shall file a written notice with the director in such a manner that the date such a request is initiated can be readily ascertained. Any such person may withdraw his name from such a written request until the time the request is presented to the director. A request to terminate a marketing order shall be submitted to the director by a petition signed by not less than the number of producers or handlers which produce or handle the volume of products specified in this section. The signatures to the petition need not all be appended to one sheet of paper. Each person signing the petition shall add to his signature his place of business, giving street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained. Before circulating a petition to terminate a marketing order, its proponents shall notify the director of their intent to do so in order to ascertain the beginning date of the 90-day period. After such notification to the director, the petition may be circulated among the producers or handlers affected. The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. Any person may withdraw his name from a petition to terminate any marketing order until the time the petition is presented to the director. (Amended by Stats. 1976, Ch. 644.)
  100. 59083.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If enough affected producers and handlers request reapproval, the director must hold a hearing on the 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59083. If at least 25 percent of the producers that are directly affected that produce at least 25 percent of the product and at least 25 percent of the handlers that are directly affected that handle at least 25 percent of the product request, within a 90-day period, that such marketing order be submitted to reapproval, the director shall hold a hearing on the question of the reapproval of such marketing order, and whether such reapproval shall be by assent or referendum. If the director finds after the hearing that a substantial question exists as to whether such marketing order is contrary to, or does not effectuate the declared purposes or provisions of, this chapter within the standards and subject to the limitations and restrictions which are imposed in this chapter, such marketing order shall be submitted for the reapproval of those producers and handlers that are directly affected, as provided in this article, within 120 days of the receipt of the original request. The person or persons originating such a request shall file a written notice with the director in such a manner that the date such a request is initiated can be readily ascertained. Persons may withdraw their names from such a request until the time the request is presented to the director. A request to hold a public hearing on a marketing order shall be submitted to the director by a petition signed by not less than the number of producers or handlers which produce or handle the volume of products specified in this section. The signatures to the petition need not all be appended to one sheet of paper. Each person signing the petition shall add to his signature his place of business, giving street and number. If no street and number exist, then a designation of the place of business shall be given which will enable the location to be readily ascertained. Before circulating a petition to hold a public hearing on a marketing order, its proponents shall notify the director of their intent to do so in order to ascertain the beginning date of the 90-day period. After such notification to the director, the petition may be circulated among the producers or handlers affected. The petition shall bear a copy of the notice of intention. Signatures shall be secured within the time limit specified in this section. Any person may withdraw his name from a petition to hold a public hearing on any marketing order until the time the petition is presented to the director. (Amended by Stats. 1976, Ch. 644.)
  101. 59084.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director finds a marketing order is not reapproved, the director must declare it terminated.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59084. If the director finds that the marketing order is not reapproved, he shall declare such order terminated. An order shall be considered reapproved if it has been assented to or favored at a referendum in the same manner as is required for a new marketing order. (Enacted by Stats. 1967, Ch. 15.)
  102. 59085.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director finds substantial opposition from people directly affected by an order, the director must hold a hearing and then act on the order within 60 days.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59085. At any time the director finds that a substantial number of persons that are directly affected by an order are in opposition to it, he shall hold a hearing on the question of the termination, suspension, amendment, or reapproval of such order, and shall, not more than 60 days after such hearing, terminate, suspend, or submit for amendment or reapproval such order, or make a finding that there is not sufficient opposition to the order to warrant any action. (Enacted by Stats. 1967, Ch. 15.)
  103. 59086.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must hold a hearing at least every five years when a marketing order has no shorter reapproval or termination period, and may require the order to be resubmitted for reapproval if the hearing shows a substantial question.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59086. A marketing order shall not be submitted for reapproval until one year after the original enactment, or within one year of any prior approval. However, if no provision is made in any marketing order for reapproval or for termination in less than five years, the director shall at least once each five years hold a hearing, duly noticed and held in accordance with the provisions of this chapter. If the director finds after the hearing that a substantial question exists as to whether such marketing order is contrary to, or does not effectuate the declared purposes or provisions of this chapter within the standards and subject to the limitations and restrictions which are imposed in this chapter, such marketing order shall be submitted for reapproval. The vote for reapproval shall be the same as used for original approval of a marketing order. The director shall determine whether such approval shall be by assent or referendum. An amendment to a marketing order which extends the term thereof shall be deemed a reapproval of the marketing order. A marketing order which within five years prior to the effective date of this act has been amended to fix or extend its term shall be deemed to have been duly reapproved. (Amended by Stats. 1967, Ch. 1372.)
  104. 59087.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may terminate certain inoperative marketing orders or agreements after notice, and the termination is delayed for five days after posting 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59087. (a) The secretary may terminate, without a public hearing, any marketing order or marketing agreement that has been inoperative for three consecutive marketing seasons after giving notice of intent to terminate the marketing order or marketing agreement pursuant to subdivision (b) of this section. (b) The notice shall be posted on the department’s Internet Web site. Termination shall not become effective until five days after the date of the posting. The secretary shall also issue, at the time of the posting, a public notice to newspapers of general and statewide circulation concerning the secretary’s intention to terminate the marketing order or marketing agreement. (Amended by Stats. 2018, Ch. 223, Sec. 2. (AB 3260) Effective January 1, 2019.)
  105. 59088.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A suspension or termination of a marketing order or marketing agreement under this article cannot take effect until the current marketing season ends.

    ## 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 15. Termination or Suspension [59081 - 59088] ( Article 15 enacted by Stats. 1967, Ch. 15. ) ## 59088. No suspension or termination of any marketing order or marketing agreement pursuant to this article shall become effective until the expiration of the marketing season then current. (Enacted by Stats. 1967, Ch. 15.)
  106. 591.

    ## 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. )

    Verify source ↗

    The Farm to Community Food Hub Program is established and must be run by the Office of Farm to Fork, which must work with a seven-person-plus working group. Working group participants must recuse themselves in certain grant-related conflicts, may still give general guidance after recusal, and must receive a reasonable per diem.

    ## 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. ) ## 591. (a) The Farm to Community Food Hub Program is hereby established for the purpose of piloting investments in the capital aggregation and distribution infrastructure needed to increase purchasing of local, environmentally sustainable, climate-smart, and equitably produced food by schools and other institutions, build a better food system economy, support the local farming economy, accelerate climate adaptation and resilience, and employ food system workers with fair wages and working conditions. (b) The program shall be administered by the Office of Farm to Fork in the department. In administering the program, the office shall develop and consult with a working group comprising at least seven individuals who possess expertise in the operation of food hubs and the areas described in subdivision (a), including, but not limited to, representatives of the Sustainable Agriculture and Research Education Program, housed within the University of California Agriculture and Natural Resources, representatives of the department’s BIPOC Producer Advisory Committee and Small-Scale Producer Advisory Committee, technical experts with experience establishing a food hub, food supply chain representatives such as producers, processors, or purchasers with expertise working with small and socially disadvantaged farms, and at least one representative with expertise in advancing food system improvements that are supportive of local food systems. (c) (1) A participant of the working group shall recuse themself from any matter involving the scoring of grant applications or directing of grant funds, if an entity for which they serve on the board of directors or in any other role intends to apply, or has applied, for a grant under the program. (2) A participant of the working group who recuses themself pursuant to paragraph (1) may still serve on the working group to provide general guidance on the formation of the program. (d) Participants of the working group shall receive a reasonable per diem allowance. (e) The working group is not subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2024, Ch. 917, Sec. 1. (SB 1448) Effective September 28, 2024. Repealed as of January 1, 2034, pursuant to Section 593.)
  107. 5911.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    This section makes findings about citrus diseases and says the article is meant to support an industry-funded program to combat citrus-specific diseases, vectors, and pests in California.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5911. (a) The Legislature hereby finds and declares that the citrus killing diseases, Huanglongbing, citrus leprosis, citrus variegated chlorosis, and citrus canker, and the associated vectors present a clear and present danger to California’s citrus industry, as well as to other commodities and plant life. (b) This article is intended to establish an industry-funded program to assist in combating citrus specific diseases, vectors, and pests when found in California. (c) This article is not intended to create new mandates or circumvent state and federal authority on citrus or other agricultural commodities. (d) This article is not intended to establish a precedent, or to supersede or supplant in any way federal, state, or local government funding of efforts to combat citrus diseases and other pests in this state. (e) The prevention and management of citrus diseases is a matter of public interest. The provisions of this article are enacted for the protection of the citrus industry and in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (f) The Legislature finds and declares that the California citrus industry creates one billion eight hundred million dollars ($1,800,000,000) in citrus fruit, another one billion two hundred million dollars ($1,200,000,000) in economic activity, and employs an estimated 25,000 people in the state. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  108. 59111.

