Food and Agricultural Code — Part 27 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 27 of 48 · provisions 5,201–5,400

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. 59611.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 conduct hearings and investigations to carry out this 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 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. ) ## 59611. The director may conduct hearings and investigations to carry out the intent and purposes of this chapter. (Amended by Stats. 1967, Ch. 1186.)
  2. 59612.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 administer oaths and issue subpoenas in hearings, inquiries, or investigations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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. ) ## 59612. In the conduct of any hearing, inquiry, or investigation, the director may administer oaths, and issue subpoenas for the attendance of witnesses and the production of papers, books, maps, accounts, documents, and testimony in any inquiry, investigation, or hearing which is ordered or undertaken in any part of the state. (Enacted by Stats. 1967, Ch. 15.)
  3. 59614.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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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    A superior court in the county where an inquiry, investigation, or hearing is held may compel witnesses to appear, disclose known facts, and produce specified records and testimony.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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. ) ## 59614. The superior court of the county in which any inquiry, investigation, or hearing is held may compel the attendance of witnesses and require the disclosure by the witnesses of all facts known to them, relative to the matters under investigation, and the production of papers, maps, books, accounts, documents, and testimony as required by any subpoenas issued by the director. (Enacted by Stats. 1967, Ch. 15.)
  4. 59615.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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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    A party that disobeys an order or subpoena issued under the director’s authority is guilty of contempt and must be certified to the county superior court for punishment.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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. ) ## 59615. Any party that disobeys any order or subpoena which is issued pursuant to the authority of the director is guilty of contempt and shall be certified to the superior court of the county in which the contempt occurs, which court shall punish the contempt. (Enacted by Stats. 1967, Ch. 15.)
  5. 59616.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 and certain authorized agents may inspect specified records and places tied to a marketing program, and information obtained must be kept confidential unless disclosure is required in a judicial proceeding.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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. ) ## 59616. The director through his duly authorized representatives and agents, including any proration zone agent who is in charge of a marketing program, shall have access, solely for the purposes of investigating possible violations of any marketing program, to the records of every producer, dealer, distributor, public or private property transporatation agency, and handler of a commodity as to which a marketing program has been instituted. He shall have at all times free and unimpeded access to any building, yard, warehouse, store, or transportation facility or other place in which any commodity under a marketing program is kept, stored, handled, or transported. All information which is obtained is confidential and shall not be disclosed unless required in a judicial proceeding. (Enacted by Stats. 1967, Ch. 15.)
  6. 59617.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 use state and county agricultural department facilities and staff when carrying out duties 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 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. ) ## 59617. In carrying out his duties under this chapter, the director may utilize the facilities and personnel of the state and county departments of agriculture. (Enacted by Stats. 1967, Ch. 15.)
  7. 59618.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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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    Records of covered business acts or testimony must be kept accurately and filed in the director’s office.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 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. ) ## 59618. A full and accurate record of business or acts which are performed, or of testimony which is taken pursuant to the provisions of this chapter, shall be kept and be placed on file in the office of the director. (Amended by Stats. 1969, Ch. 371.)
  8. 59619.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 buy general liability insurance for covered marketing programs, and the programs must pay the cost pro rata.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 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. ) ## 59619. The director may purchase general liability insurance for all marketing programs subject to the provisions of this chapter in an amount he or she determines as necessary. The cost of the insurance shall be paid by the affected marketing programs on a pro rata basis. The insurance policy shall name the director, in his or her official capacity, and all persons, collectively, that are subject to the marketing program as insured parties for claims made against the marketing program in its advisory capacity to the director or against the director regarding the activities of the marketing program. The director, after consultation with the Attorney General, may refer claims to the insurance carrier for appropriate action. In the alternative, the director may require that claims be handled in the manner otherwise specified in this chapter. (Added by Stats. 1989, Ch. 383, Sec. 2.)
  9. 59641.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    At least ten affected producers may file a petition with the director to establish a proration zone and start a marketing program.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59641. Ten or more producers of the variety or kind of commodity which is to be affected may file with the director a petition for the establishment of a proration zone and the institution of a marketing program. (Amended by Stats. 1967, Ch. 1186.)
  10. 59642.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    A petition for establishing a proration zone must include specified supporting information.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59642. The petition shall, among other things, contain or be accompanied by all of the following: (a) A description of the district which comprises the proration zone upon which the proposed marketing program is to be based. (b) A general statement of facts which sets forth the necessity for instituting a marketing program. (c) A draft of a proposed marketing program, or a statement of the principal features which are to be included in the proposed marketing program. (Enacted by Stats. 1967, Ch. 15.)
  11. 59643.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    If the director receives a petition and proposed marketing program for a proration zone and finds them consistent with the chapter, the director must hold a public hearing in a central location within the proposed zone area.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59643. Except as otherwise provided in Section 59654, if, after receiving a petition for the establishment of a proration zone and a proposed marketing program for it, the director determines that such proposed proration zone and proposed marketing program are consistent with the provisions of this chapter, the director shall hold a public hearing at some central point which is located within the area described in the petition and proposed to be established as a proration zone. If the director determines that the proposed proration zone or proposed marketing program is not consistent with the provisions of this chapter, no hearing need be held. (Amended by Stats. 1967, Ch. 1186.)
  12. 59645.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Before a public hearing on a proposed proration zone and marketing program, the director may require petitioners to file an undertaking and must create a list of affected producers in the proposed zone area.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59645. Prior to holding a public hearing upon a proposed proration zone and a proposed marketing program, the director: (a) May require the petitioners to file with the department a good and sufficient undertaking to cover the probable cost of conducting the hearing and instituting a marketing program. (b) Shall establish a list of producers of the commodity which is affected within the area which comprises the proposed proration zone. (Enacted by Stats. 1967, Ch. 15.)
  13. 59646.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The director may give handlers a notice requiring them to file a certified report.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59646. In establishing the list of producers, the director may issue a notice to handlers which requires them to file with the director a certified report that shows all of the following: (a) The name and mailing address of the handler. (b) The quantities of the commodity that is to be affected, which were handled by the handler in the marketing season next preceding the filing of the report, together with a reasonable determination of the quantity so handled which was produced within the proposed boundaries of the proration zone. (c) The correct name and mailing address of each producer, whose producing operations are located within the proposed proration zone, from whom the handler received the commodity which is to be affected, during the next preceding season. (d) The quantities of the commodity which were received by the handler from each such producer in the marketing season next preceding the filing of the report. (Enacted by Stats. 1967, Ch. 15.)
  14. 59647.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The director must publish and mail a notice to affected handlers, and handlers must file the producers’ lists within 10 days after the notice is last published.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59647. The notice to handlers which requires them to file the lists shall be published by the director pursuant to Section 6062 of the Government Code in the capital of the state and in such other localities as the director may require, and shall be mailed to all handlers of the commodity that are directly affected, of record with the department. The lists of producers shall be filed by handlers within 10 days from the last date of publication of the notice. (Enacted by Stats. 1967, Ch. 15.)
  15. 59648.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The director may obtain affected producer lists for checking or correction and must maintain a current producer list based on marketing-program 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59648. In addition, the director may obtain lists of producers that are affected, whenever and in such manner as he may deem necessary or advisable for the purpose of checking, comparing, or correcting such lists. The director shall maintain a current list of producers which is based upon the records of operations under each marketing program. Such producer list shall, subject to any proper corrections, be final and conclusive in making determinations relative to the assent by producers upon a marketing program. (Enacted by Stats. 1967, Ch. 15.)
  16. 59649.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    A qualifying producer may ask the director to add the producer’s name to the affected-producers list by filing a signed statement.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59649. Any producer that produces the commodity which is affected by any proposed or existing marketing program, whose name does not appear upon the director’s list of producers affected, may have his name established upon such list by filing with the director a signed statement which states that he produced such commodity in the next preceding season and gives the quantity which was produced and the quantity which was delivered into primary channels of trade in such season. (Enacted by Stats. 1967, Ch. 15.)
  17. 59650.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Before the hearing, notice must be mailed to producers in the proposed zone and also published in the proposed proration zone; if the zone has noncontiguous areas, the director must hold a hearing in each area.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59650. Notice of the public hearing shall be mailed to a list of producers within the proposed zone at least 10 days prior to such hearing. The list of producers shall be established in accordance with the provisions of Sections 59646, 59647, 59648, and 59649. A notice of such public hearing shall also be given at least 10 days prior to such hearing by publication pursuant to Section 6061 of the Government Code in the area proposed as the proration zone. If the proposed proration zone includes areas that are noncontiguous, the director shall hold a hearing in each. (Enacted by Stats. 1967, Ch. 15.)
  18. 59651.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    At the public hearing, the director must receive evidence from the petitioners and any interested person about the proposed proration zone and marketing program.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59651. At the public hearing, the director shall receive evidence offered by the petitioners in support of the proposed proration zone and the proposed marketing program and evidence from any interested person in support of, or in opposition to, them. All testimony at the hearings shall be under oath. (Enacted by Stats. 1967, Ch. 15.)
  19. 59652.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must make a transcript of the hearing proceedings, and interested parties may inspect it. Petitioners or opponents may also get up to a five-day continuation of a hearing on proper motion to gather more evidence, facts, or data.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59652. The hearings may be adjourned from time to time and from place to place as the circumstances may require. For the purpose of procuring additional evidence, facts, and data, petitioners or opponents shall, upon proper motion, be granted a continuation of any hearing by the director for a period not exceeding five days. A transcript of the proceedings at all such hearings shall be made by the director and shall be open to inspection by any interested party. (Enacted by Stats. 1967, Ch. 15.)
  20. 59653.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must make evidence, exhibits, facts, and data available at the director’s office to interested parties within a reasonable time after they are used or introduced.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59653. All evidence and exhibits and all facts and data which are used directly or indirectly by the director, or introduced at a hearing shall, within a reasonable time after being used or introduced, be available at the office of the director to all interested parties. (Amended by Stats. 1967, Ch. 1186.)
  21. 59654.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may refuse to hold a public hearing on a proposed proration zone and marketing program if a hearing cannot be held soon enough before harvest or the start 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59654. The director may decline to hold a public hearing upon a proposed proration zone and a proposed marketing program if he determines and is satisfied that a public hearing cannot be held within a reasonable time in advance of the harvesting of, or the beginning of the marketing season for, the commodity, so as to permit the formulation and establishment of an equitable and effective marketing program for the marketing season. (Amended by Stats. 1967, Ch. 1186.)
  22. 59655.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Before issuing a marketing program for producers’ written assent, the director must make specified findings about prices, purchasing power, chapter compliance, and consumer protection.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59655. Before issuing a marketing program for the written assent of producers, which contains provisions for correlating the supply of the commodity which is affected with market demands for it by means of restrictions upon the total quantity of the commodity, or restrictions upon the total quantity of any grade, size, quality, or condition of it, which restrictions have the effect of limiting the total quantity of the commodity which may be marketed during any marketing season and which restricted portion of the commodity might otherwise be marketed by producers in compliance with other laws of this state or of the United States, or in compliance with established commercial practice during the marketing season, the director shall make all of the following findings with respect to the marketing program: (a) The marketing program will tend to reestablish or maintain such level of prices for the commodity as will provide a purchasing power for the commodity which is adequate to maintain in the business of producing the commodity such number of producers as is required to provide such supply of the quantities and qualities of the commodity as is necessary to fulfill the normal requirements of consumers. (b) The marketing program will tend to approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for the commodity. (c) The marketing program conforms with the provisions of this chapter and will tend to effectuate the declared purposes and policies of this chapter. (d) The marketing program will protect the interest of consumers of the commodity through the exercise of the powers of this chapter only to such an extent as is necessary to establish the level of purchasing power which is described in subdivision (a) of this section. (Enacted by Stats. 1967, Ch. 15.)
  23. 59656.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When making the findings required by Section 59655, the director must consider all available facts about certain economic factors.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59656. In making the findings which are required by Section 59655, the director shall take into consideration all facts which are available to him with respect to all of the following economic factors. (a) The quantity of the commodity which is available for distribution. (b) The quantity of the commodity which is normally entered into primary channels of trade. (c) The necessary costs of producing the commodity as determined by available surveys or other facts. (d) The purchasing power of consumers as indicated by available reports and indices. (e) The level of prices of other commodities which compete with, or are utilized as substitutes for, the commodity. (f) The level of prices of other commodities, services, and articles which producers commonly purchase. (Enacted by Stats. 1967, Ch. 15.)
  24. 59657.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Before issuing a marketing program for producers’ written assent, the director must make specified findings about the program.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59657. Before issuing a marketing program for the written assent of producers, which contains provisions for the purpose of regulating the flow of the commodity, or any grade or size of it, to market without restricting the total quantity which may be marketed during the season, or which marketing program provides for the establishment of grade, size, quality, or condition specifications, for uniform grading and inspection, or for advertising and trade promotion, the director shall make all of the following findings with respect to the marketing program: (a) The marketing program will tend to attain the objectives which are sought by the program. (b) The marketing program conforms with the provisions of this chapter and will tend to effectuate the declared purposes and policies of this chapter. (c) The marketing program will protect the interests of consumers in that the powers of this chapter are being exercised only to the extent which is necessary to attain the objectives of the program. (Enacted by Stats. 1967, Ch. 15.)
