Food and Agricultural Code — Part 29 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 29 of 48 · provisions 5,601–5,800

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. 61490.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. )

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    For this article, each subsidiary or branch manufacturing milk plant is treated as its own manufacturing milk handler.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. ) ## 61490. For the purposes of this article, each subsidiary manufacturing milk plant, or branch manufacturing milk plant, whether under one ownership or not, shall be considered as an individual manufacturing milk handler. (Added by Stats. 1985, Ch. 446, Sec. 4.)
  2. 61491.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. )

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    This section defines “manufacturing milk handler” by cross-reference to Section 61402.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. ) ## 61491. “Manufacturing milk handler” means any person defined as a manufacturing milk handler pursuant to Section 61402. (Added by Stats. 1985, Ch. 446, Sec. 4.)
  3. 61492.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. )

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    A manufacturing milk handler who is not licensed under the referenced chapter must get this article’s license before handling manufacturing milk, and any handler must get a separate license for each milk plant owned or operated.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. ) ## 61492. It is unlawful for a manufacturing milk handler who is not licensed under Article 12 (commencing with Section 62141) of Chapter 2 to handle manufacturing milk without first obtaining a manufacturing milk handler’s license pursuant to this article. In addition, pursuant to Section 61490, any handler shall obtain a separate license for each milk plant owned or operated. The license provided for in this article is in addition to any license which is required by Division 15 (commencing with Section 32501), or by any law or ordinance of any county or municipality of this state. (Added by Stats. 1985, Ch. 446, Sec. 4.)
  4. 61493.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. )

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    A license applicant must use director-prescribed forms, include the fee set in Section 61494, give the applicant’s name and address, provide any business details the director requires, and satisfy the director about character, responsibility, and good faith.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. ) ## 61493. Application for the license provided by this article shall be made on forms prescribed by the director, accompanied by an application fee as prescribed in Section 61494, and state the name and address of the applicant and any details specifically related to the nature of the applicant’s business that the director may require. The applicant shall further satisfy the director of his or her character, responsibility, and good faith in seeking to carry on the business stated in the application. (Amended by Stats. 1987, Ch. 534, Sec. 1.)
  5. 61494.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. )

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    License renewals and new license applications must be filed before handling manufacturing milk or before the current license expires, and specified fees apply.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Manufacturing Milk Handler Licenses [61490 - 61494] ( Article 8 added by Stats. 1985, Ch. 446, Sec. 4. ) ## 61494. One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for the renewal of the 24-month license shall be twenty-five dollars ($25). The remaining valid license renewals shall be issued for a period of 12 months beginning January 1, 1988. The application fee for the renewal of the 12-month license shall be twelve dollars and fifty cents ($12.50). Beginning January 1, 1989, all renewals of licenses shall be issued for a 24-month period, and shall be twenty-five dollars ($25). Except as otherwise provided, beginning January 1, 1988, every new license issued shall expire on the 31st day of December of the following year. Application for a new license or a renewal license, together with the appropriate application fee, shall be made prior to the handling of manufacturing milk or the expiration date of the license held. If it is not so made, the applicant shall pay an additional twenty-five dollars ($25) before the license shall be issued. (Repealed and added by Stats. 1987, Ch. 534, Sec. 3.)
  6. 6151.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Caprifigs, if not properly treated, are said to contribute to the spread of endosepsis and other plant diseases through the blastophaga carried by figs.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6151. Caprifigs, unless properly treated, contribute to, and are responsible for, the transmission of endosepsis and other plant diseases by the blastophaga which the figs contain. (Enacted by Stats. 1967, Ch. 15.)
  7. 6152.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    People who own, handle, ship, deliver, or sell certain caprifigs in the county must treat them with a commissioner-approved method to prevent or eliminate endosepsis.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6152. Every person who owns, raises, uses, packs, ships, or delivers for shipment or sells any caprifigs of the mamme crop for use within the county, shall treat such figs by a method which is approved by the commissioner for the prevention or elimination of endosepsis or the transmission of endosepsis by the blastophaga in the figs. (Enacted by Stats. 1967, Ch. 15.)
  8. 6153.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    If mamme-crop caprifigs are to be shipped or used outside the county, the responsible person must notify the county commissioner about the shipment details and the consignee.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6153. If any caprifigs of the mamme crop are to be shipped or used outside the county, the person that owns, raises, uses, packs, ships or delivers them for shipment shall notify the commissioner of the county within which the figs are to be used of all of the following: (a) The shipment. (b) The nature of the shipment. (c) The name and residence of the consignee. (Enacted by Stats. 1967, Ch. 15.)
  9. 61531.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Disposition and Use of Funds [61531- 61531.] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    Money received by the director under this chapter must be paid monthly into the State Treasury and credited to the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Disposition and Use of Funds [61531- 61531.] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 61531. All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of Food and Agriculture Fund. Funds which are so collected may only be used to defray the expenses in connection with the administration of this chapter, Chapter 2 (commencing with Section 61801), and Chapter 2.5 (commencing with Section 62500). (Repealed and added by Stats. 1987, Ch. 1074, Sec. 12. Effective September 24, 1987.)
  10. 6154.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    After notice, the commissioner must require the consignee to treat the figs before using them to prevent or eliminate endosepsis.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6154. After the notice, the commissioner shall require the consignee to properly treat the figs for the prevention or elimination of endosepsis before using them. (Enacted by Stats. 1967, Ch. 15.)
  11. 6155.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    It is unlawful for any person to violate Section 6152, 6153, or 6154.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6155. It is unlawful for any person to violate Section 6152, 6153, or 6154. (Enacted by Stats. 1967, Ch. 15.)
  12. 6156.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A person may not pack, ship, deliver for shipment, or sell caprifigs of the profichi crop in containers if they fail the listed quality conditions.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6156. It is unlawful for any person to pack, ship, deliver for shipment, or sell in any container any caprifigs of the profichi crop which violate any of the following: (a) Do not contain matured pollen. (b) Do not contain living Blastophaga insect in the adult stage. (c) Contain more than 25 percent of spent figs. (d) Contain more than 10 percent of blanks. (Enacted by Stats. 1967, Ch. 15.)
  13. 6157.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A person must not pack, ship, deliver for shipment, or sell caprifigs of the mamme crop in any container if they contain more than 25% spent figs or more than 10% blanks.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 3. Caprifigs [6151 - 6157] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6157. It is unlawful for any person to pack, ship, deliver for shipment or sell in any container any caprifigs of the mamme crop, which contain more than 25 percent of spent figs, or more than 10 percent of blanks. (Enacted by Stats. 1967, Ch. 15.)