    ## 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 16. Publication of Notice [59111- 59111.] ( Article 16 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When a marketing order or marketing agreement is issued, amended, suspended, or terminated, notice must be mailed by the secretary and the action does not take effect until five days after posting on the department’s website.

    ## 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 16. Publication of Notice [59111- 59111.] ( Article 16 enacted by Stats. 1967, Ch. 15. ) ## 59111. (a) Upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance shall be posted on the department’s Internet Web site. A marketing order or marketing agreement, or any suspension, amendment, or termination of it, shall not become effective until five days after the date of the posting. The secretary shall also mail a copy of the notice to every person that is directly affected by the terms of the marketing order or marketing agreement, or the suspension, amendment, or termination of the marketing order or marketing agreement, whose name and address are on file in the office of the secretary, and to every person that files in the office of the secretary a written request for the notice. (b) This section does not apply to the termination of any marketing order or marketing agreement under Section 59087. (Amended by Stats. 2018, Ch. 223, Sec. 3. (AB 3260) Effective January 1, 2019.)
  109. 5912.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    This section defines terms used in the citrus disease prevention 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5912. Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Carton” means a unit equivalent to 40 pounds of citrus fruit. (b) “Citrus” means “citrous” and any plants of the genera Citrus, Fortunella, Poncirus, and all hybrids having one or more of such as parents. (c) “Citrus disease” includes any infectious, transmissible, or contagious disease or vector infesting citrus trees. (d) “Committee” means the California Citrus Pest and Disease Prevention Committee. (e) “Department” means the Department of Food and Agriculture. (f) “Districts,” except as otherwise provided in Section 5914, consist of the following geographical areas: (1) The Southern District consists of all growing areas in San Bernardino County and all other areas to the south, west, and east of San Bernardino County that are not included in any other district. (2) The Coastal District consists of all growing areas in the Counties of Monterey, San Luis Obispo, Santa Barbara, and Ventura. (3) The Kern District consists of all growing areas in Kern County. (4) The Tulare District consists of all growing areas in Tulare County. (5) The Northern District consists of all growing areas in Fresno County and all other areas to the north that are not included in any other district. (g) “Handler” means a person or entity who receives citrus fruit from a producer and who prepares the citrus fruit for fresh market. (h) “Marketing season” begins October 1 of each year and ends September 30 of the next year. (i) “Person” means a producer, handler, or any other entity that holds title to citrus fruit subject to assessment pursuant to this article. (j) “Producer” means any person in this state who is a grower of citrus fruit, but does not include a citrus nursery. (k) “Secretary” means the Secretary of Food and Agriculture. (l) “Specific to citrus” means of exclusive or principal concern to citrus as opposed to other commodities. (m) “Technical Advisory Committee” means the committee in existence at the effective date of this article, or its successor, that is responsible for developing and approving the citrus tristeza virus effective plan for the Central California Tristeza Eradication Agency. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  110. 5913.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    This section creates the Citrus Disease Management Account and limits certain money to fighting citrus pests, diseases, and vectors, once the Legislature appropriates it.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5913. (a) There is hereby created the Citrus Disease Management Account in the Department of Food and Agriculture Fund. (b) The Citrus Disease Management Account shall consist of money from federal, industry, and other non-General Fund sources. Money from federal, industry, and other non-General Fund sources shall be available upon appropriation by the Legislature for the sole purpose of combating citrus specific pests, diseases, and their vectors. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  111. 5914.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    This section creates the California Citrus Pest and Disease Prevention Committee and sets how its members are appointed, how many there are, how terms work, and how the committee operates.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5914. (a) There is hereby created in the department the California Citrus Pest and Disease Prevention Committee. (b) The committee shall be composed of 17 members. Fourteen producer representatives shall be appointed by the secretary from nominations received from each district. District representation shall be determined by the secretary on a proportional basis equal to the production history of each district for the previous two years. The secretary shall also strive to appoint producers representing the different varieties of citrus fruit produced in California. (c) One member shall be a public member, appointed by the secretary from the nominees recommended by the committee. (d) Two members shall be citrus nursery operators, one representing northern California, defined as counties in the San Joaquin Valley and north but not including counties on the coast who shall be represented by a southern California designee, and one representing southern California, appointed by the secretary from the nominees recommended by the committee. (e) (1) The initial members of the committee shall be appointed within 30 days of the enactment of this article. The members shall serve staggered terms. The terms of the members of the committee shall expire as follows: (A) Two members on September 30, 2010. (B) Five members on September 30, 2011. (C) Five members on September 30, 2012. (D) Five members on September 30, 2013. (2) The members of the committee shall allocate the initial terms among themselves by lot or other method. (f) Appointments to the committee shall be for terms of four years. Vacancies shall be immediately filled by the secretary based on recommendations from the committee for the unexpired portion of the terms in which they occur. (g) The secretary and other appropriate individuals, including, but not limited to, county agricultural commissioners, pest control advisors, and representatives of the University of California and California State University systems, as determined by the secretary, in consultation with the committee, shall be nonvoting ex officio members of the committee. (h) Committee members may be compensated for reasonable expenses actually incurred in the performance of their duties, as determined by the secretary after consultation with the committee. (i) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of three committee members. (j) The committee shall appoint a chairperson, one or more vice chairpersons, and any other officers it deems necessary. (k) The Legislature finds and declares that persons appointed to the committee are intended to represent and further the interests of the citrus industry, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the citrus industry is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  112. 59141.

    ## 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 17. General Rules and Regulations [59141 - 59142] ( Article 17 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make general rules and regulations that apply uniformly to marketing orders and marketing agreements 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 17. General Rules and Regulations [59141 - 59142] ( Article 17 enacted by Stats. 1967, Ch. 15. ) ## 59141. The director may establish such general rules and regulations for uniform application to all marketing orders and marketing agreements which are issued pursuant to this chapter as may be necessary to facilitate the administration and enforcement of such marketing orders and agreements. (Enacted by Stats. 1967, Ch. 15.)
  113. 59142.

    ## 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 17. General Rules and Regulations [59141 - 59142] ( Article 17 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says Article 16 rules on posting and when they take effect apply to general rules and regulations made under this article and to marketing orders generally, and that the related notice must be mailed to each active 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 17. General Rules and Regulations [59141 - 59142] ( Article 17 enacted by Stats. 1967, Ch. 15. ) ## 59142. The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting and time of taking effect are applicable to any general rule and regulation which is established pursuant to this article and applicable to marketing orders generally. Such notice shall be mailed to the advisory board for each marketing order or marketing agreement which is in active operation. (Amended by Stats. 1979, Ch. 871.)
  114. 5915.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    The committee’s powers are limited to citrus-related activities, and it may develop a work plan, make recommendations to the secretary, and recommend regulations. The department is the lead agency unless another lead is agreed to.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5915. (a) The powers and duties of the committee are limited to activities involving the producers of citrus fruit and residential owners of citrus fruit or other host material. (b) The committee may do all of the following: (1) Develop, subject to the approval of the secretary, a statewide citrus specific pest and disease work plan that includes, but is not limited to, the following: (A) Informational programs to educate and train residential owners of citrus fruit, local communities, groups, and individuals on the prevention of pests, and diseases and their vectors, specific to citrus. (B) Programs for surveying, detecting, analyzing, and treating pests and diseases specific to citrus involving producers of citrus fruit and residential owners of citrus fruit and host materials, except as provided in Section 5930. (2) Submit recommendations to the secretary on, but not limited to, the following: (A) Annual assessment rate. (B) Annual budget. (C) Expenditures necessary to implement the statewide work plan developed pursuant to this section. (D) The amount of fees to be levied, as provided in Section 5919. (E) The receipt of money from other sources to pay any obligation of the committee and to accomplish the purposes of the committee in the manner provided in this article. (3) Recommend to the secretary the adoption of regulations consistent with the powers and duties of the committee. (c) The committee shall not engage in any activity deemed by the secretary to be contradictory to any eradication program or quarantine implemented to combat citrus specific pests, diseases, or related vectors. (d) For any program or activity occurring pursuant to this section, the department shall be the lead agency, unless an agreement is reached between the committee and the secretary to authorize another agency within the state or local government to act as lead for specific activities. (e) Any program or activity submitted by the committee to, and approved by, the secretary pursuant to this section shall not be altered without first notifying the committee of the alteration. (Amended by Stats. 2014, Ch. 924, Sec. 2. (SB 1018) Effective January 1, 2015. Conditionally inoperative as provided in Section 5927.)
  115. 5916.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    After the committee recommends regulations, the secretary must act within 30 working days by starting rulemaking, declining with written reasons, or asking for more information.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5916. (a) Upon receipt of a recommendation from the committee for the adoption of regulations, the secretary shall do one of the following within 30 working days: (1) Initiate the rulemaking process to adopt the recommendation of the committee. (2) Decline to initiate the rulemaking process and provide the committee with a written statement of reasons for the decision. (3) Request the committee to provide additional information regarding the recommended regulations. (b) All regulations adopted pursuant to this article shall be adopted in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and may be subsequently repealed or amended as provided for in that act. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  116. 59161.