  25. 59658.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When making findings under Section 59657, the director must base them on the hearing record and other relevant facts from recognized official sources.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59658. In making any findings pursuant to Section 59657, the director shall base his findings upon the facts, testimony, and evidence which is received at the public hearing together with any other relevant facts which are available to him from official publications or institutions of recognized standing. (Enacted by Stats. 1967, Ch. 15.)
  26. 59659.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must make an additional finding before a proposed proration zone can be established: it must cover all of the area in the state that is reasonably necessary to achieve this chapter’s objectives.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59659. In addition to either of the applicable findings prescribed by Section 59655 or 59657, the director shall find that the proposed proration zone includes all of the area within this state which is reasonably necessary to carry out and attain the objectives of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  27. 59660.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If additional territory is needed for a proposed marketing program, the director must pause the proceeding and give notice to producers in that territory before continuing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59660. If, at a public hearing which includes a consideration of the establishment of the boundaries of a proration zone, it appears that the inclusion of territory additional to that which is described in the petition that is being heard is necessary to the proper administration or enforcement of the proposed marketing program, the director shall postpone further proceedings until notice has been given by the director to the producers within the additional territory in the manner which is provided for in Sections 59643, 59644, 59650, 59652, 59653, and 59654. Thereafter, the director may conclude the hearing, and prepare his findings. (Enacted by Stats. 1967, Ch. 15.)
  28. 59662.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each proration zone is a separate public corporate entity.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 5. Establishment of Proration Zone [59641 - 59662] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 59662. Each proration zone is a separate public corporate entity. (Enacted by Stats. 1967, Ch. 15.)
  29. 59691.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An area in the state that is not already in a proration zone may be added or annexed to an established proration zone if it produces the same kind or variety of commodity and the zone is regulated by a marketing program.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 59691. Any area within the state which is not already included in a proration zone that produces the same kind or variety of a commodity as is produced in a proration zone which is already established pursuant to this chapter, and regulated by a marketing program, may be added or annexed to the established proration zone pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)
  30. 59692.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Producers meeting the stated production threshold may file a petition to change proration zone boundaries, and the director must hold a public hearing and receive evidence on the proposed change.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 59692. A petition to change the boundaries of any proration zone may be filed with the director by producers that produce not less than 10 percent of the production of the commodity which is affected that is produced within the boundaries of the proration zone which is established, or within the boundaries of the area which is proposed to be added. The petition may request that the existing marketing program or a proposed marketing program, as amended, be made applicable to the entire area which is included within the proposed changed boundaries of the proration zone. Upon the receipt of such a petition, the director shall hold a public hearing, as provided in Article 5 (commencing with Section 59641) of this chapter, and receive evidence as to whether or not the boundaries of the proration zone as established shall be changed as recommended. The director shall also, at the hearing, receive evidence with respect to the marketing program which is to be applicable to all of the area within the proposed changed boundaries of the proration zone. (Amended by Stats. 1967, Ch. 1186.)
  31. 59693.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After the hearing, findings must be made and related procedures followed under Article 5; if the findings are positive, a marketing program is issued, a new proration zone is established, and the program is submitted to producers in the zone for written assent under Article 9.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 59693. After the hearing, findings shall be made and procedures followed which are in accordance with the applicable provisions of Article 5 (commencing with Section 59641) of this chapter. If the findings are positive, a marketing program is issued, and a proration zone with new boundaries is established, the marketing program shall be submitted to producers within the zone for their written assent as prescribed by the applicable provisions and procedures of Article 9 (commencing with Section 59851) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  32. 59694.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the submitted marketing program is not approved by enough producers and volume under Article 9, the director must dismiss the boundary-change proceedings.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 6. Change of Proration Zone Boundaries [59691 - 59694] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 59694. If the marketing program which is submitted is not assented to by producers in sufficient number and by sufficient volume to meet the requirements of Article 9 (commencing with Section 59851) of this chapter, the director shall dismiss the proceedings which were instituted to change or annex the boundaries of the proration zone, and the marketing program in operation at the time the proceedings were instituted shall continue to be effective within the boundaries of the proration zone as constituted prior to the proceedings. The marketing program has the same force and effect as though no proceedings had been instituted pursuant to this article. (Amended by Stats. 1967, Ch. 1186.)
  33. 59721.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each proration zone is managed by a marketing program committee, and the director must appoint the initial committee from nominations received at the public hearing on the proposed program.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59721. The affairs of each proration zone shall be managed by a marketing program committee which is appointed in accordance with this chapter. The director shall appoint the initial marketing program committee from nominations which are received at the public hearing upon the proposed program. The term of office of the initial marketing program committee shall be for one marketing season. The term of office of subsequent marketing program committees for each marketing program shall be two years or until their successors have been appointed and have qualified. The beginning date of the term of office shall be set forth in the marketing program. (Enacted by Stats. 1967, Ch. 15.)
  34. 59722.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must divide the proration zone into districts and appoint committee members from eligible producer lists. The committee must submit three or more qualified public-member nominees when asked, and the public member represents 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59722. For terms subsequent to the term of the initial committee, members and their respective alternates shall be selected and appointed in accordance with the following procedure: The director shall divide the proration zone into as many districts as may be necessary for the proper administration of the program, and allot to each district the proper number of producers to be appointed to serve as members and alternate members upon a marketing program committee so as to give as nearly as possible adequate representation to all producers in all such districts. Members and their respective alternate members shall be appointed by the director from lists of producers that are eligible to serve on the marketing program committee. In addition, the director may appoint one public member on each such marketing program committee. Upon the director’s request, the committee shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the committee. The director may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the director, the committee shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee. (Amended by Stats. 1978, Ch. 188.)
  35. 59723.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must establish eligible lists for the district process, using meetings, mail ballot, or both, and must grant a mail ballot if 10% of producers request it in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59723. Eligible lists shall be established by the director either by means of a meeting of producers in each district, or by means of mail ballot, or by a combination of meetings and mail ballot. The method to be used shall be determined by the director, except that a mail ballot shall be granted upon a written request of 10 percent of the producers. Each producer is entitled to one vote and voting by proxy is not permitted. From nominations which are made, not less than three eligible persons shall be selected for each member of the committee. Any person that is nominated shall be a producer with producing property which is located within the district for which he is nominated. (Amended by Stats. 1967, Ch. 1186.)
  36. 59724.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A corporation or partnership that is a producer may designate a representative, and the representative may be a nominee.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59724. If a corporation or a partnership is a producer, it may designate a representative who may be a nominee. (Enacted by Stats. 1967, Ch. 15.)
  37. 59725.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each district in the proration zone is entitled to at least one committee member and one alternate member, and each alternate must come from the same eligible list as the member.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59725. Each respective alternate shall be appointed from the same eligible list from which the member is appointed. Each district in the proration zone is entitled to at least one member and one alternate member of the committee. (Enacted by Stats. 1967, Ch. 15.)
  38. 59726.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may invite handlers or other people to meetings in an advisory role, and it may pay them compensation and necessary expenses if the director approves.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59726. The marketing program committee may at any time invite any handler or other person to its meetings to serve in an advisory capacity and may authorize, subject to the approval of the director, the payment of compensation and necessary expenses to any person that is serving in such advisory capacity at rates not to exceed those which are granted to marketing program committee members. (Enacted by Stats. 1967, Ch. 15.)
  39. 59727.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may appoint up to three handler members and their alternates to the committee if the producer members of the marketing program committee request 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59727. The director may, if requested by the producer members of the marketing program committee, appoint on the committee, in addition to the producer members, not more than three handler members and their respective alternates who are handlers of the commodity which is affected by the marketing program of the proration zone. (Amended by Stats. 1967, Ch. 1186.)
  40. 59728.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain grade, quality, or size regulations for commodities used for canning, freezing, fermenting, or distilling must be approved by a grading committee appointed by the director, unless they are part of a proration plan for surplus control.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59728. If grade, quality, or size regulations are authorized under any marketing program for any commodity which is used for canning, freezing, fermenting, or distilling, and the regulations are not an integral part of a proration plan for the purpose of controlling a surplus condition in the commodity, such grade, quality, or size regulations or interpretations, or modifications of them, shall be approved by a grading committee which is appointed by the director. A grading committee shall consist of the marketing program committee, or a subcommittee, of at least seven members and an equal number of processor representatives that are nominated by the industry which is engaged in the processing of the commodity that is involved. Any action of the grading committee shall be concurred in by a majority of the processor members, a majority of the producer members, and by the director. (Enacted by Stats. 1967, Ch. 15.)
  41. 59729.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Members and alternate members of certain marketing program or grading committees, including committee employees, are not personally responsible for the committee’s contract liabilities when duly appointed 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59729. The members and alternate members of any marketing program committee or grading committee which are duly appointed by the director, including employees of the marketing program committee, are not responsible individually in any way whatsoever to any person for liability on any contract or agreement of the committee. (Enacted by Stats. 1967, Ch. 15.)
  42. 59730.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Marketing program committee members may be paid up to $10 per day for official business, with reimbursement for necessary travel 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59730. Marketing program committee members are entitled to compensation at a rate not exceeding ten dollars ($10) each for each day while engaged on official business. Such compensation shall not, however, be paid for more than five days in any month unless approved by the director. The members shall be reimbursed for their necessary traveling expenses. (Enacted by Stats. 1967, Ch. 15.)
  43. 59731.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An alternate member must act as a regular member of the marketing program committee when the regular member is absent, and is then paid and reimbursed for necessary travel expenses the same as a regular member.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59731. An alternate member of a marketing program committee shall sit as a regular member of the committee if the member for whom he is an alternate fails for any reason to attend any meeting of the committee. He shall be compensated and reimbursed for his necessary traveling expenses in the same manner and to the same extent as a regular member while so serving. (Enacted by Stats. 1967, Ch. 15.)
  44. 59732.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Vacancies on the marketing program committee must be filled from eligible producer lists, with some vacancies filled from the prior term’s eligible lists or new lists.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59732. Any vacancy on the marketing program committee which is occasioned by the expiration of term of office shall be filled from eligible lists of producers selected in each district obtained as provided in Sections 59721 to 59729, inclusive. Any vacancy which is occasioned by the death or resignation of any member, or by removal for incompetence, inattention, or neglect of duties as a member of the marketing program committee, by the director, or by a member who ceases to qualify as a producer or handler of the commodity which is concerned, shall be filled from persons who remain on the eligible lists of producers from which the appointments for the current term were made, or from new lists which are obtained as provided in Sections 59721 to 59729, inclusive. (Amended by Stats. 1967, Ch. 1186.)
  45. 59733.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee must appoint an agent, subject to the director’s approval, and the agent administers the marketing program under the committee’s direction.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59733. The marketing program committee shall appoint an agent, subject to the approval of the director, who shall administer the marketing program under the direction of the marketing program committee and who may be removed from office in the same manner as he was appointed. The salary or compensation of the agent shall be fixed by the marketing program committee, subject to the approval of the director. (Enacted by Stats. 1967, Ch. 15.)
  46. 59734.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The agent must appoint deputy agents and other assistants as needed to run the marketing program, and the program committee must approve those appointments.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59734. The agent shall appoint such deputy agents and other assistants as may be necessary to direct the marketing program. Such appointments are subject to the approval of the program committee. The agents, deputy agents, and other assistants are employees of the proration zone and not of the state. An officer or employee shall not receive compensation which is based on a percentage of volume which is involved in a marketing program, or in any manner that would lend encouragement to the promotion of a marketing program for the purpose of increasing salaries and income. (Enacted by Stats. 1967, Ch. 15.)
  47. 59735.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may take several administrative and financial actions, but only with the director’s approval, and the director may require collaboration in proper cases.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59735. The marketing program committee, with the approval of the director, may do all of the following: (a) Appoint subcommittees in any producing areas within the proration zone to facilitate the carrying out of the purposes of this chapter. (b) Collaborate and cooperate with any agency or organization with similar purposes, whether of this state, any other state, or of the United States, in the formulation and execution of any marketing program or marketing order which has common objectives. In any proper case, the director may require such collaboration and cooperation. (c) Cooperate with any duly constituted authority in the enforcement of other laws of this state, or of the United States, which are enacted to protect producers or the consuming public from fraud or deception. (d) Make contracts and agreements in the furtherance of any of the powers of the marketing program committee. (e) Receive, invest, and disburse funds, pursuant to the provisions of Article 12 (commencing with Section 59941). (Amended by Stats. 1982, Ch. 641, Sec. 3.)