  14. 61571.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Actions and Penalties [61571 - 61573] ( Article 10 enacted by Stats. 1967, Ch. 15. )

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    Violating any provision of this chapter is a misdemeanor punishable by a fine, jail time, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Actions and Penalties [61571 - 61573] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 61571. The violation of any provisions of this chapter is a misdemeanor which is punishable by a fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. The amount of penalty which is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of such violation upon effectuation of the purposes and provisions of this chapter. (Amended by Stats. 1983, Ch. 1092, Sec. 127. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  15. 61572.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Actions and Penalties [61571 - 61573] ( Article 10 enacted by Stats. 1967, Ch. 15. )

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    A person who violates this chapter or its regulations is civilly liable for $100 to $1,000 per violation.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Actions and Penalties [61571 - 61573] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 61572. Any person who violates this chapter, or any regulations adopted under this chapter, is liable civilly in an amount not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) for each and every violation, that sum to be recovered by the director in any court of competent jurisdiction. The amount of penalty which is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this chapter. The court may, in addition to the civil penalty, award reasonably incurred investigative and enforcement costs, and attorney’s fees, to the director. The court may also award attorney’s fees to any person successfully defending a civil action under this section. In any civil action initiated by the director under this section, the director shall join in the action, and assert civil penalties against, all parties participating in the commission of the unlawful practice. Any sum which is recovered under this section shall be deposited in the State Treasury to the credit of the Department of Food and Agriculture Fund. (Amended by Stats. 1989, Ch. 522, Sec. 1.)
  16. 61573.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Actions and Penalties [61571 - 61573] ( Article 10 enacted by Stats. 1967, Ch. 15. )

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    The director may sue in superior court to stop violations or threatened violations of this chapter or orders issued under it.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Actions and Penalties [61571 - 61573] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 61573. The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which is made pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions or orders, although their properties, interests, residences, or places of business may be in several counties and the violations separate and distinct. Any proceeding which is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1967, Ch. 15.)
  17. 6171.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    Caprifig trees are described as a menace unless they are properly controlled and regulated under supervision.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6171. Caprifig trees, unless properly controlled and regulated under supervision, constitute a menace because they are a source of infection and pests. (Enacted by Stats. 1967, Ch. 15.)
  18. 6172.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain caprifig trees are unlawful and treated as a public nuisance, except where Section 6173 provides אחרת.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6172. Except as otherwise provided by Section 6173, in the interest of the public welfare and general prosperity of the state and to provide for the control, eradication, elimination, and prevention of endosepsis and other plant diseases, all caprifig trees used for shade, ornamental, or decorative purposes, and caprifig trees in, or associated with, any fig orchard which produces calimyrna or other Smyrna-type figs that aggregate in number more than one and one-half percent of the fig trees in the orchard, are unlawful and a public nuisance. (Enacted by Stats. 1967, Ch. 15.)
  19. 6173.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Commercial growers of calimyrna or other Smyrna-type figs may keep at least one caprifig tree with their planting.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6173. Every commercial grower of calimyrna or other Smyrna-type fig may maintain at least one caprifig tree in connection with his planting. (Enacted by Stats. 1967, Ch. 15.)
  20. 6174.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must notify the owner of a fig tree that is a public nuisance to graft or destroy it within the time stated in the notice.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6174. The commissioner shall notify the owner of any fig tree which is a public nuisance under Section 6172 to graft or destroy it within a time which is specified in the notice. He may furnish to the owner, at the time of serving the notice, instructions for application of methods by the owner which are best designed to accomplish the purposes of the notice. (Enacted by Stats. 1967, Ch. 15.)
  21. 6175.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner does not destroy or graft the fig tree by the deadline in the notice, the commissioner must have the tree grafted or destroyed at the owner’s expense.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6175. If the owner does not destroy or graft the fig tree within the time which is specified in the notice, the commissioner shall cause the grafting or destruction of the tree, at the expense of the owner, in a summary manner. (Enacted by Stats. 1967, Ch. 15.)
  22. 6176.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A calimyrna grower must clean up caprifig trees by picking mamme caprifigs before the wasps begin to issue, and must treat the picked mamme caprifigs with a fungicide using recognized procedures.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6176. A calimyrna grower, regardless of the size of his holdings, shall follow the standard procedures for cleanup of caprifig trees by picking the mamme caprifigs before the wasps begin to issue. He shall treat the mamme caprifigs which are picked with a fungicide, according to recognized procedures. (Enacted by Stats. 1967, Ch. 15.)
  23. 6177.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Caprifigs or caprifig trees with both mamme and set profichi figs present are a public nuisance, and they must be destroyed before the profichi crop matures.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 4. Caprifig Trees [6171 - 6177] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6177. The presence of both mamme and set profichi figs in the caprifig trees at the same time is a public nuisance. The caprifigs, or the trees, or both, shall be destroyed at the owner’s expense by the owner or by the commissioner, pursuant to this article, before the profichi caprifig crop matures. (Enacted by Stats. 1967, Ch. 15.)
  24. 61801.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Market milk production is declared a business affected with a public interest, and this chapter is enacted under the state's police powers to protect public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61801. The production of market milk is hereby declared to be a business affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health and welfare of the people of this state. (Amended by Stats. 1982, Ch. 751, Sec. 21.)
  25. 61802.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section states legislative findings and policy reasons for regulating market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61802. The Legislature hereby declares all of the following: (a) Market milk is a necessary article of food for human consumption. (b) The production and maintenance of an adequate supply of healthful market milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare, and the production, transportation, processing, and storage of market milk in this state is an industry affecting the public health. (c) Because of the perishable quality of milk, the nature of milk production, the varying seasonal production and demand factors, and other economic factors affecting the milk industry, the potential exists for economic disruption, in the absence of regulation, in the production, marketing, and sale of market milk which may constitute a menace to the health and welfare of the inhabitants of this state and may tend to undermine sanitary regulations and standards of content and purity, however effectually the sanitary regulations may be enforced. (d) Health regulations alone are insufficient to prevent economic disturbances in the production of milk which may disrupt the future supply of market milk and to safeguard the consuming public from future inadequacy of a supply of this necessary commodity. (e) It is the policy of this state to promote, foster, and encourage the intelligent production and orderly marketing of commodities necessary to its citizens, including market milk, and to eliminate economic waste, destructive trade practices, and improper accounting for market milk purchased from producers. (f) It is recognized by the Legislature that the economic factors concerning the production, marketing, and sale of market milk in California may be affected by the national market for milk for manufacturing purposes. (g) It is recognized by the Legislature that in recent years the supply of manufacturing milk in California, as defined in Section 32509, has consistently declined and continues to decline, and that market milk has virtually supplanted manufacturing milk for manufacturing purposes in this state, and that it is therefore necessary to conform the pricing standards governing minimum producer prices for market milk established under this chapter to current economic conditions. (h) It is recognized by the Legislature that the levels of retail prices of milk and milk products paid by consumers are affected by a large number of economic and other factors apart from minimum producer prices for market milk established under this chapter, many of which factors are not within the power of the director to regulate or control, particularly since the Legislature repealed provisions concerning establishment of minimum wholesale and retail prices. It is further recognized by the Legislature that, in order to accomplish the purposes of this chapter and to promote the public health and welfare, it is essential to establish minimum producer prices at fair and reasonable levels so as to generate reasonable producer incomes that will promote the intelligent and orderly marketing of market milk in the various classes, and that minimum producer prices established under this chapter should not be unreasonably depressed because other factors have affected the levels of retail prices paid by consumers. (Amended by Stats. 1993, Ch. 1112, Sec. 1. Effective January 1, 1994.)