    ## 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 18. Administrative Rules and Regulations [59161 - 59163] ( Article 18 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may establish administrative rules and regulations for marketing orders or agreements, if recommended by the relevant advisory board, and may do so without prior 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 18. Administrative Rules and Regulations [59161 - 59163] ( Article 18 enacted by Stats. 1967, Ch. 15. ) ## 59161. Upon recommendation of the advisory board which is concerned, the director may, without prior notice and hearing, establish administrative rules and regulations for each marketing order or marketing agreement which is issued and made effective as may be necessary to facilitate the administration and enforcement of each such order or agreement. (Enacted by Stats. 1967, Ch. 15.)
  117. 59162.

    ## 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 18. Administrative Rules and Regulations [59161 - 59163] ( Article 18 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Rules and regulations under this section may cover explanatory methods, reporting forms, information sharing, and other procedures to help producers and handlers understand and comply with a marketing order or agreement.

    ## 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 18. Administrative Rules and Regulations [59161 - 59163] ( Article 18 enacted by Stats. 1967, Ch. 15. ) ## 59162. Such rules and regulations may include, but shall not be limited to, any of the following: (a) Methods and procedures for the purpose of explaining or clarifying the provisions of such marketing order or agreement. (b) Prescribing reporting forms and procedures to be followed by producers and handlers that are directly affected by such marketing order or agreement. (c) Providing information to producers and handlers that are subject to such marketing order or agreement. (d) Other similar procedural and explanatory provisions to enable such producers and handlers better to understand the program and their respective obligations under it and thereby assist in obtaining cooperation and compliance. (Enacted by Stats. 1967, Ch. 15.)
  118. 59163.

    ## 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 18. Administrative Rules and Regulations [59161 - 59163] ( Article 18 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Article 16 rules on posting, mailing notice, and when rules take effect apply to these administrative rules and 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 18. Administrative Rules and Regulations [59161 - 59163] ( Article 18 enacted by Stats. 1967, Ch. 15. ) ## 59163. The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting, mailing of notice, and time of taking effect are applicable to any such administrative rules and regulations. (Amended by Stats. 1979, Ch. 871.)
  119. 5917.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    Members or agents of the committee are not personally liable for committee or department actions, and are not individually responsible for others’ errors, except for their own dishonesty or crime.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5917. No member or agent of the committee shall be personally liable for the actions of the committee or the department. No member or agent of the committee is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, by either commission or omission, as a principal, agent, or employee except for his or her own individual acts of dishonesty or crime. No member or agent of the committee is responsible individually for an act or omission of any other member or agent of the committee or the department. Liability is several and not joint, and no member or agent of the committee is liable for the default of any other member or agent of the committee or the department. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  120. 59171.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue or change seasonal marketing regulations without prior notice or public hearing for affected producers or handlers, if the required conditions are met.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 59171. Upon recommendation of the advisory board which is concerned, the director may, without prior notice to, and public hearing for, the producers or handlers of the commodity which is directly affected, issue and make effective seasonal marketing regulations or modifications of such regulations if all of the following requirements are complied with: (a) The marketing order, or agreement concerned provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing and sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the director. (b) The director finds that such seasonal marketing regulations or modifications of them are reasonable and proper and a practical means of carrying out the marketing provisions which are authorized in such marketing order or agreement and will tend to effectuate the declared purposes and policies of the chapter with respect to such commodity. (Enacted by Stats. 1967, Ch. 15.)
  121. 59172.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Seasonal marketing regulations apply to a particular marketing order or agreement to carry out its regulatory authorizations and provisions.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 59172. Seasonal marketing regulations shall be applicable to a particular marketing order or agreement for the purpose of carrying into effect by administrative order, the marketing regulatory authorizations and provisions of such marketing order or agreement as such authorizations or provisions may be applicable to, or required by, changing economic or marketing conditions and requirements, from time to time, during each marketing season in which such marketing order or agreement may operate. (Enacted by Stats. 1967, Ch. 15.)
  122. 59173.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Seasonal marketing regulations cannot go beyond the authorizations in the related marketing order or agreement.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 59173. Seasonal marketing regulations shall not extend beyond the marketing regulatory authorizations which are specified in the marketing order or agreement concerned, or modify or change the language of such marketing order or marketing agreement by adding to, or subtracting from, such marketing order or agreement any of the marketing regulatory authorizations which are classed in Article 13 (commencing with Section 59021) of this chapter as major amendments, or modify the language of any marketing order or agreement for the purpose of clarification as provided in Article 14 (commencing with Section 59051) of this chapter for minor amendments. (Enacted by Stats. 1967, Ch. 15.)
  123. 59174.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must notify directly affected producers and handlers about the issuance and effective date of seasonal marketing regulations, or any changes to 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 59174. Notice of the issuance and the effective date of any such seasonal marketing regulations, or modifications of them, shall be given by the director to all producers and handlers that are directly affected by any such regulations in the manner and within the time which is specified in the applicable marketing order or agreement, or as specified in the administrative rules and regulations which are made effective for such marketing order or agreement pursuant to Article 18 (commencing with Section 59161) of this article. (Enacted by Stats. 1967, Ch. 15.)
  124. 59175.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The section states that for some commodities, seasonal marketing regulations may need to change very quickly, even weekly or more often, because marketing, weather, and other conditions can change rapidly.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 59175. It is recognized that, with respect to some commodities, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or oftener. (Enacted by Stats. 1967, Ch. 15.)
  125. 59176.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article should be read broadly, and the director may carry out the article’s marketing regulations and procedures practically and effectively.

    ## 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 19. Seasonal Marketing Regulations [59171 - 59176] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 59176. It is intended that the provisions of this article be interpreted liberally so that the director may carry out the marketing regulations and procedures authorized in this article in a practical and effective manner. (Enacted by Stats. 1967, Ch. 15.)
  126. 5918.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    The committee must reimburse the secretary for covered expenditures, and the secretary may not seek reimbursement for costs above committee-developed expenditures without first notifying the committee.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5918. (a) The committee shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. (b) The secretary shall not seek reimbursement for costs that exceed expenditures developed by the committee without first notifying the committee of the additional expenditures. (Amended by Stats. 2015, Ch. 374, Sec. 4. (AB 862) Effective January 1, 2016. Conditionally inoperative as provided in Section 5927.)
  127. 5919.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    Producers must pay a citrus disease prevention assessment, with monthly collection and remittance by the first handler, unless production is below 750 40-pound carton equivalents.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5919. (a) During the first marketing season, beginning February 1, 2010, and ending September 30, 2010, the monthly assessment to be paid by producers shall be one cent ($0.01) per carton. Thereafter, in addition to any other assessments, fees, or charges that may be required pursuant to this code, producers shall pay a monthly assessment established by the committee that shall not exceed twelve cents ($0.12) per carton. The assessment shall be: (1) Based on the number of 40-pound carton equivalents produced. (2) Collected from the producer by the first handler. If a producer prepares the citrus fruit for market, the producer shall be deemed the handler. (3) Remitted to the department by the first handler, along with an assessment report, at the end of each month during the marketing season. (4) Deposited in the Citrus Disease Management Account in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1. The use of the funds deposited in the Citrus Disease Management Account shall be limited to the activities authorized by this article. (b) A producer producing less than 750 40-pound carton equivalents shall not be required to remit the assessment provided in subdivision (a). (c) The committee may recommend to the secretary an assessment less than the amount specified in subdivision (a) or no assessment if no disease prevention program is necessary or if there is sufficient reserve to operate the program, except as provided in Section 5930. (Amended by Stats. 2016, Ch. 279, Sec. 1. (SB 822) Effective January 1, 2017. Conditionally inoperative as provided in Section 5927.)
  128. 592.