  48. 59736.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program committee may exercise its granted powers only if the director approves that exercise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59736. The exercise of the powers which are granted to a marketing program committee in its administration of a marketing program which is made effective pursuant to this chapter is subject to the approval of the director. (Amended by Stats. 1967, Ch. 1186.)
  49. 59737.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may, after recommendation from the relevant marketing program committee and consistent with the chapter, establish necessary administrative regulations for marketing programs 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59737. Upon recommendation of the marketing program committee which is concerned, the director may, consistent with this chapter, establish such administrative regulations as may be necessary to facilitate the administration and enforcement of each marketing program which is promulgated pursuant to this chapter. Upon the issuance and making effective of such regulations, notice of the issuance of the regulations shall be made in the same manner as provided in Article 16 (commencing with Section 59111), Chapter 1, Part 2 of this division for marketing orders. (Enacted by Stats. 1967, Ch. 15.)
  50. 59738.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Committee appointees from producers, handlers, and processors are treated as representing the relevant agricultural industry and, for this purpose, as the public generally.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 7. Marketing Program and Grading Committees [59721 - 59738] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 59738. It is hereby declared, as a matter of legislative determination, that producers, or handlers, and processors appointed to any committees 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 committees, 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. 1429.)
  51. 59801.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program committee may exercise powers granted under a marketing program to reduce surplus or other adverse market conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59801. The powers which are granted to a marketing program committee by a marketing program pursuant to this article may be exercised for the purpose of minimizing the effect of any surplus or other adverse market condition. (Enacted by Stats. 1967, Ch. 15.)
  52. 59802.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program may authorize its committee to establish and maintain stabilization and surplus pools, and marketing of green ripe olives is exempt from marketing program provisions about those pools.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59802. A marketing program may authorize the marketing program committee to establish and maintain stabilization and surplus pools. The marketing of green ripe olives is not, however, subject to the provisions of any marketing program which relates to the esablishment and operation of stabilization and surplus pools. (Enacted by Stats. 1967, Ch. 15.)
  53. 59803.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may receive uncertificated commodity portions from producers for pooling and marketing, and it must set the quantities or percentages assigned to the stabilization and surplus pools.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59803. The program committee may receive from each producer for delivery into a stabilization or surplus pool the uncertificated portions of the commodity which is regulated by the marketing program and market it by any variety, grade, or size for the account of the producers if the uncertificated portion can be disposed of advantageously either in its original or a converted state. The marketing program committee shall designate the quantity or the percentage of the marketable supply of the commodity that shall be placed in the stabilization pool and the quantity or the percentage of the marketable supply of the commodity that shall be placed in the surplus pool. Any quantity or percentage which is so established is applicable to each producer. (Enacted by Stats. 1967, Ch. 15.)
  54. 59804.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may receive and account for commodities in stabilization or surplus pools by variety, grade, or size, and may set servicing charges for commodities in those pools.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59804. In operating any stabilization or surplus pool, the marketing program committee may receive and account for the commodity on the basis of variety, grade, or size classifications, and may fix servicing charges to be assessed against the total quantity of any commodity which is received into the pools. (Enacted by Stats. 1967, Ch. 15.)
  55. 59805.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee owns the commodity in each pool, must handle the pooled commodity, and must account for it to each beneficially interested producer on a pooled 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59805. The marketing program committee has title to all of the commodity in each of the pools and shall handle all of the commodity received into each of the pools and account for it to each producer that is beneficially interested in such commodity upon a pooled basis. (Enacted by Stats. 1967, Ch. 15.)
  56. 59806.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may decide when stabilization pool contents can be disposed of or marketed, so long as this supports stabilized marketing conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59806. The contents of a stabilization pool may be disposed of or may be marketed, from time to time, as the marketing program committee deems advisable, consistent with the maintenance of stabilized marketing conditions. (Enacted by Stats. 1967, Ch. 15.)
  57. 59807.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A surplus pool may not be marketed in a way that directly competes with regularly certificated or stabilization pool commodity. A marketing program committee may give surplus pool goods for free to charitable or similar organizations if safeguards prevent direct competition with normal 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59807. The contents of a surplus pool shall not be marketed in any form which would directly compete with that portion of the commodity which is regularly certificated or which is in a stabilization pool. Any part of any surplus pool may, however, be transferred by a marketing program committee on a gratuitous basis to any charitable organization, self-held cooperative, or similar agency under proper safeguards to prevent any part of the commodity so disposed of from directly competing with the part of the commodity which is marketed through the usual channels of trade. (Enacted by Stats. 1967, Ch. 15.)
  58. 59808.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program may let its committee set up and maintain diversion or substandard pools, and the committee may receive producer output that does not meet regular marketing-channel 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59808. A marketing program may authorize the marketing program committee to establish and maintain diversion or substandard pools. The program committee may receive from each producer for delivery into a diversion or a substandard pool such quantity of each producer’s production or deliveries as fails to qualify for marketing or sale in regular marketing channels, under grade, quality, or size regulations which are established in the marketing program or under standardization laws or other laws of this state or of the United States. (Enacted by Stats. 1967, Ch. 15.)
  59. 59809.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When operating a diversion or substandard pool, the marketing program committee may set servicing charges and may receive and account for the commodity using variety, grade, and size classifications. The committee has title to the pooled commodity and must handle and account for it to each beneficially interested producer on a pooled 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59809. In operating any such diversion or substandard pool, the marketing program committee may fix servicing charges to be assessed against the commodity which is received into the pool and may receive and account for the commodity on a basis of variety, grade, and size classifications. The program committee has title to all of the commodity in either of the pools and shall handle all of the commodity which is received into either of the pools and account for it to each producer that is beneficially interested in such upon a pooled basis. (Enacted by Stats. 1967, Ch. 15.)
  60. 59810.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Contents of any diversion or substandard pool must be disposed of for byproducts or other purposes, with safeguards to keep the disposed commodity from directly competing with the commodity sold in its usual form.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59810. The contents of any diversion or substandard pool shall be disposed of for byproducts or for other purposes under proper safeguards to prevent that part of the commodity which is so disposed of from directly competing with the part of the commodity which is marketed in its usual form through the usual channels of trade. (Enacted by Stats. 1967, Ch. 15.)
  61. 59811.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program may let its committee create, obtain, and operate certain facilities, but the committee may not engage in public 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59811. A marketing program may authorize the marketing program committee to create, establish, or otherwise obtain and operate any facility for the storing, financing, grading, packing, servicing, processing, preparing for market, selling, or disposal of the contents of any pools which are provided for in this article. A marketing program committee shall not, however, engage in public warehousing. (Enacted by Stats. 1967, Ch. 15.)
  62. 59812.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may pledge pooled commodity to a bank or other lending agency to get loans, and it has title to the commodity in those pools for financing and handling.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59812. The marketing program committee may pledge all of the commodity that is in any pool which is established pursuant to any provision of this article with a bank or other lending agency for the purpose of obtaining loans upon such commodity. The marketing program committee has title to all of the commodity which is in any such pools for the purpose of financing and handling. (Enacted by Stats. 1967, Ch. 15.)
  63. 59813.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program may let its committee create, maintain, and spend an equalization fund, funded by a uniform producer assessment, for specified producer equalization and indemnity 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59813. A marketing program may authorize the marketing program committee to create, by a uniform assessment upon producers based upon the volume of the commodity which is marketed by each, 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 as to the total volume which is marketed through prorated channels that 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 relief, byproducts, or other noncompetitive purposes pursuant to a marketing program. (Enacted by Stats. 1967, Ch. 15.)
  64. 59814.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Funds raised for equalization fund purposes under Section 59813 may not be used to pay the department’s maintenance 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59814. No part of any funds which are raised for equalization fund purposes, as specified in Section 59813, shall be applied to the cost of maintenance of the department. (Amended by Stats. 1967, Ch. 1186.)
  65. 59815.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program may let its committee set methods for matching supply to market demand, including limits based on volume, time, diversion, grade, quality, or size.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59815. A marketing program may authorize the marketing program committee to establish, adopt, and apply methods for correlating the marketable supply of any commodity to the reasonable market demands by means of volume limitation, time limitation, diversion, or by grade, quality, or size regulations which are applicable to the total production of any commodity, or to that portion of any commodity which qualified for marketing pursuant to standards which are authorized in the marketing program, standardization laws, or other laws of this state, or of the United States. The marketing of green ripe olives is not, however, subject to the provisions of any marketing program which limits the total quantity of such commodity which may be marketed. (Enacted by Stats. 1967, Ch. 15.)
  66. 59816.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program may authorize its committee to use educational and trade-stimulation efforts to broaden distribution and increase consuming outlets, so long as those efforts are general in nature and not unfairly harmful to the quality of other food 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59816. A marketing program may authorize the marketing program committee to broaden distribution and increase consuming outlets by appropriate educational and trade stimulation efforts of a general industry nature and not unfairly depreciative of the quality of any other food product. (Enacted by Stats. 1967, Ch. 15.)
  67. 59817.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Educational and trade stimulation efforts may include efforts to reduce trade barriers and presentations or negotiations with governmental agencies about marketing 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59817. Educational and trade stimulation efforts may include all of the following: (a) Efforts to prevent, modify, or remove trade barriers which directly affect the commodity to which the marketing program applies. (b) The presentation of facts to, and negotiations with, any state, federal, or foreign governmental agency on any matter which affects the marketing of the commodity. (Enacted by Stats. 1967, Ch. 15.)
  68. 59818.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A fee or assessment must be established and collected to fund educational and trade stimulation efforts, and it may be collected separately or combined with another administrative fee.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59818. For the purpose of providing funds to defray the cost of formulating, administering, and enforcing educational and trade stimulation efforts, a fee or assessment shall be established and collected upon the volume of the commodity which is marketed or upon some other uniform and equitable basis. The fee may be collected separately by the marketing program committee or may be combined with any fee which is collected for general administrative purposes, in which case the marketing program committee may recommend to the director, and the director may approve, the proportions of the combined fee which may be expended for each of such purposes. (Enacted by Stats. 1967, Ch. 15.)
  69. 59819.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Funds collected in a marketing season may be carried forward for spending in a later season if the director approves.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59819. Any portion of the funds which are collected during any marketing season to accomplish the purposes of Sections 59816, 59817, and 59818 may, subject to the approval of the director, be carried forward for expenditure during any season subsequent to the season during which the funds are collected. (Enacted by Stats. 1967, Ch. 15.)
  70. 59820.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Approved educational and trade stimulation efforts under a marketing program may run for up to four years without a biennial 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59820. Any educational and trade stimulation efforts which are authorized by any marketing program if approved by growers, either by written assent or by referendum ballots, for a specified period of time, but not exceeding four years, may be carried out for such period without the necessity of a biennial referendum as required in Section 59981. (Enacted by Stats. 1967, Ch. 15.)
  71. 59821.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program may let its committee arrange production cuts by tree or vine pulling, and the committee may accept producer applications and must make acreage adjustment payments after proper review and certification.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59821. A marketing program may authorize the marketing program committee to provide for the adjustment of production of any commodity by means of tree or vine pulling. The marketing program committee may receive applications from producers for acreage adjustment payments. The marketing program committee shall, upon proper review and certification, make such acreage adjustment payments on an equitable basis from funds which are collected for that purpose under the marketing program on a uniform basis from all commercial producers of the commodity within the proration zone, or from funds which are received from any federal, state, or other agency for that purpose. (Enacted by Stats. 1967, Ch. 15.)
  72. 59822.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A production-adjustment marketing program may not authorize payment to remove specified trees or vines if, in the prior three years, they produced yields above the state average for the same species or variety.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59822. A marketing program of production adjustment adopted under Section 59821 shall not authorize any payment for the removal of acreages of trees or vines of any species or variety specified in the marketing program which have, during the three years immediately preceding the date of application, produced an annual yield per acre in excess of the comparably computed average yield from bearing trees or vines of the same species or variety for the state as a whole. Such yields and averages shall be determined by the director from statistical data which is compiled by any state or federal agency or such other data as the director deems to be representative and reliable. (Enacted by Stats. 1967, Ch. 15.)
  73. 59823.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the marketing program committee thinks research would help administer a marketing program, it may authorize and arrange that research, but only 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59823. If the marketing program committee finds that the results of research would be advantageous in the administration of a marketing program, it may, subject to the approval of the director, authorize and arrange for research to be conducted. The cost of the research shall be considered a part of the cost of the administration of that portion of the marketing program for which the research is authorized. (Enacted by Stats. 1967, Ch. 15.)
  74. 59824.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The dean and the program committee must work together to choose research projects. The College of Agriculture should do the projects when practicable, but another research agency may be chosen if the college lacks facilities or another agency is better equipped.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 8. Marketing Programs [59801 - 59824] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 59824. In any such research, the Dean of the College of Agriculture of the University of California and the program committee shall cooperate in selecting the research projects to be carried on from time to time. Insofar as practicable, the projects shall be carried out by the College of Agriculture, but if the dean of the college and the marketing program committee determine that the college has no facilities for a particular project or that some other research agency has better facilities for it, the project may be carried out by any other research agency which is selected by the dean and the marketing program committee. (Enacted by Stats. 1967, Ch. 15.)