  26. 61803.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may establish and change milk marketing areas after investigation and a public hearing, when advisable or necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61803. It is recognized by the Legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas wherein different prices and regulations are necessary, and for that purpose the director shall have the administrative authority, with such additional duties as are herein prescribed, after investigation and public hearing, to prescribe such marketing areas and modify the same when advisable or necessary. (Repealed and added by Stats. 1977, Ch. 1192.)
  27. 61804.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section says the article’s statements of fact, policy, and application are declared a matter of legislative determination.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61804. The foregoing statements in this article of facts, policy, and application of this chapter are hereby declared a matter of legislative determination. (Repealed and added by Stats. 1977, Ch. 1192.)
  28. 61805.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section states the purposes of the chapter: to fund administration and enforcement through assessments on market milk producers and handlers, and to authorize the secretary to set marketing areas, minimum producer prices, and stabilization and marketing plans.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61805. The purposes of this chapter are to do all of the following: (a) Provide funds for administration and enforcement of this chapter, by assessments to be paid by producers and handlers of market milk in the manner prescribed in this chapter. (b) Authorize and enable the secretary to prescribe marketing areas and to determine minimum prices to be paid to producers by handlers for market milk that are necessary due to varying factors of costs of production, health regulations, transportation, and other factors in the marketing areas of this state. In determining minimum prices to be paid producers by handlers, the secretary shall endeavor under like conditions to achieve uniformity of cost to handlers for market milk within any marketing area. However, no minimum prices established or determined under this chapter shall be invalid because uniformity of cost to handlers for market milk in any marketing area is not achieved as a result of the minimum producer prices so established or determined. (c) Authorize and enable the secretary to formulate stabilization and marketing plans, subject to the limitations prescribed in this chapter with respect to the contents of the stabilization and marketing plans, and to declare the plans in effect for any marketing area. (d) Enable the dairy industry, with the aid of the state, to develop and maintain satisfactory marketing conditions, bring about and maintain a reasonable amount of stability and prosperity in the production of market milk, and provide means for conducting educational and research activities. (Amended by Stats. 2016, Ch. 260, Sec. 8. (AB 1894) Effective January 1, 2017.)
  29. 61806.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The Legislature says the powers given in this chapter should be interpreted broadly.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61806. It is the intent of the Legislature that the powers conferred in this chapter shall be liberally construed. (Repealed and added by Stats. 1977, Ch. 1192.)
  30. 61807.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section says the chapter does not permit or authorize development of monopoly conditions in market milk production, and it directs purchase terms for market milk to support an adequate, continuous supply of pure, fresh, wholesome milk to consumers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61807. Nothing in this chapter permits or authorizes the development of conditions of monopoly in the production of market milk. In the establishment of the terms and conditions under which market milk shall be purchased from producers, the terms and conditions are those which will, in the several localities and markets of the state, and under the varying conditions of production, insure an adequate and continuous supply of pure, fresh, wholesome market milk to consumers of the market milk. (Amended by Stats. 1982, Ch. 751, Sec. 24.)
  31. 61808.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section says the chapter is meant to create a comprehensive scheme for regulating milk marketing, and that if one provision is held unconstitutional, the rest of the chapter is not affected.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61808. The Legislature hereby declares that this chapter is intended to formulate a comprehensive scheme for the regulation of marketing milk. If, however, any provision of, or addition or amendment to, this chapter, either as originally enacted in 1935 at the 51st Regular Session of the California Legislature, or as amended, added to, recodified, or reenacted at any subsequent session of the California Legislature, should be held to be unconstitutional, the unconstitutionality of such provision does not affect any other provision of this chapter. (Repealed and added by Stats. 1977, Ch. 1192.)
  32. 61809.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If part of this chapter is held unconstitutional, the rest remains valid.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61809. If any article, section, subdivision, sentence, clause, or phrase of any provision of this chapter is for any reason held to be unconstitutional, such decision does not affect the validity of the remaining provisions of this chapter. The Legislature hereby declares that it would have enacted each article, section, subdivision, sentence, clause, or phrase of this chapter irrespective of the fact that one or more other articles, sections, subdivisions, sentences, clauses, or phrases is declared unconstitutional. (Repealed and added by Stats. 1977, Ch. 1192.)
  33. 61810.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section says related market milk chapters should be read together as one scheme, and that if part of one chapter is invalid, the rest remains effective.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61810. Chapter 1 (commencing with Section 61301), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being complementary of, and supplemental to, this chapter, and these chapters shall constitute a single comprehensive scheme for the regulation of the production and handling of market milk. However, each of the chapters, and each article, section, subdivision, sentence, clause, and phrase of each chapter is severable. If one of the chapters or any article, section, subdivision, sentence, clause, or phrase of any one of the chapters is for any reason held void, invalid, or unconstitutional, the decision shall not affect the validity of the other chapter or any of its articles, sections, subdivisions, sentences, clauses, or phrases. (Amended by Stats. 1987, Ch. 1074, Sec. 13. Effective September 24, 1987.)
  34. 61811.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Handlers and producer-handlers keep the right to sell or handle market milk and dairy products, but they may not pay producers less than the minimum prices in the applicable plan.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61811. No provision of this chapter, or of any stabilization and marketing plan formulated by the director pursuant to this chapter, is any limitation upon the right of any handler or producer-handler including any nonprofit cooperative association of producers which association is also a handler, by reason of the form or nature of the legal entity under which such handler conducts business, to sell or handle market milk, or any dairy product at prices or upon terms and conditions according to, and within, the several methods of handling, at or subject to which the market milk or dairy product lawfully may be sold or handled by any other handler. This section does not make lawful or permit the payment by any such handler to a producer for market milk of prices less than the minimum prices prescribed in the applicable stabilization and marketing plan. (Repealed and added by Stats. 1977, Ch. 1192.)