    ## 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. )

    Verify source ↗

    This section sets up a farm to community food hub program, directs the office to run grant phases and reporting, and requires funded hubs to report quarterly.

    ## 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. ) ## 592. (a) The program shall incentivize the creation and permanency of public-serving aggregation and distribution enterprises, known as farm to community food hubs, which may be operated by a nonprofit organization, school district, county office of education, cooperative, food and agriculture-related business, or Certified B Corporation. A farm to community food hub shall do all of the following: (1) Serve as an aggregator and supply chain intermediary for local or regional farms or ranches, particularly those optimizing sustainable agriculture production practices or methods and following state labor practices. The farm to community food hub shall prioritize, to the greatest extent possible, but is not limited to, serving farms or ranches that are 500 acres or less, cooperatively owned, or owned by farmers or ranchers who are socially disadvantaged, beginning, limited resource, veterans, or disabled. (2) Prioritize, to the greatest extent feasible, distributing food products from the farms or ranches described in paragraph (1) to public institutions and nonprofit organizations, with primary emphasis on public schools and food banks in the region. Distribution of the food products may be contracted to a value-added intermediary, such as a produce, grain, meat, or seafood processor, if the food products are ultimately provided on a prioritized basis to public institutions or nonprofit organizations. (3) Ensure that the farms and ranches with which it works comply with all laws, rules, and regulations, including labor and environmental requirements and standards. (b) The program shall prioritize the creation of new farm to community food hubs and may be administered in two phases, as follows: (1) During the first phase of the program, the office shall solicit and select proposals throughout the state to create farm to community food hubs that meet the requirements in subdivision (a), and award planning grants to selected proposals. (2) During the second phase of the program, the office shall select at least three of the proposals awarded planning grants pursuant to paragraph (1) and award to those proposals development grants for capital and operating expenses of each farm to community food hub for a five-year period. (c) As a condition of the receipt of funds pursuant to paragraph (2) of subdivision (b), a farm to community food hub shall report to the office every quarter for five years after the receipt of the funds regarding the use of the funds. (d) Notwithstanding Section 10231.5 of the Government Code, for at least five years following the initial award of development grant funding pursuant to paragraph (2) of subdivision (b), the office shall provide an annual report on the status of the farm to community food hubs to the Legislature, in accordance with Section 9795 of the Government Code. The report shall include information on the progress of the farm to community food hubs in all of the following areas: (1) Financial viability of self-sustainability. (2) The number and type, with respect to size and ownership, of farms from which food products were sourced, and the volumes of food products sourced from each farm. (3) The number and type of institutions served by farm to community food hubs, and the volumes of food products provided to each institution. (e) The program or a farm to community food hub awarded a development grant pursuant to paragraph (2) of subdivision (b) may accept federal, state, industry, philanthropic, and private sources of funding. (Amended by Stats. 2024, Ch. 917, Sec. 2. (SB 1448) Effective September 28, 2024. Repealed as of January 1, 2034, pursuant to Section 593.)
  129. 5920.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    Handlers must file monthly assessment reports and assessments on time, and they may not refuse to collect or remit assessments or charge producers an administrative fee for doing so.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5920. (a) Upon establishment of a disease prevention program, any handler who does not file the required monthly assessment report and assessments by the 10th day of the month following the month for which the assessment is payable shall pay a penalty of 10 percent of the assessment owed and, in addition, 11/2 percent interest per month on the unpaid balance. (b) Upon establishment of a disease prevention program, it shall be unlawful for any handler to refuse to collect the assessments or remit the assessments and the proper reports required by this article. (c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment. (d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence. (e) A producer may not bring any claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer as provided in this article. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  130. 59201.

    ## 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may require processors or distributors covered by a marketing order to keep records, provide requested information, and allow inspection of relevant records.

    ## 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. ) ## 59201. The director may require any and all processors or distributors, that are subject to the provisions of any marketing order which is issued pursuant to this chapter, to maintain books and records which reflect their operations under such marketing order, and to furnish him with such information as may be from time to time requested by him which relates to operations under such marketing order, and to permit the inspection by the director of such portions of such books and records as relate to operations under such marketing order. (Enacted by Stats. 1967, Ch. 15.)
  131. 59202.

    ## 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Information obtained under this article must be kept confidential and generally must not be disclosed.

    ## 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. ) ## 59202. Information which is obtained by any person pursuant to this article is confidential and shall not be disclosed to any other person except to a person with like right to obtain the information, or any attorney who is employed to give legal advice upon it, or by court order. (Enacted by Stats. 1967, Ch. 15.)
  132. 59203.

    ## 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may hold hearings, take testimony, administer oaths, and issue subpoenas to get witnesses, books, records, or documents for this 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. ) ## 59203. For the purpose of carrying out the purposes of this article, the director may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. (Enacted by Stats. 1967, Ch. 15.)
  133. 59204.

    ## 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People subpoenaed by the director must comply even if the testimony or documents could incriminate them, but a natural person is protected from prosecution or penalties for the compelled matter, except for perjury.