  75. 59851.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When a marketing program is issued for producers’ written assent, the director must send each affected producer or their authorized agent a full copy of the program and a form to record assent.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 59851. Upon the issuance of a marketing program for the written assent of producers, the director shall submit a copy of the marketing program in full to each of the producers of the commodity which is to be affected, or their duly authorized agent, within the proposed proration zone as shown by the lists of producers which are compiled in accordance with this chapter, accompanied by a printed, typewritten, or mimeographed form upon which the producer can record his assent to the marketing program. (Enacted by Stats. 1967, Ch. 15.)
  76. 59852.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A nonprofit cooperative association may act for a member only if the member gives written, signed authorization. A member may revoke that authority in writing, and the revocation becomes effective three days after the director receives 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 59852. A nonprofit cooperative association may assent on behalf of any of its members only if it is authorized so to do by an instrument in writing which is signed by the member. Such authority may be revoked as to him by any such member by an instrument in writing which is filed with the director and with such association. The revocation shall become effective three days after its receipt by the director. A copy of any written authorization, or any revocation of such authority, of a producer to the nonprofit cooperative association of which he is a member shall be forwarded to the director by the association. (Enacted by Stats. 1967, Ch. 15.)
  77. 59853.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may set a closing date for counting written assents to a marketing program or amendments, and if so, the date must be shown on the assent form and announced by press release.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 59853. The director may at the time of mailing to producers a marketing program or amendments to it for written assent, establish a closing date after which assents will not be counted. If he does so, the closing date upon which assents are required to be postmarked in order to be counted shall be shown on the assent form and be announced by a press release for general dissemination which is issued by the director. (Enacted by Stats. 1967, Ch. 15.)
  78. 59854.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the closing date for filing assents is not already set, the director may set it and must give public notice before the 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 59854. If the closing date is not established at the time assent forms are mailed to producers, and the director subsequently finds that because of the oncoming harvesting season or because of any other relevant reason it is desirable to fix a closing date for filing assents, he may do so by publishing a notice pursuant to Section 6061 of the Government Code in the capital of the state and in such other localities as the director may prescribe not less than 10 days prior to the closing date. The closing date shall also be announced by a press release for general dissemination which is issued by the director at least 10 days prior to the closing date. (Enacted by Stats. 1967, Ch. 15.)
  79. 59855.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must make a marketing program effective if the director finds it has been assented to in writing by one of the listed producer groups.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 59855. If the director finds that the marketing program has been assented to in writing by one of the following, he shall make the marketing program effective: (a) Not less than 65 percent of the producers in the proration zone that produced for market not less than 51 percent of the quantity of the commodity which was produced in the proration zone in the next preceding season. (b) Not less than 51 percent of the producers that produced for market not less than 65 percent of the quantity of such commodity which was produced in the proration zone in the next preceding season. (Enacted by Stats. 1967, Ch. 15.)
  80. 59856.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director makes a marketing program effective, the director must publish notice of the effective date at least five days before that 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 59856. If the director makes a marketing program effective, he shall publish a notice of the effective date pursuant to Section 6061 of the Government Code in the capital of the state and in such other localities as the director may prescribe, not less than five days prior to the effective date. (Enacted by Stats. 1967, Ch. 15.)
  81. 59857.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program committee member or proration zone agent must not improperly influence producers’ choice for or against starting or ending a marketing program.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 9. Assents to Marketing Programs [59851 - 59857] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 59857. A member of the marketing program committee, or the proration zone agent, shall not unduly influence producers in their choice either for or against the institution of a marketing program, or for or against the termination of such a marketing program. (Added by renumbering Section 59610 by Stats. 1967, Ch. 1186.)
  82. 59881.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After a marketing program is formulated and approved, the agent for the proration zone must administer it, handle later changes, and issue proration certificates.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 59881. After any marketing program has been formulated and has been approved as provided in this chapter, the agent for the proration zone shall assume the administration of the marketing program and any subsequent modification of it and the issuance of proration certificates pursuant to it. Such certificates shall be divided into primary and secondary certificates. (Enacted by Stats. 1967, Ch. 15.)
  83. 59882.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each producer is entitled to one primary certificate.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 59882. Each producer is entitled to one primary certificate which may indicate the quantities of the commodity for which the marketing program has been instituted which the producer that is named in the certificate is entitled to harvest or otherwise prepare for market and delivery into the primary channels of trade. The primary certificate may also indicate from time to time the number of secondary certificates which are issued under it. (Enacted by Stats. 1967, Ch. 15.)
  84. 59883.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Secondary certificates must be numbered consecutively and must accompany deliveries of the prorated commodity by producers into a primary trade channel.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 59883. Secondary certificates shall be numbered consecutively and shall be used to control the time and volume of harvesting or other preparation for disposal. Secondary certificates shall accompany all deliveries of the prorated commodity by producers into a primary trade channel. (Enacted by Stats. 1967, Ch. 15.)
  85. 59884.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may authorize harvesting an entire commodity when it is normally concentrated for market preparation.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 59884. In the case of any commodity which is normally concentrated for preparation for market, the marketing program committee may authorize the harvesting of the entire commodity for the purpose of delivery to a concentration point and subsequent marketing control. (Enacted by Stats. 1967, Ch. 15.)
  86. 59885.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Primary or secondary certificates cannot be negotiated between producers unless the marketing program committee and the director approve.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 59885. Primary or secondary certificates are not negotiable between producers, except with the approval of the marketing program committee and the director. (Enacted by Stats. 1967, Ch. 15.)
  87. 59886.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A cooperative or other market agency that is entitled to possess a commodity for marketing may be authorized in writing by the marketing program committee to receive producer certificates and represent those producers when proration is applied while the commodity is in the agency’s possession.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 10. Proration Certificates [59881 - 59886] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 59886. In the operation of any marketing program, any cooperative or other market agency which is entitled to the possession of any commodity for marketing purposes may be authorized in writing by the marketing program committee to receive certificates for producers that are represented by it and to represent its respective producers if proration is applied to the commodity while it is in the possession of such agency. (Enacted by Stats. 1967, Ch. 15.)
  88. 59911.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment to a marketing program covered by Sections 59912 to 59921 is 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59911. Any amendment to a marketing program which is specified in Sections 59912 to 59921, inclusive, is a major amendment. (Enacted by Stats. 1967, Ch. 15.)
  89. 59912.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment is a major amendment if it adds or removes authority for a marketing program to match commodity supply with market demand using volume, grade, size, variety, or time 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59912. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to correlate the marketable supply of any commodity with reasonable market demands by means of volume, grade, size, variety, or time regulations. (Enacted by Stats. 1967, Ch. 15.)
  90. 59913.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds or removes marketing program authority to fix salable and surplus percentages.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59913. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to fix salable and surplus percentages. (Enacted by Stats. 1967, Ch. 15.)
  91. 59914.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment is a major amendment if it changes a marketing program’s authority to establish, maintain, and operate certain pools.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59914. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to establish, maintain, and operate stabilization, surplus, or diversion—substandard pools. (Enacted by Stats. 1967, Ch. 15.)
  92. 59915.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds or removes marketing program authority to create or operate certain facilities tied to pools.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59915. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to create, establish, or otherwise obtain and operate any facility for the storing, financing, grading, packing, servicing, processing, preparing for market, selling, or disposing of the contents of any pools which are established. (Enacted by Stats. 1967, Ch. 15.)
  93. 59916.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds or removes authority for a marketing program to create and disburse an equalization fund.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59916. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to create and disburse an equalization fund as provided for in Sections 59813 and 59814. (Enacted by Stats. 1967, Ch. 15.)
  94. 59917.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment is treated as a major amendment if it adds to or deletes from a marketing program’s authority to broaden distribution and increase consuming outlets through educational and trade stimulation efforts.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59917. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to broaden distribution and increase consuming outlets by educational and trade stimulation efforts. (Enacted by Stats. 1967, Ch. 15.)
  95. 59918.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment is a major amendment if it adds or deletes marketing-program authority to adjust production of a commodity by tree or vine pulling.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59918. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to provide for the adjustment of production of any commodity by means of tree or vine pulling. (Enacted by Stats. 1967, Ch. 15.)
  96. 59919.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds or removes authority in a marketing program for certain research.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59919. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority for carrying on research which is related to production, processing, or distribution of any commodity, that is in addition to research that is directly necessary to the administration of the marketing program. (Enacted by Stats. 1967, Ch. 15.)
  97. 59920.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment counts as a major amendment if it adds or removes authority in a marketing program to raise an assessment rate or fee above the program’s current maximum.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59920. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to increase an assessment rate or fee beyond the maximum authorized by the marketing program which is in effect. (Enacted by Stats. 1967, Ch. 15.)
  98. 59921.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment is a major amendment if it adds or deletes marketing-program authority to extend the program to certain commodity portions or uses, or to apply it to their 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59921. An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to extend the application of the provisions of the marketing program to portions or uses of any commodity which is not subject to such provisions or to extend the application of such provisions upon the producers of such portions or uses of any such commodity. (Enacted by Stats. 1967, Ch. 15.)
  99. 59922.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A major amendment cannot take effect unless there has been a public hearing and the director makes the required findings.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59922. A major amendment shall not be made effective unless a public hearing has been held upon it in accordance with Article 5 (commencing with Section 59641) of this chapter for the establishment or institution of a marketing program, and the director makes both of the following findings: (a) The amendment is in conformity with the applicable provisions and procedures of Article 5 of this chapter. (b) The amendment is assented to in writing in the required percentages prescribed in Article 9 (commencing with Section 59851) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  100. 59923.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Minor amendments to an effective marketing program may be made if at least 75% of the producer members of the marketing program committee recommend them and the director approves.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59923. Minor amendments may be made to an effective marketing program upon the recommendation of not less than 75 percent of the producer members of the marketing program committee, with the approval of the director, if the director finds that such amendments are in conformity with the applicable provisions and procedures of Article 5 (commencing with Section 59641) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  101. 59924.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may hold a public hearing on minor amendments if advisable, and any such hearing must be held within the proration zone.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59924. If the director deems it advisable, he may hold a public hearing upon minor amendments prior to such approval. Any public hearing held for this purpose shall be held within the boundaries of the proration zone. (Amended by Stats. 1967, Ch. 1186.)
  102. 59925.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An amendment to any marketing program that adds a referendum is treated as a minor 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59925. The amendment of any marketing program to provide for a referendum is a minor amendment. (Enacted by Stats. 1967, Ch. 15.)
  103. 59926.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A modification to an in-effect marketing program is a minor amendment if it only clarifies meaning or application, or changes administrative procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59926. Any modification of the provisions of any marketing program in effect for the purpose of clarifying the meaning or application of the provisions or modifying administrative procedures for carrying out the provisions is a minor amendment. (Enacted by Stats. 1967, Ch. 15.)
  104. 59927.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director makes a marketing program amendment effective, the director must publish notice of the effective date at least five days before that 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Amendments to Marketing Programs [59911 - 59927] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 59927. If the director makes any amendment to a marketing program effective, he shall publish a notice of the effective date pursuant to Section 6061 of the Government Code in the capital of the state and in such other localities as the director may prescribe, not less than five days prior to the effective date. (Enacted by Stats. 1967, Ch. 15.)
  105. 59941.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The proration zone agent must collect a reasonable and proportional fee for each primary certificate, each secondary certificate, or both, and the fee must be set by the program committee and approved 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59941. The proration zone agent for each marketing program shall collect, either for each primary certificate or for each secondary certificate, or for both, a reasonable and proportional fee to be fixed by the program committee, subject to the approval of the director, so calculated as to provide an amount which is adequate to defray the necessary expenses of instituting and carrying out the marketing program and a proper proportion of the cost of the maintenance of the department in the performance of duties which are required by this chapter. (Amended by Stats. 1967, Ch. 1186.)
  106. 59942.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Producers must pay any certificate fee fixed by the program committee and approved by the director when their commodity units are subject to the certificates.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59942. Any fee for primary certificates or secondary certificates which is fixed by the program committee with the approval of the director, pursuant to this article, is due and payable by each producer upon all units of the commodity of the producer which are subject to the certificates and constitutes a personal debt of the producer. (Enacted by Stats. 1967, Ch. 15.)
  107. 59943.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a producer authorizes a handler to obtain secondary certificates and pay the fees, or the handler is involved in noncompliance for payment, any unpaid amounts become the handler’s personal debt.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59943. If any producer has authorized a handler to obtain secondary certificates and pay secondary certificate fees on behalf of the producer, or the handler has been a party to noncompliance with respect to payment for certificates or corresponding fees, the amounts unpaid constitute a personal debt of the handler. (Enacted by Stats. 1967, Ch. 15.)
  108. 59943.5.