  35. 61812.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must set minimum prices as soon as practicable after an amendment takes effect. Existing stabilization and marketing plans are not terminated or invalidated by repeal, reenactment, or amendment.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 1. Legislative Declarations [61801 - 61812] ( Article 1 added by Stats. 1977, Ch. 1192. ) ## 61812. Neither the repeal of former Chapter 2 of this part, the reenactment of this chapter nor the amendment of any provision of this chapter shall have the effect of terminating or invalidating any stabilization and marketing plan, including provisions thereunder regarding minimum prices to be paid producers for market milk, established by the director pursuant to this chapter or former Chapter 2 prior to the effective date of the repeal, enactment, or amendment. The director shall, however, establish minimum prices pursuant to the provisions of the enactment, or amendment at the earliest practicable date after the effective date of the amendment. (Amended by Stats. 1983, Ch. 383, Sec. 1. Effective July 26, 1983.)
  36. 61821.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61821. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1977, Ch. 1192.)
  37. 61822.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    “Board” means any advisory board created as authorized in this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61822. “Board” means any advisory board created as authorized in this chapter. (Added by Stats. 1977, Ch. 1192.)
  38. 61823.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “bulk market milk” as market milk that has not been pasteurized or packaged for consumers and is handled or delivered in bulk containers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61823. “Bulk market milk” means market milk which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other consumer packages, and is handled or delivered, in bulk, in tanks, cans, or other bulk containers. (Added by Stats. 1977, Ch. 1192.)
  39. 61824.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “consumer” as a person who purchases market milk or any dairy product for consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61824. “Consumer” means any person that purchases market milk, or any dairy product for consumption. (Added by Stats. 1977, Ch. 1192.)
  40. 61825.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “dairy product” or “milk product” as including products made from milk and other milk derivatives or products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61825. “Dairy product” or “milk product” includes any product manufactured from milk or any derivative or product of milk. (Added by Stats. 1977, Ch. 1192.)
  41. 61826.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    “Handler” means a person who receives, purchases, or otherwise acquires market milk in unprocessed or bulk form from certain others for manufacture, processing, sale, or other handling.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61826. “Handler” means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise acquires ownership, possession, or control of market milk in unprocessed or bulk form from a producer, a producer-handler, or another handler for the purpose of manufacture, processing, sale, or other handling, regardless of whether such market milk is produced within or outside this state. (Added by Stats. 1977, Ch. 1192.)
  42. 61827.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    “Market cream” is defined as cream, cream-and-milk mixtures, or similar fluid milk or cream products sold under any trade name, if they are not in hermetically sealed containers and comply with local health and sanitary rules.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61827. “Market cream” means cream, as defined in this code, and any combination of cream and milk, or any fluid product of milk or cream sold under any trade name whatsoever, which complies with all of the following requirements: (a) Is not packaged in hermetically sealed containers. (b) Conforms to the health and sanitary regulations of the place where it is sold or disposed of for human consumption. (Added by Stats. 1977, Ch. 1192.)
  43. 61828.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “market milk” and says it also includes related cream, components, derivatives, and certain dairy products unless the context shows otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61828. “Market milk” has the meaning of that term as defined in Section 32510 and has the same meaning as “restricted use market milk” as defined in Section 32516.5. Unless the context otherwise indicates, “market milk” includes market cream, the components and derivatives of market milk, and dairy products manufactured from market milk or its components and derivatives. (Amended by Stats. 1996, Ch. 759, Sec. 22. Effective January 1, 1997.)
  44. 61829.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    “Market skim milk” means skim milk derived from market milk that meets the health and sanitary regulations of the place where it is sold or disposed of for human consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61829. “Market skim milk” means skim milk, as defined in this code, that is derived from market milk and conforms to the health and sanitary regulations of the place where sold or disposed of for human consumption. (Added by Stats. 1977, Ch. 1192.)
  45. 61830.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    “Marketing area” means an area within this state that is declared to be a marketing area in the way this chapter prescribes.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61830. “Marketing area” is any area within this state declared to be such in the manner that is prescribed in this chapter. (Added by Stats. 1977, Ch. 1192.)
  46. 61831.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section says “Milk” means whatever Section 32511 defines as that term.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61831. “Milk” has the meaning of that term as defined in Section 32511. (Repealed and added by Stats. 1977, Ch. 1192.)
  47. 61831.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “milk used for manufacturing purposes” as milk used for products defined in Part 3 of Division 15.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61831.5. “Milk used for manufacturing purposes” means all milk used for those products defined in Part 3 (commencing with Section 36601) of Division 15. (Added by Stats. 1977, Ch. 1192.)
  48. 61832.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “Milk plant” as any place, structure, or building where a handler receives market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61832. “Milk plant” means any place, structure, or building where a handler receives market milk. (Amended by Stats. 1979, Ch. 373.)
  49. 61833.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “packaged market milk” and “packaged market cream.”

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61833. “Packaged market milk” or “packaged market cream” means market milk or market cream respectively, which is packaged in cartons, bottles, dispenser cans, or other consumer packages, for sale to wholesale customers, or consumers. (Repealed and added by Stats. 1977, Ch. 1192.)
  50. 61834.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “person” to include a wide range of individuals and business organizations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61834. “Person” means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit or organization. (Amended by Stats. 1994, Ch. 1010, Sec. 130. Effective January 1, 1995.)
  51. 61835.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    “Processing” means receiving, pasteurizing, and packaging market milk, and also includes making milk products from market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61835. “Processing” means receiving, pasteurizing, and packaging market milk. It includes the manufacturing of milk products from market milk. (Added by Stats. 1977, Ch. 1192.)
  52. 61836.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “Producer” for market milk laws.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61836. “Producer” means any person that produces market milk from five or more cows in conformity with the applicable health regulations of the place in which it is sold, and whose bulk market milk is received, acquired, or handled by any handler or any nonprofit association of producers. It includes the nonprofit cooperative associations described in Article 3 (commencing with Section 61871) of this chapter in the transactions in which such article provides that the associations are producers. (Added by Stats. 1977, Ch. 1192.)
  53. 61837.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “producer-handler” as a person who is both a producer and a handler of market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61837. “Producer-handler” means any person that is both a producer and a handler of market milk. For the purposes of this chapter a producer-handler is a producer in any transaction which involves the sale or delivery of bulk market milk which was produced by him to a handler or to any nonprofit cooperative association of producers, and is a handler in any transaction which involves the purchase, acquisition or receipt by him of market milk, the pasteurization or packaging of market milk, or the sale or delivery of packaged market milk to any person. (Added by Stats. 1977, Ch. 1192.)