    ## 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 20. Records [59201 - 59204] ( Article 20 enacted by Stats. 1967, Ch. 15. ) ## 59204. A person shall not be excused from attending and testifying, or from producing documentary evidence, before the director in obedience to the subpoena of the director on the ground, or for the reason, that the testimony or evidence, documentary, or otherwise, which is required of him may tend to incriminate him or subject him to a penalty or forfeiture. A natural person shall not, however, be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may be so required to testify, or produce evidence, documentary or otherwise, before the director in obedience to a subpoena which is issued by him. A natural person so testifying is not, however, exempt from prosecution and punishment for perjury committed in so testifying. (Enacted by Stats. 1967, Ch. 15.)
  134. 5921.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    The secretary must hold public hearings by June 30, 2013 to decide whether this article should continue, and must repeat the review every four years.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5921. No later than June 30, 2013, the secretary shall hold one or more public hearings to determine whether the operation of this article should be continued. Thereafter, the secretary shall conduct the review process every four years. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  135. 5922.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    If the secretary finds enough opposition among affected producers, the secretary must send the article for approval and set up a voter list within 90 days after the referendum requirement is met.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5922. (a) If the secretary finds after the hearing that a substantial question of opposition exists among affected producers under this article regarding whether the operation of this article should be continued, the secretary shall submit the article for approval utilizing the following voting procedures set forth in this section and Sections 5923 to 5927, inclusive. As used in this subdivision, “substantial question of opposition” means opposition to the substance of the petition among currently affected producers, and is not intended to mean a particular number of producers. (b) Within 90 days of the secretary determining the requirement for referendum has been met, the secretary shall establish a list of persons eligible to vote on the continued implementation of this article. (c) Eligibility shall be limited to producers who paid the assessment on citrus fruit in the immediately preceding marketing season. (d) (1) In establishing the list, the secretary may require handlers, producers, and others to submit the names, mailing addresses, and assessment values of all producers who paid the assessment on citrus fruit in the immediately preceding marketing season. (2) The information required by the secretary shall be filed either with the monthly assessment form or no later than 30 days following receipt of a written notice from the secretary requesting the information. (e) Any producer whose name does not appear on the secretary’s list may have his or her name added to the list by filing with the secretary a signed statement identifying himself or herself as a producer that paid an assessment during the most recent marketing season. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  136. 5923.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    Only a producer who must pay the assessment under Section 5919 may vote in the referendum required by Section 5922.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5923. For the purpose of voting in the referendum required in Section 5922, only a producer required to pay the assessment pursuant to Section 5919 shall have the right to vote. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  137. 59231.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any action for a penalty or other remedy under this chapter must be started within three years after the alleged violation.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59231. Any action for any penalty or other remedy which is prescribed under any provision of this chapter shall be commenced within three years from the date of the alleged violation. (Amended by Stats. 1976, Ch. 1222.)
  138. 59232.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article’s penalties, remedies, procedures, and actions apply to violations or complaints of violations covered by the chapter, marketing orders, and related regulations or rules issued by the director.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59232. The penalties, remedies, procedures, and actions which are prescribed by this article apply in instances of any violation or complaint of any violation of any provision of this chapter, any marketing order, or any regulation, or rule and regulation, which is issued by the director pursuant to this chapter or pursuant to any marketing order which is issued under this chapter. (Enacted by Stats. 1967, Ch. 15.)
  139. 59233.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who violates this chapter or a marketing order issued by the director is guilty of a misdemeanor and may be fined, jailed, or both.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59233. Every person that violates any provision of this chapter or any provision of any marketing order which is duly issued by the director pursuant to this chapter, is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), or by imprisonment of not less than 10 days nor more than six months, or by both such fine and imprisonment. Each violation during any day constitutes a separate offense. (Amended by Stats. 1983, Ch. 1092, Sec. 126. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  140. 59234.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who violates this chapter, a qualifying marketing order, or a qualifying rule or regulation is civilly liable for up to $2,500 for each violation.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59234. Any person that violates this chapter or any marketing order which is duly issued by the director and in effect pursuant to this chapter, or violates any rule or regulation which is issued by the director pursuant to this chapter or the marketing order, is liable civilly in an amount of not more than two thousand five hundred dollars ($2,500) for each and every violation. Each violation during any day is a separate offense. (Amended by Stats. 1990, Ch. 500, Sec. 1.)
  141. 59234.5.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may determine and collect a deficiency in a marketing program assessment payment, but must give notice and follow set petition, redetermination, and judicial review steps.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59234.5. (a) When the director makes a determination that a marketing program assessment payment due pursuant to this chapter is deficient as to the payment due, the director may determine the amount of the deficiency, including any applicable penalty, as provided in this section. After giving notice that a deficiency determination is proposed and an opportunity to file a report or provide supplemental information is provided, the director may make one or more deficiency determinations of the amount due for any reporting period based on information in the director’s possession. When a business is discontinued, a deficiency determination may be made at any time thereafter as to liability arising out of the operation of that business. The director shall give notice of the proposed deficiency determination and the notice of deficiency determination by placing the notice thereof in a sealed envelope with postage paid addressed to the person affected as it appears in the records of the marketing order or as otherwise available to the director. The giving of notice is complete at the time of deposit in the United States mail. In lieu of mailing, a notice may be served personally by delivering it to the person to be served. Except in the case of fraud or failure to file a required return, a notice of a deficiency determination shall be given within four years of the accrual of the deficiency. (b) The person against whom a deficiency determination is made may petition the director for redetermination within 30 days after the serving of the notice of deficiency determination. If a petition is not filed within 30 days, the deficiency determination shall become final. A petition for redetermination shall be in writing, state the specific grounds upon which it is based, and be supported by applicable records and declarations under penalty of perjury that the information supporting the petition is accurate and complete. If a petition for redetermination is duly filed, the director shall reconsider the deficiency determination and may grant a hearing thereon. The director shall, as soon as practicable, make an order on redetermination, which shall become final 30 days after service of notice of the order of redetermination upon the petitioner. The notice of the order shall be served in the same manner as the notice of the original deficiency determination. (c) If any amount required to be paid pursuant to a deficiency determination or redetermination is not paid within the time specified in the notice thereof, the director may, within four years thereafter, file in the Superior Court for the County of Sacramento, or the superior court of any other county, a certificate specifying the amount required to be paid, the name and address of the person liable as it appears on the records of the director, and a request that judgment be entered against the person in that amount 30 days after the filing. Notice of the filing shall be given in the same manner as for the notice of deficiency determination. The court shall enter a judgment in conformance with the director’s certificate 30 days after its filing, unless a petition for judicial review has been filed within the 30-day period. An abstract of the judgment, or a copy thereof, may be filed with the county recorder of any county. From the time of filing of the judgment, the amount of the judgment constitutes a lien upon all of the property in the county owned by the judgment debtor. The lien has the force, effect, and priority of a judgment lien and shall continue for 10 years from the date of the judgment, unless sooner released or otherwise discharged. The lien imposed by this section is not valid insofar as personal property is concerned against a purchaser for value without actual knowledge of the lien. Execution shall issue upon the judgment upon request of the director in the same manner as execution may issue upon other judgments, and sales shall be held under execution as prescribed in the Code of Civil Procedure. (d) The person named in a notice of deficiency determination or redetermination may, within 30 days of the notice of filing with the superior court, file an action for judicial review thereof, as provided in subdivision (c), in the Superior Court for the County of Sacramento or, with the director’s consent, the superior court of any other county where the Attorney General maintains an office. As a condition of staying entry of judgment or granting other relief, the court shall require the filing of a corporate surety bond with the director in the amount of the deficiency stated in the certificate. In any court proceeding, the certificate of the director determining the deficiency shall be prima facie evidence of the fee and the amount due and unpaid. (e) The provisions of this section are supplemental to any other procedures for collection and imposition of fees and penalties provided by this chapter. In lieu of proceeding pursuant to this section, the director may file a complaint for collection of unpaid assessments as provided by law. (Added by Stats. 1985, Ch. 565, Sec. 1.)
  142. 59235.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who knowingly exceeds a quota, allotment, or marketable percentage set under a marketing order or related regulation must forfeit money to 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59235. In addition to such civil penalty, any person that knowingly exceeds any quota or allotment or marketable percentage fixed for him under any marketing order, regulation, or rule and regulation, issued by the director pursuant to such marketing order, shall forfeit to this state a sum equal to the current market value of such excess (or three times such amount, in the discretion of the court) which forfeiture may be recoverable in a civil suit which is brought in the name of this state. Any money which is recovered pursuant to this section shall be deposited in accordance with Section 58937. (Enacted by Stats. 1967, Ch. 15.)
  143. 59236.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not use a grade, quality, or condition emblem, label, certificate, or similar designation when it is tied to compliance with a marketing order or agreement, unless the use falls within the stated grade-standard exception.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59236. If the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, except the grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations which are authorized by the provisions of a marketing order or agreement which is issued and made effective pursuant to this chapter, it is unlawful and a violation of this chapter for any person, that is not participating in, and complying with, such order, agreement, or regulations to use such designation of grade, quality, or condition. (Enacted by Stats. 1967. Ch. 15.)