    ## 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may collect producer fees from handlers, and handlers may deduct fees they paid for a producer from money owed to that producer.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59943.5. For the convenience of collecting any producer fees which are established pursuant to this article, the director may collect such fees from the handlers of the commodity which is being regulated. Any handler that pays a fee for and on behalf of any producer may deduct the producer fee from any money which is owed by the handler to the producer. Any marketing program may require a handler to deduct producer fees from any money which is owed by the handler to the producer. Such producer fee deductions are hereby declared to be trust funds held by the handler for the purposes of the marketing program concerned and shall be timely remitted, with fee reports, to the director. (Added by Stats. 1978, Ch. 816.)
  109. 59944.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The share of fees paid to the department may change seasonally, but it is generally capped at 15% for administrative fees and 5% for fees used for educational and trade stimulation marketing programs, unless the relevant committee approves a larger amount.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59944. The proportion of the fees which is payable to the department may vary upon a seasonal basis for each program according to the estimated expense to be incurred by the director in administering the marketing program. The amount so required shall not exceed 15 percent of the certificate fees which are collected by the proration zone agent specifically for administrative purposes, however, such 15 percent limit may be exceeded when it is approved by the program committee, and, in addition, such proportion of fees which are collected for any educational and trade stimulation marketing program as may be required by the director to administer the marketing program, which shall in no event exceed 5 percent of the fees which are collected for such purpose, unless the payment of a larger proportion of such funds is approved by the marketing program committee for the marketing program. (Amended by Stats. 1971, Ch. 1059.)
  110. 59945.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a marketing program committee asks, the director must confer with the committee or its representatives before setting the amount or share of marketing program fees paid to the department for maintenance.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59945. Upon the request of any marketing program committee, the director shall confer with the committee or its representatives prior to fixing the amount or proportion of any fees of the marketing program which are payable to the department for maintenance of the department in the performance of the duties which are required by this chapter. (Amended by Stats. 1967, Ch. 1186.)
  111. 59946.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Fees collected by the proration zone agent must be deposited promptly in a bank approved by the Director of Finance and accounted for immediately to the Director of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59946. All fees shall be deposited promptly by the proration zone agent in a bank which is approved by the Director of Finance, and shall be accounted for immediately to the Director of Food and Agriculture. Each deposit shall be made in the name of the proration zone under which the funds are collected. Any money which is so deposited may be invested and reinvested by the Treasurer or marketing program committee 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. For these purposes, these moneys may also be combined with funds which are determined by the director to be available for investment pursuant to Section 58939. Any increment which is received from investment, reinvestment, or deposit made by the Treasurer shall be remitted to the marketing program committee. The Treasurer may deduct from the remittance an amount equal to the reasonable cost incurred in carrying out this section or may bill the marketing program committee for the costs, and the marketing program committee shall pay the costs from any money which is collected for it pursuant to this chapter. (Amended by Stats. 1983, Ch. 417, Sec. 4.)
  112. 59947.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Funds may be spent only for authorized marketing program purposes, the expenditures must be audited at least every two years, and an audit copy must be sent 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59947. (a) The funds that are deposited pursuant to Section 59946 shall be disbursed by the director or the marketing program committee, pursuant to regulations prescribed by him or her, only for the expenditures that are incurred by the marketing program committee in carrying out the specific purposes and provisions of the marketing program, including all necessary expenses that are incurred in the formulation, administration, and enforcement of the marketing program, and expenses generated by the auditing requirement imposed by subdivision (b). (b) All expenditures 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. 19. Effective September 30, 2000.)
  113. 59948.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must withdraw the proportionate fees payable to the department from the funds each month, and the money may be used only for the department’s duties 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59948. The proportionate amount of fees which are payable to the department shall be withdrawn from the funds monthly by the director and shall be used only for the department in carrying out its duties as required by this chapter. (Amended by Stats. 1970, Ch. 284.)
  114. 59949.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee may refund leftover fee money pro rata, carry unexpended balances forward, or defer a refund, but some actions need 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59949. At the end of any marketing season as designated in each marketing program, after proper provision has been made for the payment of all necessary expense which is incurred in connection with the marketing season, any money which remains to the credit of the marketing program committee may be refunded upon a pro rata basis to all persons from whom certificate fees were collected. During any marketing season, however, the marketing program committee may, with the approval of the director, carry forward any unexpended balances for expenditure during seasons subsequent to the season during which such fees were collected. Alternatively, the refund may, upon the resolution of the marketing program committee and with the approval of the director, be deferred so as to permit the marketing program committee to use the residual funds to meet operating expenses in the succeeding season or until sufficient funds have been collected, or the collection of sufficient funds is assured, to enable the committee to make the refund and to defray the expenses of the then current marketing season, including an allowance for preliminary expenses of the next succeeding season. (Enacted by Stats. 1967, Ch. 15.)
  115. 59950.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The marketing program committee must file a refund claim with the director when a refund is made, and the director may authorize transferring remaining funds to the current marketing season if the refund amount is too small to handle practically.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59950. At the time a refund is made, the marketing program committee shall file with the director a claim for the refund to growers that are entitled to such refund. If the director finds that as of the end of any marketing season the amount which remains to the credit of the marketing program committee is so small as to make impractical the computation and remitting of the pro rata refund, he may authorize the transfer of the funds to the then current marketing season for expenditure in carrying out the marketing program. (Enacted by Stats. 1967, Ch. 15.)
  116. 59951.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Unexpended program funds must be refunded after a qualifying marketing program ends or the relevant education/trade provisions are suspended or ended, if the amount is enough to justify refund 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59951. Unexpended balances of any money which is collected to carry out the educational and trade stimulation efforts which are provided for in Sections 59816, 59817, and 59818 which are sufficient in amount to warrant incurring the expense of making a refund shall be refunded following the termination of any marketing program which contains provisions which are authorized by those sections or following the suspension or termination of educational and trade stimulation provisions of any marketing program. The refund shall be made upon such pro rata basis as the program committee and the director determine is equitable. (Enacted by Stats. 1967, Ch. 15.)
  117. 59952.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an unexpended balance is too small to make a pro rata refund practical, the director may authorize transferring the funds to specified departmental accounts.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59952. If the unexpended balance is so small as to make impractical the computation and remitting of a pro rata refund, the director may authorize the transfer of the funds to the administrative account of the marketing program or to the Department of Agriculture Fund for the support of the department in carrying out its duties in the administration of this chapter. (Amended by Stats. 1967, Ch. 1186.)
  118. 59953.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director does not have to issue refunds under $5 to producers unless the marketing program committee requests 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59953. Unless otherwise requested by the marketing program committee, the director is not required to issue refunds to any producer in an amount less than five dollars ($5). (Amended by Stats. 1976, Ch. 1222.)
  119. 59954.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An unclaimed or uncashed check or warrant from a marketing program fund must be canceled after six months; the money may then be paid to the original payee or claimant with satisfactory identification for one year, and then credited to the currently operating marketing program for that commodity if still unclaimed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59954. Any check or warrant which is drawn against the fund of any marketing program 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 program for the commodity pursuant to which the funds so retained were collected. (Enacted by Stats. 1967, Ch. 15.)
  120. 59955.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If there is no marketing program in effect, the funds are credited to the prior program’s unexpended balance, or the director may spend retained funds for any marketing program 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59955. If there is no marketing program then in effective operation for the commodity, the funds shall be credited to the unexpended balance, if any, of the last previous marketing program for the commodity. If there is no marketing program then in current operation or no balance exists from any previous marketing program to which the funds may be credited, the funds so retained may be expended by the director for the benefit of any marketing program established under the provision of this chapter. (Amended by Stats. 1971, Ch. 1059.)
  121. 59956.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An agent or employee of the marketing program committee may not have or receive collected funds until a bond is filed with the director in the form and penal sum the director prescribes.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59956. An agent or employee of the marketing program committee shall not have or receive any funds which are collected pursuant to this chapter until such agent or employee has filed with the director a bond in such form and in such penal sum as the director may prescribe. (Enacted by Stats. 1967, Ch. 15.)
  122. 59957.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may excuse the proration zone agent from collecting a due and unpaid amount of up to $5 if collection seems unlikely or would cost more than the amount, and the marketing program committee recommends 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59957. Upon the recommendation of the marketing program committee, the director may relieve the proration zone agent of the responsibility of collecting any amount which is due and unpaid not exceeding five dollars ($5) if the director determines that the collection is improbable or the cost of collecting would exceed the amount which is involved. (Amended by Stats. 1976, Ch. 1222.)
  123. 59958.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may bring a lawsuit to recover fees owed under this chapter and may make the affidavit needed for a writ of attachment.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 12. Funds [59941 - 59958] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 59958. The director, in addition to other remedies which are provided by law, may direct suit in the name of the people of this state as plaintiff, to be brought for the recovery of fees as provided in this chapter. In such case, the director may make the necessary affidavit for and a writ of attachment may issue. All fees collected in this manner shall be handled as provided in this article. (Amended by Stats. 1982, Ch. 517, Sec. 237.)
  124. 59981.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an active marketing program lacks a required periodic producer referendum, the director must hold a referendum at least every two years before the start of a marketing season, unless Section 59820 says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59981. Except as otherwise provided in Section 59820, if any marketing program which is in active operation does not provide for a periodic referendum of producers of record with the department, directly affected by the program, for the purpose of determining whether or not the program shall be continued or modified, the director shall, prior to the beginning of a marketing season, conduct a referendum on the program at least biennially for the purpose of making the determination. (Enacted by Stats. 1967, Ch. 15.)
  125. 59982.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A majority expression by referendum participants controls the director’s decision to modify, continue, or suspend a program.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59982. An expression by a majority of the producers that participate in the referendum shall govern the action of the director in declaring a program modified, continued, or suspended. (Amended by Stats. 1967, Ch. 1186.)
  126. 59983.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When conducting the referendum, the director may require the majority expression to reflect producers’ production volume as well as the number of producers voting.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59983. In conducting the referendum, the director may require the majority expression to be that of producers in terms of volume of production in addition to numbers of producers voting. (Amended by Stats. 1967, Ch. 1186.)
  127. 59984.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A marketing program must be terminated if a qualifying termination petition is filed with 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59984. After the institution of any marketing program, the program shall be terminated if there is filed with the director a petition for its termination which is signed by not less than 40 percent of the producers of the commodity in the proration zone that produced not less than 40 percent of the commodity affected that was produced within the proration zone during the last preceding season. The signatures of the producers upon the petition shall be those of the producers whose names appear on the list which was used at the institution of the program or on any corrected list which the director has had prepared during the existence of the marketing program, or their successors in interest. (Enacted by Stats. 1967, Ch. 15.)
  128. 59985.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Petitioners must date their signatures, signatures older than six months are invalid, the petition must include an undertaking covering probable hearing costs, and the director must hold a hearing within 60 days after the petition is presented.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59985. Each petitioner shall, upon affixing his signature to the petition for termination, write in the date of signing. No signature to the petition shall be valid for any purpose if affixed more than six months prior to the filing of the petition with the director. The petition shall be accompanied by a good and sufficient undertaking in an amount which is equal to the probable costs incident to conducting the hearing and making of findings. A hearing shall be held by the director upon the petition to determine the sufficiency of the signatures within 60 days after the presentation of the petition. (Enacted by Stats. 1967, Ch. 15.)
  129. 59986.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must terminate a marketing program if the petition meets the stated producer-percentage requirements, but seasonal commodity programs can only be terminated at the end 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59986. If from a check of the petition together with the facts and evidence which are adduced at the hearing, it is established that the petition to terminate is signed by the required 40 percent of the producers of the commodity in the zone that produced at least 40 percent of the proration commodity affected which was produced within the zone during the last preceding season, the director shall terminate the marketing program. Any marketing program on a seasonal commodity shall not, however, be terminated except at the end of its marketing season. (Amended by Stats. 1967, Ch. 1186.)
  130. 59987.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says hearing and findings costs are paid first from available program funds, then from the undertaking; if a petition is insufficiently signed, the hearing cost is paid from the undertaking; and leftover program funds after termination must be deposited in the State Treasury for the Department of Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59987. The costs incident to conducting the hearing and making of findings shall initially be paid from the funds of the program to the extent that they are available and thereafter from the undertaking. If the petition is found to be insufficiently signed, the entire cost of conducting the hearing shall be paid from the undertaking. If a program is terminated, any funds which remain for the use of the program committee that are not otherwise disposed of by this chapter shall be deposited in the State Treasury to the credit of the Department of Agriculture Fund. (Enacted by Stats. 1967, Ch. 15.)
  131. 59988.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may investigate whether the required facts still exist, and must terminate or suspend a marketing program if they no longer do.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 13. Termination of Marketing Programs [59981 - 59988] ( Article 13 enacted by Stats. 1967, Ch. 15. ) ## 59988. The director may at any time initiate an investigation to determine whether or not the facts which are specified in Sections 59655 to 59662, inclusive, continue to exist. Upon a finding that any one or more of the prerequisite facts no longer exist, the director shall terminate or suspend the marketing program and may dissolve the proration zone. A program on a seasonal commodity shall not, however, be terminated or suspended except at the end of its marketing season. (Amended by Stats. 1967, Ch. 1186.)
  132. 6.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Actions or proceedings started before the code takes effect, and accrued rights, are not affected; later procedure in those matters should conform to the code as far as possible.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 6. No action or proceeding which is commenced before this code takes effect, and no right which is accrued, is affected by any provision of this code, but all procedure thereafter taken in such action or proceeding shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1967, Ch. 15.)
  133. 6001.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The section declares that California’s cotton industry is threatened by cotton boll weevil and pink bollworm and says the article’s purpose is to prevent their introduction into the state.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6001. It is hereby declared that the cotton industry of this state is threatened with the invasion of cotton boll weevil and pink bollworm of cotton. These two pests, if established in this state, will cause losses of several million dollars per year to this state’s number one field crop. The purpose of this article is the prevention of the introduction of these two pests into this state and it is not intended to set a precedent, supersede, or change the normal methods of acting to control or eradicate newly established pests in this state. (Enacted by Stats. 1967, Ch. 15.)
  134. 60011.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Actions for penalties or other remedies under this chapter must be started within two 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 60011. Any action for penalties or other remedies which is prescribed in this chapter shall be commenced within two years from the date of the alleged violation. (Enacted by Stats. 1967, Ch. 15.)
  135. 60012.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person violating an approved marketing program or approved regulation may be enjoined by the director, or by the affected proration zone 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 60012. Any person that possesses, markets, handles, or transports any commodity in violation of any provision of an original or modified marketing program which is approved and made effective or in violation of any regulation which is adopted by any marketing program committee and approved by the director may be enjoined by the director, or, with the approval of the director, by the proration zone which is affected, in an action which is brought in the superior court for any county in which the violation is alleged to be occurring. There may be enjoined in the same proceeding any number of defendants that are alleged to be violating the same program although their actual violations of the marketing program may be separate and distinct and occur in different counties. In any action for injunction which is brought pursuant to this section, the procedure shall be governed by Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1967, Ch. 15.)
  136. 60013.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who violates a covered marketing program or approved regulation is civilly liable for up to $2,500 per 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 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 60013. Any person that violates a marketing program which is approved and made effective, or violates any regulation which is adopted by any program committee and approved by the director, is liable civilly in an amount of not more than two thousand five hundred dollars ($2,500) for each and every violation. That sum shall be recovered by the director or, with the approval of the director, by the proration zone which is affected, in an action brought in any court of competent jurisdiction. All sums recovered pursuant to this section shall be expended only for the necessary expenses which are incurred by the director in the administration of this chapter. Each violation during any day is a separate offense. (Amended by Stats. 1990, Ch. 500, Sec. 2.)
  137. 60014.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section makes certain acts a misdemeanor, unless Section 60015 says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 2. GENERAL MARKETING LAWS [58601 - 60016] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. The Agricultural Producers Marketing Law [59501 - 60016] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 60014. Except as otherwise provided in Section 60015, it is a misdemeanor for: (a) Any person to willfully render or furnish a false or fraudulent report, statement, or record required under this chapter. (b) Any person to deliver into a primary trade channel without proper authority any commodity upon which a marketing program has been instituted. (c) Any handler, dealer, or carrier to receive or have in its possession, within this state, without proper authority, any commodity upon which a marketing program has been instituted. (d) Any person to deliver or to attempt to deliver any commodity that has been diverted under the provisions of any marketing program into any channel of trade except that into which diversion has been ordered. (e) Any person to aid or abet in the commission of any of the acts which are specified in this section. Each violation of this section constitutes a separate and distinct offense. (Amended by Stats. 1975, Ch. 678.)
  138. 60015.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Section 60014 does not apply to certain common carriers if the shipment is made in good faith and a shipment record is kept and made available for inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 60015. Section 60014 does not apply to a common carrier which is operating over a regular route or between fixed termini if the shipment is made by the carrier in good faith and in accordance with its duties as a common carrier and a record of every such shipment within or from this state is kept by the carrier which shows the date of shipment, character and quality of shipment, origin and destination of the shipment, and the names of the consignor and the consignee. The record shall be open to inspection at all reasonable hours by or on the written order of the official or administrative authority that is charged with the enforcement of this chapter or any marketing program pusuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  139. 60016.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may determine and collect deficient marketing program fee payments, give notice, and pursue redetermination and court judgment procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( 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 14. Actions and Penalties [60011 - 60016] ( Article 14 enacted by Stats. 1967, Ch. 15. ) ## 60016. (a) When the director makes a determination that a marketing program fee 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 fees as provided by law. (Added by Stats. 1985, Ch. 565, Sec. 2.)
  140. 6002.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director, or a Cotton Pest Control Board–designated entity, may contract with the U.S. Department of Agriculture to help control or eradicate cotton boll weevil or pink bollworm.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6002. The director, or an entity designated by the Cotton Pest Control Board, may contract with the United States Department of Agriculture for the purpose of controlling, suppressing, or eradicating cotton boll weevil or pink bollworm in this state, the State of Arizona, or the Republic of Mexico to prevent the entry and establishment of these pests in this state. (Amended by Stats. 1985, Ch. 953, Sec. 1. Effective September 26, 1985.)
  141. 6003.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “First handler” means the first person who, as owner, agent, or broker, buys or otherwise acquires cotton from a grower and has possession or control of 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6003. “First handler” means the first person who, as owner, agent, or broker, purchases, or otherwise acquires from a grower, possession or control of cotton. (Added by Stats. 1983, Ch. 167, Sec. 1. Effective June 30, 1983.)
  142. 6005.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Cotton growers must pay a $3 per-bale fee, and the first handler must deduct the fee in certain sales. The director and the Cotton Pest Control Board have related authority over fee-setting and administration.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6005. (a) Every grower of cotton in the state shall pay a fee of three dollars ($3) for each bale of cotton ginned or for each bale of cotton sold by a grower in this state who received the cotton under the federal payment-in-kind program, Section 700 et seq. of Title 7 of the Code of Federal Regulations. (b) The fee is a maximum fee. The amount of the fee may vary from district to district in accordance with the protection afforded to the cotton crop in the districts. The director may establish districts in the state for the purpose of fixing the fee. Between February 1 and June 30 of each year, the Cotton Pest Control Board shall recommend to the director the amount of the fee that it determines to be necessary to carry out this article in each district. The director may fix the fee at a less amount, when it is determined that the cost of administering this article can be defrayed with the below-maximum fee. The amount of the fee shall be effective for the next fiscal year. The fee shall be paid to the director or the entity designated by the Cotton Pest Control Board at the time the cotton is ginned or by the first handler when the cotton is sold in the case of cotton received by growers under the federal payment-in-kind program, Section 700 et seq. of Title 7 of the Code of Federal Regulations. The first handler shall deduct the fee from any moneys owed to the grower. To determine the number of payment-in-kind bales on which the fee is calculated that the first handler pays to the director, the first handler shall divide each grower’s total payment-in-kind entitlement pounds of cotton by 500. (c) The amount received from fees and other sources of income shall be deposited and handled in a manner determined by the Cotton Pest Control Board and shall be used exclusively to pay costs directly related to the control of pink bollworm or other related cotton pests. (d) Fees which have not been expended by the termination date of this article shall be refunded. (e) Moneys received from other sources for this program may be used to carry out the purposes of this article. (f) The Cotton Pest Control Board may hire any and all necessary personnel, contract for services, and incur all other expenses necessary to carry out the purposes of this article. (Amended by Stats. 1991, Ch. 255, Sec. 2. Effective July 29, 1991.)
  143. 6006.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must appoint a 10-member Cotton Pest Control Board, and the board may meet monthly and must review the cotton pest control program each year.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6006. The director shall appoint a Cotton Pest Control Board, consisting of 10 members, to assist and advise him or her on matters which pertain to the control of cotton pests and to carry out its authority specified in this article. The membership shall consist of at least one cottongrower from each of the major cotton-growing counties in the state, and one member who is not a cottongrower and who represents the public. Any member of the board who misses two meetings without the permission of the board, is deemed to have resigned as a member of the board. The board may meet in regular session each month. The chairperson of the board or the director may call any other meeting of the board at any time. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board. The board shall annually review the effectiveness of the cotton pest control program. (Amended by Stats. 2012, Ch. 665, Sec. 15. (SB 1308) Effective January 1, 2013.)
  144. 6006.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The provision declares that cottongrowers appointed to the Cotton Pest Control Board are meant to represent a particular agricultural industry and that this representation serves the public interest.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6006.5. It is hereby declared, as a matter of legislative determination, that cottongrowers appointed to the Cotton Pest Control 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 board, 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. 1429.)
  145. 6006.6.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Cotton Pest Control Board must make certain decisions by May 1 each year.