  54. 61838.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines “stabilization and marketing plan” as a plan the director formulates and makes effective under this chapter’s legislative standards.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61838. “Stabilization and marketing plan” means any plan formulated and made effective by the director within the legislative standards provided by this chapter. It includes, among other things, the establishing of prices to be paid by handlers for any or all of the various classes of market milk. (Added by Stats. 1977, Ch. 1192.)
  55. 61839.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    “Wholesale customer” means a non-distributor buyer of packaged milk, cream, or any dairy product for resale to consumers or other wholesale customers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 2. Definitions [61821 - 61839] ( Article 2 added by Stats. 1977, Ch. 1192. ) ## 61839. “Wholesale customer” means any person except a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other wholesale customers. (Amended by Stats. 1982, Ch. 751, Sec. 27.)
  56. 61871.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 3. Nonprofit Cooperative Associations [61871 - 61873] ( Article 3 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A qualifying nonprofit cooperative association is treated as a producer for certain market milk transactions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 3. Nonprofit Cooperative Associations [61871 - 61873] ( Article 3 added by Stats. 1977, Ch. 1192. ) ## 61871. For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20, that acts for producers, including members and any nonmembers of the association, to whom it accounts on a patronage basis, is a producer in any of the following transactions: (a) Any transaction which involves its receipt or handling of bulk market milk produced or delivered by such producers. (b) Any transaction which involves the sale or delivery of bulk market milk to any producer, handler, or manufacturer, or other nonprofit cooperative association of producers. (c) The receipt by it of payment for bulk market milk, packaged market milk, or any other product of market milk produced or delivered by such producers. (d) Any transaction in connection with accounting to such producers for the proceeds derived from the sale or marketing of bulk market milk, packaged market milk, or any other product of market milk produced or delivered by such producers. (Repealed and added by Stats. 1977, Ch. 1192.)
  57. 61872.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 3. Nonprofit Cooperative Associations [61871 - 61873] ( Article 3 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A qualifying nonprofit cooperative association is treated as a handler for specified market milk transactions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 3. Nonprofit Cooperative Associations [61871 - 61873] ( Article 3 added by Stats. 1977, Ch. 1192. ) ## 61872. For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20, that acts for producers, including members and any nonmembers of the association, to whom it accounts on a patronage basis, is a handler in any transaction which involves the receipt by it of market milk from any person other than a producer to whom it accounts on a patronage basis and in any transaction which involves the pasteurization of bulk market milk or the packaging of it in bottles, cartons, dispenser cans, or other consumer packages, or the sale or delivery of packaged market milk. (Repealed and added by Stats. 1977, Ch. 1192.)
  58. 61873.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 3. Nonprofit Cooperative Associations [61871 - 61873] ( Article 3 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A nonprofit cooperative association is described as accounting to producers on a patronage basis by giving each producer a share of net proceeds from marketing operations, based on milk quantity and quality and any association-set pools and quotas.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 3. Nonprofit Cooperative Associations [61871 - 61873] ( Article 3 added by Stats. 1977, Ch. 1192. ) ## 61873. A nonprofit cooperative association accounts to producers on a patronage basis when it accounts to each producer for his share of the net proceeds derived from the marketing operations of the association, according to quantity and quality of market milk furnished to the association for marketing and according to any marketing pools and quotas established by the association. (Repealed and added by Stats. 1977, Ch. 1192.)
  59. 61891.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must enforce this chapter and any stabilization and marketing plan under it, and may adopt regulations needed to administer and enforce the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61891. The director shall enforce the provisions of this chapter and of any stabilization and marketing plan initiated pursuant to the provisions of this chapter. The director shall adopt those regulations necessary for the proper administration and enforcement of the provisions of this chapter. (Added by Stats. 1977, Ch. 1192.)
  60. 61892.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may exercise powers given by the Government Code to a department head for hearings and investigations under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61892. The director shall have and may exercise any or all the powers conferred by the Government Code upon the head of a department of the state with respect to hearings and investigations under this chapter. (Added by Stats. 1977, Ch. 1192.)
  61. 61893.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may administer and enforce this chapter and must wind up and conclude administration and enforcement for periods before any suspension date if a conflicting or duplicative federal milk marketing order applies.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61893. The director is the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative intent expressed in this chapter, and is hereby vested with the administrative authority described in this chapter. Notwithstanding other laws to the contrary, in the event a milk marketing order under the jurisdiction of the United States Department of Agriculture or other appropriate federal agency, is created by referendum or under the applicable laws and procedures relating thereto, in this state or in any geographical area within this state, the provisions of this chapter or any part thereof which is in conflict with such federal order, or which is unnecessary or is a duplication thereof, shall be suspended in the geographical area covered by and during the existence of such federal order. The director shall take such steps and procedures as are necessary to wind up and conclude the administration and enforcement of the provisions of this chapter, or any part thereof, for the period prior to the suspension date. (Added by Stats. 1977, Ch. 1192.)
  62. 61894.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may investigate certain market-milk transactions and may enter, inspect, and copy related places and records at reasonable hours.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61894. For the purposes of enforcing this chapter, the director may investigate any and all transactions, between producers and handlers, between nonprofit cooperative associations and producers, among handlers, or between handlers and wholesale customers, among wholesale customers, between handlers and consumers, or between wholesale customers and consumers. For that purpose, the director shall have access to, and may enter at all reasonable hours, any place where market milk is being stored, bottled, or manufactured, where market milk or any market milk product is being bought, sold, or handled, or where the books, papers, records, or documents which relate to those transactions are kept. He may inspect and copy those books, papers, records, or documents in any place within the state. (Amended by Stats. 1982, Ch. 751, Sec. 28.)
  63. 61895.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may require producers to register.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61895. The director may require the registration of producers. (Added by Stats. 1977, Ch. 1192.)
  64. 61896.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may create a stabilization and marketing plan and make it effective after a public hearing and reasonable notice to certain requesting producers, handlers, and consumer organizations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61896. The director may formulate any stabilization and marketing plan as prescribed in this chapter and declare it effective after public hearing and reasonable notice by mail or otherwise to all producers, handlers, and consumer organizations who have filed requests with the director or the Director of Consumer Affairs. (Added by Stats. 1977, Ch. 1192.)
  65. 61897.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must keep a full and accurate record of business, acts, or testimony taken under this chapter and file it in the director’s office.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61897. A full and accurate record of business or acts performed, or of testimony taken, by the director pursuant to this chapter shall be kept and placed on file in the office of the director. (Added by Stats. 1977, Ch. 1192.)