  144. 59237.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not willfully submit or provide a false or fraudulent report, statement, or record that the director requires under this chapter or an effective 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59237. It is a violation of this chapter for any person to willfully render or furnish a false or fraudulent report, statement, or record which is required by the director pursuant to any provision of this chapter, or any marketing order which is effective pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  145. 59238.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain commodity handlers, processors, wholesalers, and retailers must give the director or authorized agents requested information about where a regulated commodity came from and how much was 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59238. It is a violation of this chapter for any person that is engaged in the handling or processing of any commodity, or in the wholesale or retail trade of the commodity, to fail or refuse to furnish to the director or his duly authorized agents, upon request, information concerning the name and address of the persons from whom he has received any commodity which is regulated by a marketing order that is issued and in effect pursuant to this chapter, and the quantity of such commodity which is so received. (Enacted by Stats. 1967, Ch. 15.)
  146. 59239.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Handlers must not receive, handle, or possess regulated commodities when they know the producer is marketing them in violation of a marketing order or agreement.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59239. It is a violation of this chapter for any handler to receive, handle, or have in his possession any commodity which is regulated by a marketing order or marketing agreement which is issued pursuant to this chapter, that the handler knows is being marketed by the producer of the commodity without complying with, or in violation of any provision of such marketing order or agreement. (Enacted by Stats. 1967, Ch. 15.)
  147. 5924.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    The secretary must make specified referendum findings to determine whether this article becomes inoperative.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5924. In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of producers from the list established by the secretary participated in the referendum, and that either one of the following occurred: (a) Fifty-five percent or more of the producers who voted in the referendum voted in favor of this article, and the producers who voted paid a majority of the assessment dollars on citrus fruit in the preceding marketing season that were paid by all the producers who voted in the referendum. (b) A majority of the producers who voted in the referendum voted in favor of this article, and the producers who voted paid 55 percent or more of the assessment dollars on citrus fruit in the preceding marketing season that were paid by all the producers who voted in the referendum. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  148. 59240.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may act on his own motion, and must act when an interested party files a qualifying complaint, by referring the matter for legal proceedings or by calling an administrative 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59240. The director on his own motion may, or shall upon complaint of any interested party which charges any violation of any provision of this chapter or any provision of any marketing order, regulation, or rule and regulation, which is issued by the director and effective pursuant to this chapter, do one of the following: (a) Refer the matter directly to the Attorney General or any district attorney for the institution of legal proceedings upon the matter. (b) If he deems it necessary or advisable, immediately call an administrative hearing to consider the charges which are set forth in such verified complaint. (Enacted by Stats. 1967, Ch. 15.)
  149. 59241.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director refers a matter directly, the Attorney General or a district attorney must bring an appropriate court action if they think a violation occurred after reviewing the complaint and evidence.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59241. If the matter is referred directly by the director to the Attorney General or any district attorney, such officer shall thereupon bring an appropriate action in a court of competent jurisdiction in this state, if, after examination of the complaint and evidence he believes that a violation has occurred. (Enacted by Stats. 1967, Ch. 15.)
  150. 59242.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director calls an administrative hearing, the director must serve each named respondent with the complaint and hearing notice, personally or by mail, at least 10 days before 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59242. If an administrative hearing is called by the director, the director shall cause a copy of such complaint, together with a notice of the time and place of hearing of such complaint, to be served personally or by mail upon every person that is named as a respondent in such verified complaint. Such service shall be made at least 10 days before the hearing. (Enacted by Stats. 1967, Ch. 15.)
  151. 59243.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must choose one of the listed places for 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59243. The hearing shall be held at one of the following places which is selected by the director: (a) The city or place in which the principal place of business of the respondent is situated. (b) The city or place in which the violation complained of is alleged to have occurred. (c) In the nearest office of the department. (Enacted by Stats. 1967, Ch. 15.)
  152. 59244.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must hear the complaint parties at the designated administrative hearing, record findings in Sacramento based on the hearing evidence, and dismiss the complaint and notify the parties if no violation is found.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59244. At the time and place which is designated for such administrative hearing, the director shall hear the parties to the complaint and shall enter in his office at Sacramento, his findings which are based upon the facts that are established at such hearing. If from the testimony and evidence which is adduced at the administrative hearing the director finds that no violation has occurred, he shall forthwith dismiss such complaint and notify the parties to such complaint. (Enacted by Stats. 1967, Ch. 15.)
  153. 59245.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director finds a violation after an administrative hearing, the director must record the finding and notify the parties. The director may refer the matter to the Attorney General or tell the parties to stop the violation; if they do not comply, or if immediate prosecution is warranted, the director must file a complaint with the Attorney General or a district attorney.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59245. If the director finds from the administrative hearing that a violation has occurred, he shall so enter his findings and notify the parties to such complaint. The director may refer the matter to the Attorney General for the institution of legal proceedings or he may notify such parties to cease and desist from further violation. Upon their refusal or failure to comply, or if he finds that the facts or circumstances warrant immediate prosecution, he shall file a complaint with the Attorney General or any district attorney which requests that such officer commence any action which is authorized in this chapter against such respondent in a court of competent jurisdiction as set forth in this article. (Enacted by Stats. 1967, Ch. 15.)
  154. 59246.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Attorney General or a district attorney may bring criminal penalty actions against people who violate this chapter or a valid marketing order, either after a complaint or on their own initiative if they believe a violation occurred.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59246. The Attorney General, or any district attorney, shall upon complaint by the director or any other person, or may, upon his own initiative, if, after examination of the complaint and evidence he believes a violation has occurred, bring an action for criminal penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this chapter or any marketing order which is duly issued by the director and effective pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  155. 59247.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Attorney General may bring a civil action for penalties or injunctive relief against a person who violates this chapter or a marketing order, rule, or regulation issued under it.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59247. The Attorney General shall upon complaint by the director or may, upon his own initiative, if, after examination of the complaint and evidence he believes a violation to have occurred, bring an action in the name of the people of this state in the superior court of this state for civil penalties or for injunctive relief, including specific performance of any obligation which is imposed by any marketing order, regulation, or rule and regulation, which is issued pursuant to this chapter, against any person violating any provision of this chapter or of any marketing order, regulation, or rule and regulation, which is duly issued by the director pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  156. 59248.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A court must stop a defendant from continuing violations and may order specific performance of obligations created by a marketing order or certain director-issued 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59248. If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court shall find, in any such action, that any defendant is violating, or has violated, any provision of this chapter, any marketing order, or any regulation, or rule and regulation, duly issued by the director pursuant to this chapter, the court shall enjoin the defendant from committing further violations, and may compel specific performance of any obligation imposed by a marketing order, or any regulation which is issued by the director pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  157. 59249.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the state wins an enforcement suit, the defendant must pay the director the costs incurred by the director and the 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59249. In any suit brought by the Attorney General to enforce any provision of this chapter, any marketing order which is issued by the director and effective pursuant to this chapter, or any regulation, or rule and regulation, which is issued by the director pursuant to the provisions of any marketing order, the judgment, if in favor of the state, shall provide that the defendant pay to the director the costs which were incurred by the director and by the advisory board concerned with the administration of such marketing order in the prosecution of such action. Any money which is recovered shall be deposited in accordance with Section 58937. (Enacted by Stats. 1967, Ch. 15.)
  158. 5925.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    The secretary must set the referendum period at 10 to 60 days and may prescribe extra procedures or extend the period in limited cases.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5925. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration. The secretary may prescribe additional procedures to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  159. 59250.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An action may be started either where the defendant lives or where the complained-of act or omission occurred.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59250. Any such action may be commenced either in the county where defendant resides, or where any act or omission, or part of the act or omission, which is complained of occurred. (Enacted by Stats. 1967, Ch. 15.)
  160. 59251.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Penalties and remedies for violations covered by this article are concurrent, alternative, and cumulative, and are not exclusive.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59251. The penalties and remedies which are prescribed in this article with respect to any violation mentioned in this article are concurrent and alternative, and neither singly nor combined are exclusive, and either singly or combined are cumulative with any and all other civil, criminal, or administrative rights, remedies, forfeitures, or penalties which are provided or allowed by law with respect to any such violation. (Enacted by Stats. 1967, Ch. 15.)
  161. 59252.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may demand payment from a person who exceeded a quota, allotment, or marketable percentage if the director finds there was no intent to violate it.