    ## 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 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 6006.6. Any decision made by the Cotton Pest Control Board which results in an entity other than the department administering this article shall be made not later than May 1 of any year. (Added by Stats. 1985, Ch. 953, Sec. 3.5. Effective September 26, 1985.)
  146. 601.

    ## 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 4. Buildings of the Department of Food and Agriculture [601 - 655] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 198, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [601 - 604] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may buy or otherwise acquire real property with approval from the Department of General Services, and may build, equip, and improve buildings and property.

    ## 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 4. Buildings of the Department of Food and Agriculture [601 - 655] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 198, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [601 - 604] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 601. The department may, with the approval of the Department of General Services, purchase or otherwise acquire real property. It may construct and equip buildings upon the property and make improvements to the property, buildings, and equipment. (Added by renumbering Section 602 by Stats. 2022, Ch. 198, Sec. 3. (SB 1499) Effective January 1, 2023.)
  147. 6021.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director gets a qualifying health report about field rodents carrying certain diseases or vectors, the director must promptly advise the county commissioner.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 6021. If the director receives a report from the executive officer of the State Department of Health Services which states that field rodents in a certain area carry, or are likely to carry, any disease, insect, or other vector of any disease which is transmissible and injurious to humans, he shall forthwith advise the commissioner of the county in which such rodents exist. (Amended by Stats. 1977, Ch. 1252.)
  148. 6022.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must cooperate in suppressing field rodents, insects, and other disease vectors that are harmful to humans.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 6022. The commissioner shall cooperate in suppressing field rodents and insects, or other associated vectors of rodent-borne diseases transmissible and injurious to humans. (Amended by Stats. 1967, Ch. 897.)
  149. 6023.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must cooperate by entering into an agreement under Section 482 to suppress field rodents, insects, or other associated vectors in the reported and neighboring areas.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 6023. The director shall cooperate by entering into an agreement pursuant to Section 482 for the purpose of suppressing the field rodents and insects or other associated vectors in the reported areas and in neighboring areas, to prevent the spread of the rodents and insects, or other associated vectors. (Amended by Stats. 1967, Ch. 897.)
  150. 6024.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director or commissioner may enter premises in reported or neighboring areas to bait, trap, use chemically treated baits, or do other necessary acts to suppress rodents, insects, or related vectors.

    ## 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 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 6024. In order to carry out the purposes of this article, the director or commissioner may enter upon any and all premises within any reported area or neighboring area to bait, trap, expose chemically treated baits, or perform any act which he deems necessary for the purpose of suppressing, destroying, or repelling the rodents and insects, or other associated vectors. (Amended by Stats. 1967, Ch. 897.)
  151. 6025.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    The section states legislative findings about vertebrate pest control, including crop damage, public health benefits, registration costs, and funding research through an assessment on the materials.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6025. The Legislature hereby finds and declares all of the following: (a) The continued viability of the agricultural economy is of paramount importance to the people of this state. (b) Vertebrate pests cause an estimated two hundred million dollars ($200,000,000) damage to agricultural crops each year, and without effective controls, the losses and damage could reach one billion dollars ($1,000,000,000) annually. (c) The use of materials to control vertebrate pests benefits the public health by preventing rodent-borne diseases that could be transmitted, and be injurious, to humans. (d) County departments of agriculture have historically provided vertebrate pest control materials to the agricultural community. (e) Recent changes in the federal law require the development of extensive data and the payment of registration fees in order to register these materials, and these requirements are costly. Research studies to develop this data will be required if these valuable control materials are to be maintained. (f) It is appropriate that the necessary research be funded by an assessment on the vertebrate pest control materials for which these studies are required. (Added by Stats. 1990, Ch. 757, Sec. 1. Repealed as of January 1, 2035, pursuant to Section 6029.)
  152. 6025.2.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    This section defines “vertebrate pest” for the 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6025.2. For purposes of this article, “vertebrate pest” means any specie of mammal, bird, reptile, amphibian, or fish that causes damage to agricultural, natural, or industrial resources, or to any other resource, and to the public health or safety. (Amended by Stats. 2005, Ch. 176, Sec. 1. Effective January 1, 2006. Repealed as of January 1, 2035, pursuant to Section 6029.)
  153. 6025.3.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    This section defines “research” for this article as basic and applied research.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6025.3. For purposes of this article, “research” means basic and applied research. Basic research is experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundation of phenomena and observable facts, without any particular application or use in view. Applied research is also original investigation undertaken in order to acquire new knowledge, but it is conducted to solve practical problems or objectives. (Added by Stats. 2005, Ch. 176, Sec. 2. Effective January 1, 2006. Repealed as of January 1, 2035, pursuant to Section 6029.)
  154. 6025.4.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    Carbon monoxide may be used to control burrowing rodent pests if the stated conditions are 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6025.4. Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met: (a) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information: DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code. (b) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500). (Amended by Stats. 2022, Ch. 254, Sec. 1. (AB 1959) Effective January 1, 2023. Repealed as of January 1, 2035, pursuant to Section 6029.)
  155. 6025.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    The secretary must establish and run a research program to control vertebrate pests that significantly threaten the state’s agricultural economy, infrastructure, and the public.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6025.5. (a) The secretary shall establish and administer a research program to control vertebrate pests that pose a significant threat to the welfare of the state’s agricultural economy, infrastructure, and the public. (b) The specific purposes of the program include all of the following: (1) The investigation of effective and economical alternative materials for the control of vertebrate pests, including carbon monoxide to control burrowing rodent pests. (2) The solicitation and consideration of research proposals for alternative humane methods of control. (3) The continuation of current vertebrate pest control product registration at the state level until alternative products are developed that prove to be effective and economical. (4) The funding of research for the development of scientific data to fulfill registration requirements. (5) Cooperation with the United States Department of Agriculture in funding research programs to maintain, develop, and register vertebrate pest control materials used in this state. (Amended by Stats. 2011, Ch. 407, Sec. 3. (AB 634) Effective January 1, 2012. Repealed as of January 1, 2035, pursuant to Section 6029.)
  156. 6026.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    The secretary must establish the Vertebrate Pest Control Research Advisory Committee and appoint its members.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6026. The secretary shall establish the Vertebrate Pest Control Research Advisory Committee consisting of the following members, appointed by the secretary, to serve at the pleasure of the secretary: (a) One representative of the department. (b) One representative of the California Agricultural Commissioners and Sealers Association. (c) Five representatives of the agricultural industry representing affected commodities. (d) One representative of the University of California. (e) One representative of the California State University. (f) One representative of the State Department of Health Services. (g) One representative of the general public, with consideration given to a person with expertise in animal welfare. (Amended by Stats. 2005, Ch. 176, Sec. 4. Effective January 1, 2006. Repealed as of January 1, 2035, pursuant to Section 6029.)
  157. 6026.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    Each year, the committee must recommend to the secretary the priorities for vertebrate pest control research projects and the assessment amount needed to carry them out.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6026.5. On or before December 31 of each year, the committee shall recommend to the secretary priorities for conducting various vertebrate pest control research projects and the amount of the assessment necessary to carry out those research projects. (Amended by Stats. 2005, Ch. 176, Sec. 5. Effective January 1, 2006. Repealed as of January 1, 2035, pursuant to Section 6029.)
  158. 6027.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    This section creates the Vertebrate Pest Control Research Account and makes its money continuously available to the secretary for this article, while restricting the money from being moved, encumbered, or spent for any other purpose.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6027. There is hereby created the Vertebrate Pest Control Research Account in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated to the secretary for purposes of carrying out this article. Notwithstanding any other provision of law, the moneys in the account shall not be transferred to any other fund or encumbered or expended for any purpose other than as provided in this article. (Amended by Stats. 2005, Ch. 176, Sec. 6. Effective January 1, 2006. Repealed as of January 1, 2035, pursuant to Section 6029.)
  159. 6027.1.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    Money spent under this article is limited to four listed purposes: administrative and operational expenses, regulatory fees for registration, research, and educational outreach.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6027.1. Expenditure of funds pursuant to this article shall be limited to the following: (a) Reasonable administrative and operational expenses of the committee and the department, subject to the recommendation of an annual budget by the committee and approval by the secretary. (b) Federal and state regulatory fees for the continued registration of vertebrate pest control materials and the registration of new materials. (c) Basic and applied research as described in Section 6025.3. (d) Educational outreach on the subject of vertebrate pest control methods, including, but not limited to, the safe use of carbon monoxide to control burrowing rodent pests. (Amended by Stats. 2011, Ch. 407, Sec. 4. (AB 634) Effective January 1, 2012. Repealed as of January 1, 2035, pursuant to Section 6029.)
  160. 6027.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    Commissioners must pay a per-pound fee to the secretary, and the department must send progress reports to the advisory committee before each meeting. The secretary can set a different assessment level only after consulting the advisory committee, and the assessment and sales/distribution rules are capped and limited by the section.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6027.5. During the calendar year, each commissioner shall pay to the secretary a fee not to exceed fifty cents ($0.50) per pound of vertebrate pest control material sold, distributed, or applied by the county for vertebrate pest control purposes, less the amount necessary to recover the cost of complying with the provisions of this article, as determined by the secretary. No assessment shall be imposed on the sale or on the distribution of vertebrate pest control material by a county agricultural commissioner to another commissioner. Vertebrate pest control material registered by the secretary may only be sold or distributed by a county agricultural commissioner or as authorized by the secretary. The secretary may set a different level of assessment in the amount necessary to provide revenue for the vertebrate pest control research projects carried out pursuant to this article only if the secretary, at a minimum, has consulted with the Vertebrate Pest Control Research Advisory Committee. The new level of assessment may only commence at the beginning of the subsequent calendar year. However, the assessment shall not exceed one dollar ($1) per pound of vertebrate control material sold, distributed, or applied by the county for vertebrate pest control purposes. To assist the advisory committee in making its recommendations, the department shall submit a progress report to the members of the advisory committee at least 30 days prior to each meeting of the advisory committee. The report shall include, but is not limited to, data on research that has been, or is proposed to be, conducted and statements regarding the necessity for that research. This section does not preclude the department from preparing and distributing additional reports that may be requested by the advisory committee. (Amended by Stats. 2005, Ch. 176, Sec. 7.5. Effective January 1, 2006. Repealed as of January 1, 2035, pursuant to Section 6029.)
  161. 6028.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    Each commissioner must biannually send the required assessment payments and a sales/distribution/application report to the secretary within one month after June 30 and December 31.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6028. The assessment payments required pursuant to Section 6027.5, together with a report of the amount of vertebrate pest control materials sold, distributed, or applied during the previous six-month period, shall be made biannually by each commissioner to the secretary within one calendar month after June 30 and December 31 of each year. (Amended by Stats. 2005, Ch. 176, Sec. 8. Effective January 1, 2006. Repealed as of January 1, 2035, pursuant to Section 6029.)
  162. 6029.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. )