  66. 61898.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must collect, compile, and distribute statistical data about market milk, other milk and milk products, and related dairy-industry information.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61898. In addition to the compilation of information which pertains to market milk from the reports required by this chapter, the director shall collect, assemble, compile, and distribute statistical data relative to market milk, other milk and milk products, and such other information as may relate to the dairy industry and the provisions of this chapter. (Added by Stats. 1977, Ch. 1192.)
  67. 61899.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A director’s order under this chapter that substantially affects an interested party’s rights may be reviewed by a court, and the action must be started within 30 days of the order or when the injury becomes reasonably apparent.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61899. Any order of the director made pursuant to this chapter which substantially affects the rights of any interested party may be reviewed by any court of competent jurisdiction. Any such action shall be commenced within 30 days after the effective date of the order complained of, or within 30 days after the injurious effect complained of becomes reasonably apparent. (Added by Stats. 1977, Ch. 1192.)
  68. 61900.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may make arrangements and agreements with state, other state, or U.S. agencies about plans for stabilizing and distributing market milk, and may use chapter powers to carry out and enforce those plans.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61900. The director may confer, enter into agreements, or otherwise arrange with the constituted authorities of this state, other states, or agencies of the United States with respect to plans which relate to the stabilization and distribution of market milk within this state or as between this state and other states or the United States, and may exercise his powers pursuant to this chapter to effectuate and enforce such plans. (Added by Stats. 1977, Ch. 1192.)
  69. 61901.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Money received by the director under this chapter must be paid monthly into the State Treasury for the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61901. All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of Food and Agriculture Fund. Funds which are so collected may only be used to defray expenses in connection with the administration of this chapter, Chapter 1 (commencing with Section 61301), and Chapter 2.5 (commencing with Section 62500). (Amended by Stats. 1987, Ch. 1074, Sec. 14. Effective September 24, 1987.)
  70. 61902.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may combine hearings about market milk price changes for two or more marketing areas if the relevant factors or conditions appear to have changed uniformly across those areas.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61902. If the director determines that it is probable that one or more factors or conditions which affect prices of market milk have changed on a relatively uniform basis throughout two or more marketing areas, he may consolidate the hearings on the matter of price changes for such areas. No price change shall be made as a result of such a consolidated hearing unless the amount of the change or the resulting prices are uniform throughout the areas which are affected. (Repealed and added by Stats. 1977, Ch. 1192.)
  71. 61903.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A hearing participant who testified under oath may request up to 10 calendar days after the hearing closes to file a written posthearing brief, and the director must make such briefs available for inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61903. Any person who has testified under oath at a public hearing held by the director pursuant to this chapter may be granted, upon request prior to the close of the hearing, a period of time not to exceed 10 calendar days following the closing date of the public hearing, in which to file with the director a written posthearing brief in amplification, explanation, or withdrawal of that person’s testimony. Any such posthearing brief shall be made available by the director to any interested person for inspection. Except as herein provided, the director, in formulating any stabilization and marketing plan, pursuant to this chapter, following a public hearing, shall not accept or consider any posthearing brief. Nothing in this section shall require the director to prepare, or to make available, any verbatim transcript or other record or summary of the hearing within the 10-calendar-day period referred to in this section. However, any verbatim transcript or other record or summary of the hearing prepared for or by the director shall be made available to any interested party for inspection at the office of the director in Sacramento and, upon reasonable request, at the regional office of the director nearest the location at which the public hearing was held. (Amended by Stats. 1983, Ch. 261, Sec. 1.)
  72. 61904.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must attach written statements to certain stabilization and marketing plan provisions and make them available on request to any interested person.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 4. Administration [61891 - 61904] ( Article 4 added by Stats. 1977, Ch. 1192. ) ## 61904. Any provisions of a stabilization and marketing plan formulated, established, or rejected by the director pursuant to this chapter, shall be accompanied by written statements, which shall be made available by the director to any interested person upon request, stating in substance the considerations upon which such plan provisions and minimum prices are based, or upon which such provisions and prices were rejected. (Added by Stats. 1977, Ch. 1192.)
  73. 61931.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Market milk may be classified under the rules in this article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. ) ## 61931. Market milk may be classified for the purposes of this chapter as provided in this article. (Repealed and added by Stats. 1977, Ch. 1192.)
  74. 61932.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines which milk products are classified as Class 1, and lists specific exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. ) ## 61932. Class 1 comprises: (a) Any market milk, market skim milk, half-and-half, or concentrated milk that is supplied to consumers in the fluid state, with the exception of the following: (1) (A) Any UHT market milk product, as defined in Chapter 9 (commencing with Section 39701) of Part 3 of Division 15, that is sold for use outside the state. (B) Any market milk products that are ultrapasteurized and sold for use outside the 48 contiguous states in the United States. (2) Any market half-and-half that is ultrapasteurized and packaged in hermetically sealed containers. (3) Any market half-and-half that is packaged in presterilized containers under aseptic conditions to meet the marketing requirements for these products in states other than this state. However, this paragraph does not authorize the sale within this state of any milk product as a UHT product unless the product meets the standards and requirements for UHT products specified in Chapter 9 (commencing with Section 39701) of Part 3 of Division 15. (b) Any market milk, market skim milk, or market cream that is used in any other milk product, or products resembling milk products, in which the use of market milk, or any components or derivatives of market milk, is required by, or pursuant to, this code, except any product defined in Section 61933 as class 2. (c) Any market milk, market skim milk, market cream, market milk fat, or market milk solids-not-fat that is used in the standardizing or fortifying of any milk product that is defined in this section as class 1. (d) Any market milk, market skim milk, or market cream that is used in any product not otherwise classified, which is required by any regulations adopted by the director pursuant to Article 2 (commencing with Section 36631) of Chapter 1 of Part 3 of Division 15 to be made from market milk or any components or derivatives of market milk. (e) Any market milk, market skim milk, market cream, market milk fat, or market milk solids-not-fat used in any filled product or imitation milk product, when the product imitated or resembled, is defined in this section as class 1. (Amended by Stats. 1993, Ch. 36, Sec. 6. Effective June 22, 1993.)
  75. 61933.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Class 2 market milk includes specified milk, skim milk, or cream used to make certain dairy products, with some products excluded.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. ) ## 61933. Class 2 comprises any market milk, market skim milk, or market cream used in the manufacture of market cream, homogenized market cream, sour cream, sour cream dressing, sour half-and-half or light sour cream, uncreamed, creamed, or partially creamed cottage cheese, soft fresh cheese (fromage frais), buttermilk, kefir, and yogurt. Class 2 also comprises any market milk, market skim milk, or market cream used in the manufacture of any product for which a definition and standard is prescribed in Division 15 (commencing with Section 32501), except any product that is included in class 1, class 3, class 4a, or class 4b. (Amended by Stats. 2012, Ch. 323, Sec. 4. (AB 2682) Effective January 1, 2013.)