    ## 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 21. Actions and Penalties [59231 - 59252] ( Article 21 enacted by Stats. 1967, Ch. 15. ) ## 59252. In lieu of other procedures which are provided in this article, the director may, if he finds that any person has exceeded any quota, allotment, or marketable percentage which is fixed for him pursuant to any marketing order issued by the director pursuant to this chapter, and if the director further finds that such person did not intend to violate such quota, allotment, or marketable percentage, make demand on such person to pay to the director an amount equal to the market value of the quantity marketed in excess of such quota, allotment, or percentage. Such market value shall be only the cost of acquisition to the person that is concerned and does not include the value of services or commodities which are added subsequent to acquisition. Payment of such amount shall preclude any further enforcement action in connection with such transaction. If such person refuses to pay, or fails to pay, the amount which is demanded, the director shall thereupon proceed in accordance with the other provisions of this article. Any money which is recovered pursuant to this section shall be deposited in accordance with Section 58937. (Enacted by Stats. 1967, Ch. 15.)
  162. 5926.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    A referendum is not invalid just because a ballot was not received.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5926. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  163. 5927.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    If the secretary finds there was no favorable vote, this article becomes inoperative within one year after the referendum period ends. If a favorable vote was given, the secretary must certify it and notify the listed persons.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5927. (a) If the secretary finds that a favorable vote has not been given as provided in this article, this article shall become inoperative within one year of the end of the referendum period. (b) If the secretary finds that a favorable vote has been given as provided in this article, he or she shall certify and give notice of the favorable vote to all persons whose names and addresses may be on file with the secretary as provided in Section 5922. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Note: Inoperation clause in subd. (a) applies to Article 2, comprising Sections 5911 to 5940.)
  164. 5928.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    If this article ends, unused collected assessments must be returned pro rata to the people who paid them, or paid into an existing state or federal citrus pest and disease prevention program.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5928. Upon termination of this article, and based upon a recommendation of the committee subject to approval by the secretary, any collected assessments not required to defray financial obligations incurred pursuant to this article shall be returned on a pro rata basis to all persons from whom assessments were collected during the marketing season immediately preceding the date of termination or paid to any existing state or federal program engaged in citrus specific pest and disease prevention activities. The assessments refunded to handlers shall be paid to producers if the assessment was previously deducted from moneys owed to the producer by the handler. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  165. 59281.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article applies to any lot of any commodity regulated by a marketing order or marketing agreement, wherever it is or whoever possesses it, if it is in the marketing channels within this 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59281. This article applies to any lot of any commodity which is regulated by a marketing order or marketing agreement wherever, or in whose possession, such lot may be in the marketing channels within this state. (Enacted by Stats. 1967, Ch. 15.)
  166. 59282.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Authorized inspectors, and other authorized persons acting in compliance checks for a marketing order, may enter and inspect certain premises and examine or have examined representative commodity samples.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59282. Any authorized inspector, or other authorized person, who is discharging his duties in the checking of compliance with the provisions of any marketing order which is made effective pursuant to this chapter may enter and inspect any premises, enclosure, building, or conveyance where he has reason to believe any commodity which is subject to a marketing order is produced, stored, being prepared for market, or marketed, and inspect, or cause to be inspected, such representative samples of the commodity as may be necessary to determine whether or not any lot of such commodity is in compliance with applicable regulations, or rules and regulations, of any marketing order which is made effective pursuant to any provision of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  167. 59283.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An authorized inspector or other authorized person may hold a commodity lot for inspection if there is reason to believe it does not comply with applicable marketing requirements.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59283. Except as otherwise provided in this article, any authorized inspector, or other authorized person, in the discharge of his duties, if he has reason to believe that a lot of any commodity subject to a marketing order or marketing agreement which is issued pursuant to this chapter is not in compliance with the requirements of such marketing order or agreement, or of marketing regulations, or rules and regulations, which are issued pursuant to it, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 24 hours in the case of perishables, or 72 hours in the case of nonperishables. (Enacted by Stats. 1967, Ch. 15.)
  168. 59284.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After inspection, an inspector or other authorized person may place a hold notice or marking on a noncompliant lot. Other people may not tamper with that notice or move the lot contrary to the notice, unless authorized in writing or by 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59284. Following inspection, such inspector or other authorized person may affix to any lot which is determined to be in noncompliance, an official notice, warning tag, or other appropriate marking which warns that the lot is held and states the reasons why it is held. It is unlawful for any person, except an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot, or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance except upon written permission of an authorized enforcing officer or by order of a court of competent jurisdiction. (Enacted by Stats. 1967, Ch. 15.)
  169. 59285.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director or authorized person holding the lot must serve a notice of noncompliance on the person in possession, and the person in possession must notify the owner and other interested persons.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59285. The director, or the authorized person by whom such lot is being held, shall serve the person in possession of the lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of such person that is in possession. The person in possession shall notify the owner of the lot, or every other person that has an interest in it, of the serving of such notice of noncompliance. (Enacted by Stats. 1967, Ch. 15.)
  170. 59286.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A notice of noncompliance must include a description of the lot, where and why it is being held, and a citation to the applicable marketing order, agreement, regulation, rule, and related 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59286. The notice of noncompliance shall include all of the following: (a) A description of the lot. (b) The place where, and the reasons for which, the lot is held. (c) A citation of the applicable marketing order or agreement or marketing regulation, or rule and regulation, and any section of it upon which the notice of noncompliance is based. (Enacted by Stats. 1967, Ch. 15.)
  171. 59287.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The lot owner has a limited time to recondition the lot or fix the deficiencies in a notice of noncompliance, and the enforcing officer must remove warning tags and release the lot if the problems are fixed.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59287. The owner of the lot shall have, in the case of a perishable commodity not to exceed 48 hours, and in the case of a nonperishable commodity not to exceed 72 hours, from the time of serving such notice of noncompliance for reconditioning or for the correction of the deficiencies which are noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected the enforcing officer shall remove the warning tags or markings and release the lot for marketing or may, with the consent of the owner of such lot, divert the lot to other lawful uses or destroy it. (Enacted by Stats. 1967, Ch. 15.)
  172. 59288.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner does not consent, or if the lot is still not brought into compliance by the notice deadline, the enforcing officer must act under Section 59289.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59288. If the owner of the lot fails or refuses to give such consent, or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring it into compliance within the time which is specified in the notice, the enforcing officer shall proceed as provided in Section 59289. (Enacted by Stats. 1967, Ch. 15.)
  173. 59289.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The enforcing officer may file a verified petition in superior court to seek permission to divert a lot to another lawful use or destroy it, and the petition must include specified 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59289. (a) The enforcing officer may file a verified petition in superior court requesting permission to divert the lot to any other available lawful use or to destroy the lot. The verified petition shall show all of the following: (1) The condition of the lot. (2) That the lot is situated within the territorial jurisdiction of the court in which the petition is being filed. (3) That the lot is held, and that the notice of noncompliance has been served as provided in Section 59285. (4) That the lot has not been reconditioned as required. (5) The name and address of the owner and the person in possession of the lot. (6) That the owner has refused permission to divert or to destroy the lot. (b) A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (Amended by Stats. 2007, Ch. 43, Sec. 15. Effective January 1, 2008.)
  174. 59290.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After a verified petition is filed, the court may issue an order to show cause, and the lot owner may fix the lot or file an answer before 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59290. Upon the filing of the verified petition, the court may issue an order to show cause returnable in five days after service upon the owner why the lot shall not be reconditioned or the deficiencies corrected, or why the lot shall not be diverted to other lawful uses or destroyed. The owner of the lot may, prior to the date when the order to show cause is returnable, either recondition or correct the deficiencies in the lot so as to bring it into compliance, or may file at or before the hearing on the order an answer with the court stating why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance, or showing why it should not be diverted to other lawful uses or destroyed. (Enacted by Stats. 1967, Ch. 15.)
  175. 59291.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner does not recondition or fix a lot’s deficiencies within five days, the court may order the lot reconditioned, diverted to another lawful use, destroyed, relabeled, denatured, otherwise processed, sold, or released under conditions set by the court. It may not be sold or released into regular trade channels.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59291. If at the expiration of the five-day period the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful use, destroyed in the manner which is directed by the court, relabeled, denatured or otherwise processed, sold, or released upon such conditions as the court in its discretion may impose. The lot may not, however, be sold or released into the regular channels of trade. (Enacted by Stats. 1967, Ch. 15.)
  176. 59292.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a lot is sold by court order, storage, handling, reconditioning, or disposal costs must be taken out of the sale proceeds, and any remaining balance must be paid into court for the owner’s account.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59292. In the event of sale of any lot by order of court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the account of the owner of any such lot. (Enacted by Stats. 1967, Ch. 15.)
  177. 59293.