    Verify source ↗

    This article ends on January 1, 2035, when it is repealed.

    ## 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 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) ## 6029. This article shall remain in effect only until January 1, 2035, and as of that date is repealed. (Amended by Stats. 2025, Ch. 198, Sec. 1. (AB 1505) Effective January 1, 2026. Repealed as of January 1, 2035, by its own provisions. Note: Repeal affects Article 6.5, commencing with Section 6025.)
  163. 603.

    ## 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 4. Buildings of the Department of Food and Agriculture [601 - 655] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 198, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [601 - 604] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Buildings or improvements constructed by the department under this chapter must be used mainly for the department and its listed units.

    ## 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 4. Buildings of the Department of Food and Agriculture [601 - 655] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 198, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [601 - 604] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 603. Any building or improvement that is constructed by the department pursuant to this chapter shall be primarily for the occupancy of the department and its commissions, divisions, bureaus, advisory boards, and services. (Amended by Stats. 2022, Ch. 198, Sec. 4. (SB 1499) Effective January 1, 2023.)
  164. 6031.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    The Legislature states that controlling beet leafhopper is necessary and supports a jointly funded control 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6031. The necessity of controlling beet leafhopper, the only known vector of the curly top virus, is recognized by the Legislature as being in the public benefit. The state’s agricultural business economy could be seriously damaged if measures are not continued to prevent the transmittal of curly top virus by this insect. Since the control program primarily is carried on in uncultivated areas, involving both private and public lands, often far removed from the areas receiving benefits, it is necessary for a state agency to take primary responsibility. The Legislature therefore supports a program jointly funded by industry and public funds whereby protection is provided to both home gardens and commercial crops. (Added by Stats. 1970, Ch. 1017.)
  165. 6032.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    Defines “handler” and “producer-handler,” and requires certain producers to pay an assessment to the department while handlers collect the full amount at purchase or receipt time.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6032. As used in this article “handler” means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to damage from curly top virus, as covered by this chapter, which he or she has purchased, or acquired from a producer or which he or she is marketing, selling or processing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. A producer-handler is a producer who operates as a handler as to any such crop produced by him or her. Every producer or producer-handler of agricultural crops susceptible to curly top virus as determined by the secretary, may include, but is not limited to, tomatoes, sugar beets, melons, beans, cucumbers, spinach, and peppers shall pay to the department an assessment on all those crops sold or delivered by him or her to a handler or, in the case of a producer-handler, on those crops marketed by the producer-handler. The full amount of the assessment shall be collected from the producer by the handler at the point and time that the crop is purchased or received by the handler as provided by regulations of the secretary. (Amended by Stats. 2003, Ch. 685, Sec. 1. Effective January 1, 2004.)
  166. 6033.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    Handlers or producer-handlers must pay the assessment to the secretary, unless another rule in this article provides otherwise.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6033. Except as otherwise provided in this article, the assessment collected from producers by handlers or due from producer-handlers shall be paid by the handlers or producer-handlers to the secretary as provided by regulations of the secretary. (Amended by Stats. 1994, Ch. 508, Sec. 2. Effective January 1, 1995.)
  167. 6033.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

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    Producers must treat the assessment as a personal debt, and handlers or producer-handlers are personally liable to pay it. If they fail to file a return, pay, or otherwise comply with Section 6033, a 10% penalty and 1.5% monthly interest apply.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6033.5. (a) Any assessment that is imposed on the producer pursuant to this article is a personal debt of the producer. (b) Every handler or producer-handler is personally liable for the payment of the assessment. The failure of the handler or producer-handler to collect the assessment does not exempt the handler or producer-handler from liability, and does not relieve the producer from the obligation to pay the assessment. (c) Any producer, handler, or producer-handler who fails to file a return or pay the assessment or otherwise comply with Section 6033 shall pay a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance of the assessment and the penalty. (Added by Stats. 1994, Ch. 508, Sec. 3. Effective January 1, 1995.)
  168. 6034.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    This section establishes beet leafhopper assessment districts and lets the secretary create additional district areas by regulation if the required findings are made.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6034. For the purpose of assessment, the following districts are established: District I, Imperial and Riverside Counties; District II, Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus, and San Joaquin Counties, and that portion of Los Angeles County lying north of the San Gabriel Mountains; District III, Sacramento, Solano, Yolo, Placer, Sutter, Yuba, Colusa, Butte, and Glenn Counties; District IV, Alameda, Contra Costa, Monterey, San Benito, San Luis Obispo, Santa Clara, Santa Cruz, and Santa Barbara Counties; additional areas of the state may be established in districts by regulation of the secretary if the secretary finds crops in any such district are subject to damage from curly top virus and that any such district is necessary to accomplish the purposes of this article. (Amended by Stats. 1994, Ch. 508, Sec. 4. Effective January 1, 1995.)
  169. 6035.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    The secretary may set and change assessment rates by district and crop, when necessary under Section 6036.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6035. The secretary may establish the rate of assessment by district and crop and may adjust the assessment rate from time to time, whenever necessary as provided in Section 6036. (Amended by Stats. 1994, Ch. 508, Sec. 5. Effective January 1, 1995.)
  170. 6036.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    Assessment rates may vary by district and crop, based on vulnerability to curly top virus damage and the protection afforded, and any established rates must be set by regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6036. The assessment rate may vary from district to district and from crop to crop based on the degree of vulnerability to damage from curly top virus experienced by those crops in those districts. The rates may also vary in accordance with the protection afforded to those crops in those districts. Any rate or rates established shall be set by regulation. The assessments shall be in total amount sufficient to reimburse the secretary, and whenever feasible, shall not exceed 65 percent of the expenditure by the department in carrying out the beet leafhopper control program. (Amended by Stats. 1994, Ch. 508, Sec. 6. Effective January 1, 1995.)
  171. 6037.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    Money received by the director under this article must be deposited in the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6037. Any money which is received by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the administration and enforcement of this article. (Amended by Stats. 1982, Ch. 454, Sec. 27.)
  172. 6038.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    The director may receive money from other sources for this program, and it must be deposited into the Department of Food and Agriculture Fund and used for the article’s purposes.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6038. The director may receive moneys from other sources for this program, which shall be deposited into the Department of Food and Agriculture Fund and used to carry out the purposes of this article. (Amended by Stats. 1982, Ch. 454, Sec. 28.)
  173. 6039.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    The secretary must appoint a nine-member Curly Top Virus Control Board and a chairperson, and may appoint a public member.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6039. The secretary shall appoint a Curly Top Virus Control Board consisting of nine members. The membership shall consist of at least one representative of each of the primary crop commodities assessed and shall include representation from each of the districts assessed. The secretary may appoint one additional member on the board, who shall be a public member. The secretary shall appoint one member of the board to serve as chairperson. Upon the secretary’s request, the board shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor or financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the board. The secretary may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the secretary, the board shall continue to submit lists of nominees until the secretary has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board. (Amended by Stats. 1994, Ch. 508, Sec. 7. Effective January 1, 1995.)
  174. 6039.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

    Verify source ↗

    The section says appointees to the Curly Top Virus Control Board are meant to represent a particular agricultural industry and to serve the public interest.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6039.5. It is hereby declared, as a matter of legislative determination, that persons appointed to the Curly Top Virus Control Board pursuant to Section 6039 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 board, 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. 1429.)
  175. 604.

    ## 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 4. Buildings of the Department of Food and Agriculture [601 - 655] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 198, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [601 - 604] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The department must administer and supervise the building or improvement under rules it makes and the Department of General Services approves.

    ## 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 4. Buildings of the Department of Food and Agriculture [601 - 655] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 198, Sec. 1. ) ## ARTICLE 1. Definitions and General Provisions [601 - 604] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 604. The building or improvement shall be administered and supervised by the department in accordance with rules and regulations which are established by the department and approved by the Department of General Services. Such rules and regulations shall be comparable to those for the administration and supervision of other state-owned buildings. (Enacted by Stats. 1967, Ch. 15.)
  176. 6040.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

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    Board members serve at the secretary’s pleasure.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6040. Board members shall serve at the pleasure of the secretary. (Amended by Stats. 1994, Ch. 508, Sec. 8. Effective January 1, 1995.)
  177. 6041.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

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    The board may make recommendations to the secretary on article-related matters, except as provided in subdivision (b). If the secretary rejects a recommendation, the secretary must give the board a written statement of reasons within 30 days.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6041. (a) Except as provided in subdivision (b), the board shall be advisory to the secretary and may make recommendations on all matters pertaining to this article including, but not limited to, the annual budget, the adoption, modification, and repeal of regulations and procedures, the use of funds for research, and necessary assessments required to accomplish the purposes of this article as provided in Section 6031. (b) The secretary shall accept the recommendations of the board if the secretary determines that the recommendations are practicable and in the interest of the industry and the public. The secretary, within 30 days of the decision, shall provide the board with a written statement of reasons for his or her decision if the secretary does not accept a recommendation of the board. (Amended by Stats. 1994, Ch. 508, Sec. 9. Effective January 1, 1995.)
  178. 6042.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

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    The board must meet when called and at least once a year. Board members may receive per diem and mileage for authorized board activities, subject to Human Resources rules and secretary approval.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6042. The board shall meet at the call of its chairman or the secretary or at the request of any three members of the board. The board shall meet at least once a year. Members of the board shall be allowed per diem and mileage in accordance with rules of the Department of Human Resources for attendance at meetings and other board activities authorized by the board and approved by the secretary. (Amended by Stats. 2012, Ch. 665, Sec. 16. (SB 1308) Effective January 1, 2013.)
  179. 6043.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. )

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    When this article ends, leftover assessment funds must be refunded pro rata to the people who paid assessments, unless the secretary finds the amounts are too small to refund practically. In that case, the funds may be used for beet leafhopper control or research.

    ## 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 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) ## 6043. Upon termination of this article, any remaining funds received pursuant to this article shall be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period preceding the date of termination, unless the secretary finds the amounts so returnable are so small as to make impractical computation and remitting of refunds. If the secretary makes such a finding, the funds may be used for beet leafhopper control or research activities. (Amended by Stats. 1994, Ch. 508, Sec. 11. Effective January 1, 1995.)
  180. 6045.

    ## 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 8. Pierce’s Disease [6045 - 6047] ( Article 8 added by Stats. 2000, Ch. 21, Sec. 1. )

    Verify source ↗

    The Legislature says Pierce’s disease and its vectors threaten California’s grape industry and other crops, and that at least $15 million a year is needed for research and control programs.

    ## 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 8. Pierce’s Disease [6045 - 6047] ( Article 8 added by Stats. 2000, Ch. 21, Sec. 1. ) ## 6045. (a) The Legislature finds and declares that the plant killing bacterium, Xyella Fastidiosa, and the resulting pathogen, Pierce’s disease, and its vectors present a clear and present danger to California’s sixty-billion-dollar grape industry, as well as to many other commodities and plant life. (b) There exists an ongoing need for at least fifteen million dollars ($15,000,000) annually in research and programs to combat Pierce’s disease and its vectors in California. (Amended by Stats. 2015, Ch. 303, Sec. 171. (AB 731) Effective January 1, 2016. Inoperative March 1, 2031. Repealed as of January 1, 2032, pursuant to Section 6046.)
  181. 6046.

    ## 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 8. Pierce’s Disease [6045 - 6047] ( Article 8 added by Stats. 2000, Ch. 21, Sec. 1. )

    Verify source ↗

    This section creates the Pierce’s Disease Control Program and requires the secretary to appoint a statewide coordinator and support staff. It also sets rules for the Pierce’s Disease Management Account, local assistance funds, local work plans, annual review, and the section’s eventual sunset.