  76. 61934.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Class 3 includes market milk, market skim milk, or market cream when used to make frozen dairy products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. ) ## 61934. Class 3 comprises all market milk, market skim milk, or market cream used in the manufacture of frozen dairy products. (Repealed and added by Stats. 1977, Ch. 1192.)
  77. 61935.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section defines Class 4a and Class 4b market milk products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. ) ## 61935. (a) Class 4a comprises all market milk, market skim milk, or market cream used in the manufacture of butter, dried milk, dried skim milk, nonfat dry milk solids, defatted milk solids, dried buttermilk, and all market milk, market skim milk, or market cream which is supplied to consumers as condensed milk, condensed skim milk, evaporated skim milk, evaporated cream or clotted cream, or evaporated milk, and any milk products which are UHT products, as defined in Chapter 9 (commencing with Section 39701) of Part 3 of Division 15, or ultrapasteurized, and sold for use outside of the 48 contiguous states in the United States, or yogurt, soft fresh cheese (fromage frais), uncreamed, creamed, or partially creamed cottage cheese, sour cream, sour half-and-half, or light sour cream which is sold for use outside the boundaries of the United States, or any product for which no definition and standards are prescribed in Division 15 (commencing with Section 32501), except the products defined in paragraph (2) of subdivision (a) of Section 61932. (b) Class 4b comprises all market milk, market skim milk, or market cream used in the manufacture of cheese other than cottage cheese. (Amended by Stats. 1991, Ch. 242, Sec. 3.)
  78. 61936.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If the director sets temporary standards for a new milk product, the director must place that product in the most comparable class under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. ) ## 61936. If the director establishes a temporary definition and standards for any new milk product pursuant to Article 2 (commencing with Section 36631), Chapter 1, Part 3 of Division 15, he shall assign such new product to that class under this article which includes the most nearly comparable product as determined by the director. (Repealed and added by Stats. 1977, Ch. 1192.)
  79. 61937.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must assign certain bulk-used market milk, market skim milk, or market cream to the classification of ultimate usage.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 5. Classes of Market Milk [61931 - 61937] ( Article 5 added by Stats. 1977, Ch. 1192. ) ## 61937. Market milk, market skim milk, or market cream, utilized in bulk by handlers as condensed milk, condensed skim milk, evaporated skim milk, evaporated cream or clotted cream, or evaporated milk, shall be assigned by the director to the classification of ultimate usage of such market milk, market skim milk, or market cream. (Repealed and added by Stats. 1977, Ch. 1192.)
  80. 61961.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 6. Marketing Areas [61961 - 61963] ( Article 6 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must designate marketing areas when they are needed to carry out the chapter and where market milk conditions are reasonably uniform.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 6. Marketing Areas [61961 - 61963] ( Article 6 added by Stats. 1977, Ch. 1192. ) ## 61961. The director shall designate marketing areas which he deems necessary or advisable to effectuate the purposes of this chapter, and in which he finds the conditions affecting the production, handling, and sale of market milk, are reasonably uniform. (Added by Stats. 1977, Ch. 1192.)
  81. 61962.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 6. Marketing Areas [61961 - 61963] ( Article 6 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may establish additional marketing areas or modify existing ones if he thinks it is necessary or advisable to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 6. Marketing Areas [61961 - 61963] ( Article 6 added by Stats. 1977, Ch. 1192. ) ## 61962. The director may establish additional areas, or modify areas previously established, if he deems the establishment or modification of such areas necessary or advisble to effectuate the purposes of this chapter. (Added by Stats. 1977, Ch. 1192.)
  82. 61963.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 6. Marketing Areas [61961 - 61963] ( Article 6 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may consolidate two or more marketing areas after a public hearing if production and handling conditions are reasonably uniform.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 6. Marketing Areas [61961 - 61963] ( Article 6 added by Stats. 1977, Ch. 1192. ) ## 61963. If the director finds, after a public hearing in and for each particular marketing area under consideration for consolidation, that conditions of production and handling are reasonably uniform in two or more such marketing areas in which stabilization and marketing plans are in effect, he may consolidate the areas. (Added by Stats. 1977, Ch. 1192.)
  83. 61991.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Before a market milk stabilization and marketing plan is formulated for a marketing area, the director must hold a public hearing in that area, unless Section 61992 provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61991. Except as otherwise provided in Section 61992, the director shall, prior to the formulation of a stabilization and marketing plan for market milk for any marketing area, conduct a public hearing in the area for the purpose of determining whether or not the formulation of a stabilization and marketing plan for market milk for such area is desired by producers whose major interest in the market milk business is in the production of market milk for the marketing area and that both: (a) Represent not less than 65 percent of the total number of producers whose major interest in the market milk business is in the production of market milk for the marketing area. (b) Produce not less than 65 percent of the total volume of the market milk produced for the marketing area by all such producers. (Added by Stats. 1977, Ch. 1192.)
  84. 61992.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A hearing is not required if the producers submit a petition for a stabilization and marketing plan and meet both 65% representation and 65% production-volume thresholds.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61992. A hearing need not, however, be held if a petition requesting a stabilization and marketing plan is presented to the director by the producers whose major interest in the market milk business is in the production of market milk for the marketing area, and that both: (a) Represent not less than 65 percent of the total number of producers whose major interest in the market milk business is in the production of market milk for the marketing area. (b) Produce not less than 65 percent of the total volume of the market milk produced for the marketing area by all such producers. (Added by Stats. 1977, Ch. 1192.)
  85. 61993.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If the director determines a stabilization and marketing plan is needed, the director must create the plan for market milk in the area and give notice of a public hearing on the plan to affected producers and handlers of record.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61993. If the director finds that a stablization and marketing plan is necessary to accomplish the purposes of this chapter, he shall formulate a stabilization and marketing plan for market milk for such area and issue a notice of public hearing upon the plan which is formulated to all producers and handlers of record with the department that may be subject to the provisions of such plan. (Added by Stats. 1977, Ch. 1192.)
  86. 61994.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Notice of the hearing may be given by mail or by publication, and the hearing must be at least 15 days after mailing or final publication.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61994. The notice of the hearing may be effected by mail, or by publication pursuant to Section 6062 of the Government Code in the area which is designated. It shall specify the time and place of such hearing, which shall not be prior to 15 days from the mailing, or from the final publication of such notice. If no daily newspaper of general circulation is published in the area which is designated, publication pursuant to Section 6066 of the Government Code shall be considered proper publication of notice. (Added by Stats. 1977, Ch. 1192.)