    ## 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Disposal of a lot under this article does not waive any penalty provisions in 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 22. Inspection and Abatement [59281 - 59293] ( Article 22 enacted by Stats. 1967, Ch. 15. ) ## 59293. Disposal of any lot or portion of any lot pursuant to the provisions of this article, whether such disposal be by arrangement with an enforcement officer or by court order, does not waive any of the penalty provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  178. 593.

    ## 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. )

    Verify source ↗

    This article stays in effect until January 1, 2034, then is repealed unless a later statute changes that date.

    ## 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 10. Farm to Community Food Hub Program [590 - 593] ( Article 10 added by Stats. 2021, Ch. 608, Sec. 1. ) ## 593. This article shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2034, deletes or extends that date. (Added by renumbering Section 594 by Stats. 2024, Ch. 917, Sec. 4. (SB 1448) Effective September 28, 2024. Repealed as of January 1, 2034, by its own provisions. Note: Repeal affects Article 10, commencing with Section 590.)
  179. 5930.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    The committee must sign a memorandum of understanding with citrus pest control districts by July 1, 2011, in consultation with the department.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5930. No later than July 1, 2011, the committee, in consultation with the department, shall enter into a memorandum of understanding with citrus pest control districts responsible for funding citrus tristeza virus prevention activities, pursuant to Part 5 (commencing with Section 8401) of Division 4, for the purpose of funding the implementation of the citrus tristeza virus effective plan. The memorandum of understanding shall include, but not be limited to, the following: (a) Language providing that the programs, protocols, and implementation for the citrus tristeza virus effective plan will be developed and approved by the Technical Advisory Committee, or its successor, in consultation with the committee. (b) Provision for the funding required to implement the citrus tristeza virus effective plan. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  180. 5931.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    If the committee and the citrus pest control districts cannot agree on the memorandum of understanding terms, the districts must hold an election about who will fund the citrus tristeza virus effective plan.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5931. In the event the committee and the citrus pest control districts do not agree on the terms of the memorandum of understanding as prescribed in Section 5930, the citrus pest control districts shall conduct an election to determine which entity shall provide funding for the citrus tristeza virus effective plan. The ballot shall ask landowners within the citrus pest control districts to select either (1) the California Citrus Pest and Disease Prevention Committee and the Department of Food and Agriculture through the Citrus Disease Management Account to fund the citrus tristeza virus effective plan or (2) the citrus pest control districts as the funding entity of the citrus tristeza virus effective plan. (Amended by Stats. 2010, Ch. 328, Sec. 72. (SB 1330) Effective January 1, 2011. Conditionally inoperative as provided in Section 5927.)
  181. 5940.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. )

    Verify source ↗

    This section says the article is severable, and if any part of it is invalid, the rest can still operate if they can work without the invalid part.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) ## 5940. (a) The provisions of this article are severable. (b) If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.)
  182. 59501.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter is known as the Agricultural Producers Marketing Law.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59501. This chapter shall be known as the Agricultural Producers Marketing Law. (Enacted by Stats. 1967, Ch. 15.)
  183. 59502.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The definitions in this article govern 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 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59502. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  184. 59504.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “commodity” to include certain agricultural products and excludes milk and milk 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59504. “Commodity” means any horticultural, viticultural, or vegetable product of the soil, aquacultural, livestock and livestock products, and poultry and poultry products. It does not, however, include milk or milk products. (Amended by Stats. 1995, Ch. 810, Sec. 23. Effective January 1, 1996.)
  185. 59505.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “dealer” as any distributor or retailer.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59505. “Dealer” means any distributor or retailer. (Enacted by Stats. 1967, Ch. 15.)
  186. 59506.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “Distributor” as a person, other than a retailer, who acquires and distributes a commodity at wholesale or retail.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59506. “Distributor” means any person, except a retailer, that acquires and distributes any commodity at wholesale or retail. (Enacted by Stats. 1967, Ch. 15.)
  187. 59507.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “handler” as a person who receives a commodity from the producer to market it.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59507. “Handler” means any person that receives any commodity from the producer for the purpose of marketing it. (Enacted by Stats. 1967, Ch. 15.)
  188. 59508.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    “Marketing program” means a program that includes provisions authorized by Article 8 of 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59508. “Marketing program” means any program which contains provisions which are authorized by Article 8 (commencing with Section 59801) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  189. 59509.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “Primary channel of trade.”

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59509. “Primary channel of trade” means that transaction in which the producer or a cooperative marketing association of producers transfers physical possession of the commodity to another person in the current of commercial trade. (Enacted by Stats. 1967, Ch. 15.)
  190. 5951.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sterile Mexican Fruit Fly Production Facility [5951 - 5953] ( Article 3 added by Stats. 1991, Ch. 489, Sec. 1. )

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    The Legislature makes findings about the threat of Mexican fruit flies and the value of sterile flies as a pest-control method.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sterile Mexican Fruit Fly Production Facility [5951 - 5953] ( Article 3 added by Stats. 1991, Ch. 489, Sec. 1. ) ## 5951. The Legislature hereby finds and declares all of the following: (a) The introduction of Mexican fruit flies into California presents a serious threat to California’s economy. (b) The use of alternative methods for pest control is generally preferred to the aerial application of pesticides over urban areas. (c) The use of sterile flies has proven to be one of the most effective nonchemical procedures in the successful control and eradication of Mexican fruit flies. (d) California does not have a reliable source of sterile Mexican fruit flies that may be used to control future infestations of this pest. (e) The federal government, other states, the agricultural industry, and the country of Mexico would all benefit from a reliable source of sterile Mexican fruit flies. (Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.)
  191. 59510.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “producer” as a person engaged in growing or producing a commodity for commercial use.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59510. “Producer” means any person that is engaged in the business of growing or producing any commodity for commercial use. (Enacted by Stats. 1967, Ch. 15.)
  192. 59511.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “processor” 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59511. “Processor” means any person that buys, or otherwise takes title to or possession of, any commodity for the purpose of processing or manufacturing it or selling, reselling, or redelivering it in dried, canned, extracted, fermented, distilled, or other preserved form. It also includes all of the following: (a) Any person or exchange that conducts such business. (b) Any person or exchange that buys any commodity from the producer of the commodity for the purpose of reselling it to any person or exchange that conducts such business. (Enacted by Stats. 1967, Ch. 15.)
  193. 59512.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “proration” as applying allocated quantities or percentages under a uniform rule to affected producers’ production to control how much of a commodity may be harvested, prepared for market, or marketed 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59512. “Proration” means the application of allocated quantities or percentages under a uniform rule to the production, or merchantable production, of all producers that are affected, for the purpose of regulating the quantity of any commodity which may be harvested, prepared for market, or marketed in primary channels of trade during any specified period. (Enacted by Stats. 1967, Ch. 15.)
  194. 59513.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    “Proration zone” means a district where a marketing program is proposed or has already been instituted.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59513. “Proration zone” means any district for which a marketing program is proposed or has been instituted. (Enacted by Stats. 1967, Ch. 15.)
  195. 59514.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    “Retailer” means a person engaged in making retail sales direct to the general public.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [59501 - 59514] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 59514. “Retailer” means any person that is engaged in the business of making retail sales direct to the general public. (Enacted by Stats. 1967, Ch. 15.)
  196. 5952.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sterile Mexican Fruit Fly Production Facility [5951 - 5953] ( Article 3 added by Stats. 1991, Ch. 489, Sec. 1. )

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    The director may set up and run an out-of-state facility to produce sterile Mexican fruit flies, or make an agreement with a public or private entity to do so jointly.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sterile Mexican Fruit Fly Production Facility [5951 - 5953] ( Article 3 added by Stats. 1991, Ch. 489, Sec. 1. ) ## 5952. The director may establish and operate a facility outside of this state to produce sterile Mexican fruit flies or enter into an agreement with any other public or private entity to jointly establish and operate the facility. (Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.)
  197. 5953.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sterile Mexican Fruit Fly Production Facility [5951 - 5953] ( Article 3 added by Stats. 1991, Ch. 489, Sec. 1. )

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    Certain department contracts for locating a facility, choosing a facility, or preparing preliminary plans and working drawings are exempt from the Public Contract Code.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Sterile Mexican Fruit Fly Production Facility [5951 - 5953] ( Article 3 added by Stats. 1991, Ch. 489, Sec. 1. ) ## 5953. Any contract entered into by the department to determine the appropriate location, select a suitable facility, or prepare preliminary plans and working drawings is exempt from the Public Contract Code. (Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.)
  198. 59571.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [59571 - 59572] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A marketing program under this chapter may not be established for figs for canning purposes.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [59571 - 59572] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 59571. By reason of the climatic and other conditions which relate to the production and marketing of figs for canning purposes, no marketing program pursuant to this chapter shall be established for figs for canning purposes. (Enacted by Stats. 1967, Ch. 15.)
  199. 59572.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [59571 - 59572] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Marketing programs do not apply to grapes in the listed counties.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [59571 - 59572] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 59572. By reason of the climatic conditions and other factors which relate to the production of grapes in such counties, no marketing program shall be applicable to grapes in Sonoma, Napa, Mendocino, Lake, Santa Clara, Santa Cruz, Alameda, San Benito, Solano, San Luis Obispo, Contra Costa, Monterey, and Marin Counties, or any of them. (Enacted by Stats. 1967, Ch. 15.)
  200. 59607.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [59607 - 59619] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director may appoint an attorney and must provide necessary personnel and prescribe their duties.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Administration [59607 - 59619] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 59607. The director may appoint an attorney and shall provide for such other personnel as may be necessary and shall prescribe their duties. (Enacted by Stats. 1967, Ch. 15.)

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