    ## 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 8. Pierce’s Disease [6045 - 6047] ( Article 8 added by Stats. 2000, Ch. 21, Sec. 1. ) ## 6046. (a) There is hereby created in the department the Pierce’s Disease Control Program. (b) The secretary shall appoint a statewide coordinator and provide an appropriate level of support staffing and logistical support for combating Pierce’s disease and its vectors. (c) (1) There is hereby created the Pierce’s Disease Management Account in the Department of Food and Agriculture Fund. (2) The account shall consist of money transferred from the General Fund and money made available from federal, industry, and other sources. Money made available from federal, industry, and other sources shall be available for expenditure without regard to fiscal year for the purpose of combating Pierce’s disease or its vectors and for the purpose described in Section 6047.30. State general funds to be used for research shall be expended only when the secretary has received commitments from nonstate sources for at least a 25-percent match for each state dollar to be expended. (d) The funds appropriated pursuant to this section to the Department of Food and Agriculture Fund for the purpose of combating Pierce’s disease and its vectors shall be used for costs that are incurred by the state or by local entities for the purpose of research and other efforts to combat Pierce’s disease and its vectors. (e) Whenever, in any county, funds are allocated by the department for local assistance regarding Pierce’s disease and its vectors, those funds shall be made available to a local public entity, or local public entities, designated by that county’s board of supervisors. (f) Funds appropriated for local assistance shall not be allocated to the local public entity until the local public entity creates a Pierce’s disease work plan that is approved by the department. Any funds allocated by the department to a designated local public entity shall be used for activities consistent with the local Pierce’s disease work plan or other programs or work plans approved by the department. It shall be the responsibility of the designated local public entity to develop and implement the local Pierce’s disease work plan. Upon request, the department shall provide consultation to the local public entity regarding its work plan. (g) The work plan created by the designated local public entity shall include, but is not limited to, all of the following: (1) In coordination with the department, the development and delivery of producer outreach information and training to local communities, groups, and individuals to organize their involvement with the work plan and to raise awareness regarding Pierce’s disease and its vectors. (2) In coordination with the department, the development and delivery of ongoing training of the designated local public entity’s employees in the biology, survey, and treatment of Pierce’s disease and its vectors. (3) The identification within the designated local public entity of a local Pierce’s disease coordinator. (4) The proposed treatment of Pierce’s disease and its vectors. A treatment program shall comply with all applicable laws and regulations and shall be conducted in an environmentally responsible manner. (5) In coordination with the department, the development and implementation of a data collection system to track and report new infestations of Pierce’s disease and its vectors in a manner respectful of property and other rights of those affected. (h) On an annual basis, while funds appropriated by this section are available for encumbrance, the department shall review the progress of each local public entity’s activities regarding Pierce’s disease and its vectors and, as needed, make recommendations regarding those activities to the local public entity. (i) This article shall become inoperative on March 1, 2031, and as of January 1, 2032, is repealed, unless a later enacted statute that is enacted before January 1, 2032, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2024, Ch. 197, Sec. 1. (AB 1861) Effective January 1, 2025. Repealed as of January 1, 2032, by its own provisions. Note: Termination clause affects Article 8, comprising Sections 6045 to 6047.)
  182. 6047.

    ## 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 8. Pierce’s Disease [6045 - 6047] ( Article 8 added by Stats. 2000, Ch. 21, Sec. 1. )

    Verify source ↗

    The secretary may make, keep, and enforce regulations needed to interpret, clarify, or implement this article, as long as they fit the Legislature’s intent.

    ## 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 8. Pierce’s Disease [6045 - 6047] ( Article 8 added by Stats. 2000, Ch. 21, Sec. 1. ) ## 6047. The secretary may establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in this article as may be necessary to interpret, clarify, or implement this article. This authority shall be liberally construed to effectuate the intent of this article. (Added by Stats. 2000, Ch. 21, Sec. 1. Effective May 19, 2000. Inoperative March 1, 2031. Repealed as of January 1, 2032, pursuant to Section 6046.)
  183. 6047.1.

    ## 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 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section says the article is meant to protect California’s winegrape industry and fund its purposes through an assessment on all grapes grown in California and crushed for specified products.

    ## 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 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.1. The Legislature finds and declares the following: (a) The state’s agricultural business economy could be seriously damaged if measures are not taken to prevent the transmittal of the plant killing bacterium that causes Pierce’s disease and to contain its vectors, particularly the glassy-winged sharpshooter, and if measures are not taken to prevent or inhibit infestations by other designated pests and diseases. Furthermore, progress made by winegrape growers and others in the adoption of integrated pest management and sustainable farming practices is threatened by these destructive pests and diseases. (b) The funding to accomplish the purposes of this article shall be derived from an assessment on all grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy. (c) This article is not intended to establish a precedent, or to supersede, or to reduce or in any way alter government funding of the effort to combat Pierce’s disease and other pests in this state. (d) The purposes of this article are enhanced by the many and varied efforts of other agricultural commodities’ industries to combat this bacterium and its vectors and other designated pests and diseases. (e) This article is enacted for the protection of the winegrape industry and is also declared to be enacted in the public interest 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 assessments shall be collected and expended for purposes consistent with Sections 6046 and 6047.30. (Amended by Stats. 2009, Ch. 325, Sec. 2. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  184. 6047.10.

    ## 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 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    Assessments under this article must be remitted to the department by January 31 each year, and processors may not charge producers an administrative fee for collecting and remitting them.

    ## 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 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.10. (a) All assessments payable under this article shall be remitted to the department no later than January 31 of each year. The department shall deposit the assessments remitted into the Department of Food and Agriculture Fund. (b) In no event shall any proprietary information specified in Section 6047.13 that is received by the department in collecting assessments be transferred to the board. (c) Processors shall not charge producers an administrative fee for collecting and remitting assessments. (Amended by Stats. 2025, Ch. 188, Sec. 1. (AB 1322) Effective January 1, 2026. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  185. 6047.100.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    This section incorporates applicable state county-tax laws into the article and makes the referenced county officers responsible on their official bonds for carrying out the article’s duties.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.100. The general provisions of the laws of this state, prescribing the requirements for and manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this article, hereby adopted and made a part of this article. This article, however, shall operate so as to be compliant with Article XIII (C) and XIII (D) of the California Constitution, as incorporated by Proposition 218 of 1996. The several county officers referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this article. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  186. 6047.101.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    District assessment revenue must be treated as trust funds and used only for the district’s formation purposes and the assessed acreage’s benefit.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.101. The revenue from the assessments imposed pursuant to this article by the district are trust funds and shall be encumbered only for the purposes for which the district is formed and for the benefit of the acreage assessed. The district shall expend the minimum amount necessary for overhead and other administrative costs. No district funds shall be donated, loaned, or transferred to any other local agency or to the state for any purpose, except for the implementation of the duties of the district, set forth under this article, as determined to be necessary by the district board. (Amended by Stats. 2004, Ch. 400, Sec. 21. Effective September 9, 2004.)
  187. 6047.102.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The county treasury must hold the district’s money, and the county treasurer must receive, receipt, and credit that money to the 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.102. (a) The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place them to the credit of the district. (b) The county treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner provided in this article, of all moneys held in the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  188. 6047.103.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    For a consolidated district spanning multiple counties, district money must be kept in the county treasury where the district has the largest table grape acreage, and money collected in other counties must be transferred to that repository treasury. District money may be spent anywhere in the district for authorized purposes.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.103. If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in which is located the largest area of table grape acreage of the district. Money collected for the use of the district in any other county in which a part of the district is located shall be transferred by the county treasurer upon warrant of the county auditor of the county in which the money was collected to the county treasurer of the county serving as repository for the district, in the same manner as prescribed for the disbursement of money held for a local district. Money derived from any county in which the district is located may be expended in any part of the district for the purposes authorized by this article, notwithstanding any other provision of law limiting the expenditure of any money to a specific area or county. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  189. 6047.104.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The county treasurer may pay district money only under specified warrants and must file written financial reports on set dates.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.104. (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairperson or vice chairperson and attested to by the secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairperson or vice chairperson and attested to by the secretary, to meet the district’s expenses, including salaries, at intervals approved by the board of supervisors. (b) The county treasurer shall report, in writing, on the first day of July, October, January, and March of each year, to the board of directors, the amount of money the treasurer then holds for the district, the amount of receipts since the last report, and the amounts paid out. Each report shall be verified and filed with the secretary of the district to whom it is addressed. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  190. 6047.105.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Table grape acreage outside the district, but in the same county, may be annexed to the 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.105. Acreage devoted exclusively to the growing of table grapes within a tract of land outside the district, but in the county in which the district is located, may be annexed to the district in the same manner provided in this article for the formation of the district. (Amended by Stats. 2004, Ch. 400, Sec. 22. Effective September 9, 2004.)
  191. 6047.106.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Two or more districts under this article may be consolidated.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.106. Any two or more districts organized or existing under this article may be consolidated, whether or not the boundaries are coterminous, and whether or not the districts are located in the same county. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  192. 6047.107.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board of directors may adopt a consolidation resolution and must send copies of it to the other district boards and the relevant county boards of supervisors.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.107. The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies of the resolution to the board of directors of each of the other districts. The board shall send a certified copy of the resolution to the board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district, and a copy of the resolution to the board of supervisors of each of the other counties in which is located any part of the proposed consolidated district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  193. 6047.108.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The county board of supervisors must set a hearing time and place for a proposed consolidated district, and the notice and hearing must follow the same procedure used to form a 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.108. The board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district shall fix a time and place for hearing the proposal. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  194. 6047.109.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    If the board of supervisors finds consolidation feasible and in the best interests of the owners, it must adopt a resolution declaring the districts consolidated.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.109. If the board of supervisors determines that consolidation is feasible and in the best interests of the table grape acreage owners of the respective districts, it shall, by resolution duly adopted, declare the districts consolidated into one district, giving the consolidated district a name that includes the term “consolidated.” Certified copies of the resolution shall be filed with the Secretary of State and with the county recorder of each county in which is located any part of the consolidated district. Upon the filing, the districts are consolidated into a single consolidated district with all the rights, privileges, and powers of a district. The consolidated district shall succeed to all the funds and other property, and is subject to all the indebtedness, bonded and otherwise, of the districts consolidated. Each district that is included in the consolidated district shall continue in existence for the purpose of representation on the board of the consolidated district, and for the purpose of levying, assessing, and collecting assessments for district purposes. The board of the consolidated district is, however, the board of each district that is included in the consolidated district. (Amended by Stats. 2004, Ch. 400, Sec. 23. Effective September 9, 2004.)
  195. 6047.11.

    ## 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 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

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    A producer who disputes the assessment amount may file a claim with the department and must prove the claim by a preponderance of the evidence.

    ## 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 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.11. Any producer who disputes the amount of the assessment may file a claim with the department. The producer shall prove his or her claim by a preponderance of the evidence. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  196. 6047.110.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

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    After two or more districts are consolidated, the county board of supervisors for the county with the largest table grape acreage must immediately appoint the consolidated district’s board of directors, and that board must meet the stated minimum size and membership rules.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.110. Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of table grape acreage shall immediately appoint a board of directors of at least five members, including at least one member from each of the districts that are included in the consolidated district, and at least two members from each county, if districts located in more than one county are included in the consolidated district. If any of the districts that are included in the consolidated district includes more than 15,000 acres of table grape acreage, the board of directors shall be increased by one additional director for each 10,000 acres, or fraction of 10,000 acres, in any one district that is included in the consolidated district. If the consolidated districts are located in more than two counties, the board of directors of the consolidated district shall have at least seven members. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  197. 6047.111.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

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    A consolidated district board has the same powers and responsibilities as the board of any other district under this article, and its members are appointed and serve for the same term as those directors.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.111. The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to this article. The members of the consolidated board shall be appointed in the same manner and serve for the same term as the directors of any other district organized pursuant to this article. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  198. 6047.112.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

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    A district in a consolidated district may withdraw and become a separate district if a withdrawal petition is filed with the board of directors and signed by owners representing at least a majority of the table grape acreage by area.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.112. Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing with the board of directors of the consolidated district a petition for withdrawal that is signed by the owners of not less than a majority, by area, of table grape acreage in the district. The board of directors of the consolidated district shall send the original petition to the board of supervisors of the county in which the withdrawing district is located, and a copy of the petition to the board of supervisors of each of the other counties in which is located any part of the consolidated district. Upon receipt of a petition for withdrawal, the board of supervisors of the county in which the withdrawing district is located shall fix a time and place for hearing the petition. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74. Upon withdrawal of a district, all moneys collected from the district for the use of the consolidated district, and all property purchased with these moneys, shall remain the property of the consolidated district. (Amended by Stats. 2004, Ch. 400, Sec. 24. Effective September 9, 2004.)
  199. 6047.113.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

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    If a dissolution petition is filed with the board of supervisors and meets the stated ownership/signature thresholds, the board must schedule a hearing date and place.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.113. Upon the filing of a petition with the board of supervisors that is signed by either (1) 50 percent or more of the table grape acreage owners who own 65 percent or more of the affected acreage or by (2) 65 percent or more of the table grape acreage owners who own 50 percent or more of the affected acreage requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, or more than 40 days, after the filing of the petition. (Amended by Stats. 2004, Ch. 400, Sec. 25. Effective September 9, 2004.)
  200. 6047.114.

    ## 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

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    The board of supervisors must give notice of the hearing time and place for a petition to dissolve the 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 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.114. The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)

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