  87. 61995.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    At the hearing, interested parties must be heard and records of the hearing must be kept for the director’s determination on whether the proposed plan will accomplish the chapter’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61995. At the hearing, interested parties shall be heard and records kept of the proceedings of such hearing for determination by the director whether the plan proposed will accomplish the purposes of this chapter. (Added by Stats. 1977, Ch. 1192.)
  88. 61996.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If the director finds the proposed plan meets the chapter’s standards after a public hearing, the director must issue an order putting the plan into effect and give at least 10 days’ advance notice.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61996. If, after the public hearing, the director determines that the proposed plan will tend to accomplish the purposes of this chapter within the standards which are prescribed in it, he or she shall issue an order to all producers and handlers of record with the department and subject to the provisions of the plan, declaring the plan in effect within 62 days from the date of the hearing. The director shall announce any order under this section at least 10 calendar days prior to the effective date of the plan. (Amended by Stats. 1983, Ch. 261, Sec. 2.)
  89. 61997.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A handler covered by a stabilization and marketing plan must not buy milk from a producer that does not comply with this chapter and the plan.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61997. A handler that is subject to the provisions of any stabilization and marketing plan shall not purchase milk from any producer that does not comply with this chapter and such plan. (Added by Stats. 1977, Ch. 1192.)
  90. 61998.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A stabilization or marketing plan must not include provisions intended to limit the production of market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans [61991 - 61998] ( Article 7 added by Stats. 1977, Ch. 1192. ) ## 61998. No stabilization or marketing plan shall contain provisions the purposes of which are to establish limitations upon the production of market milk. (Added by Stats. 1977, Ch. 1192.)
  91. 6200.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The Legislature states findings about California’s winegrape industry and the threat posed by pests and diseases, especially phylloxera.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6200. The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 72 percent of all wine, foreign and domestic, consumed in this country. (b) Winegrapes are grown in virtually every county for processing by more than 800 wineries located throughout the state. (c) California grows more than 327,455 acres of winegrapes producing 2,570,707 tons of grapes per year valued at more than seven hundred eighteen million dollars ($718,000,000), as of 1990, with a direct and indirect impact on the state’s economy totaling more than eight billion six hundred million dollars ($8,600,000,000). (d) Destructive pests and diseases, including phylloxera, pose a significant and imminent threat to the state’s important grape and wine industry. (e) Phylloxera has already infested grape acreage in many California counties, including Napa and Sonoma, resulting in losses totaling two billion dollars ($2,000,000,000) to growers and the wine industry. (f) The state has an interest in protecting its agricultural products from further destruction by phylloxera and other harmful pests and diseases. (g) To avoid a potentially catastrophic loss to one of California’s most important industries, the Legislature declares that this chapter is in the interest of the public health and welfare. (h) The Legislature further declares that it is in the interest of the public health and welfare that the districts authorized to be created by this chapter not duplicate existing services already being provided to grape growers by the University of California Cooperative Extension Farm Advisor or the county agricultural commissioners. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  92. 6200.5.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    This section says the chapter is called the Winegrape Pest and Disease Control District Law and may be cited by that name.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6200.5. This chapter shall be known and may be cited as the Winegrape Pest and Disease Control District Law. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  93. 6201.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    This section states the chapter’s purpose: to provide a procedure for organizing, operating, governing, and dissolving districts that address phylloxera and other winegrape pests.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6201. It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to respond to, manage, and control the effects of the spread of the phylloxera pest, and other pests that attack winegrape plants, and to collect and disseminate to winegrape producers in the district all relevant information and scientific studies concerning the pest or pests, as well as to chart and determine the extent and location of any infestations. Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to districts organized pursuant to this chapter. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  94. 6202.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    This section says its definitions control how the chapter is read, unless context requires 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6200 - 6202] ( Article 1 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6202. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Board” or “board of directors” means the board of directors of a district. (b) “District” means a winegrape pest and disease control district organized pursuant to this chapter. (c) “Owner” includes joint owner, coowner, guardian, executor, administrator, or any other person that holds property in a trust capacity under court appointment. (d) “Phylloxera,” Daktulosphaira vitifoliae, is an aphid-like pest in the family of Phylloxeridae that attacks winegrape plants (Vitus sp.). (e) “Winegrapes” means grapes produced that are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products thereof, including, but not limited to, high proof and brandy produced from winegrapes. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  95. 62031.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 8. Amendment and Termination of Stabilization and Marketing Plans [62031 - 62032] ( Article 8 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may amend or terminate a stabilization and marketing plan, but only after notice and public hearing and only if the director finds the plan no longer meets the chapter’s standards or purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 8. Amendment and Termination of Stabilization and Marketing Plans [62031 - 62032] ( Article 8 added by Stats. 1977, Ch. 1192. ) ## 62031. The director may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in Article 7 (commencing with Section 61991), if he or she finds that the plan is no longer in conformity with the standards which are prescribed in, or will not tend to effectuate the purposes of, this chapter. Any order under this article amending or terminating any stabilization and marketing plan shall be subject to Section 61996. (Amended by Stats. 1983, Ch. 101, Sec. 56.)
  96. 62032.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 8. Amendment and Termination of Stabilization and Marketing Plans [62031 - 62032] ( Article 8 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may hold a hearing on amending or ending a stabilization and marketing plan, and must hold one when a qualifying petition is received.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 8. Amendment and Termination of Stabilization and Marketing Plans [62031 - 62032] ( Article 8 added by Stats. 1977, Ch. 1192. ) ## 62032. A hearing on the amendment or termination of a stabilization and marketing plan may be held upon the motion of the director and shall be held upon receipt of a petition which is signed by producers, or by the board of directors of any nonprofit agricultural cooperative marketing association which is authorized by its members to so petition. Such petition shall represent not less than 55 percent of the total number of all producers and not less than 55 percent of the total production of all producers that are eligible to petition the director for the formulation of such a plan. (Added by Stats. 1977, Ch. 1192.)
  97. 62061.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Each stabilization and marketing plan must include rules that prohibit producers and handlers from engaging in the unlawful trade practices listed in Article 10.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62061. Each stabilization and marketing plan shall contain provisions for prohibiting producers and handlers from engaging in the unlawful trade practices applicable to them that are set forth in Article 10 (commencing with Section 62091) of this chapter. (Added by Stats. 1977, Ch. 1192.)
  98. 62062.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Each stabilization and marketing plan must provide for the director to set minimum milk prices, and the director must consider specified economic factors when doing so.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62062. Each stabilization and marketing plan shall contain provisions whereby the director establishes minimum prices to be paid by handlers to producers for market milk in the various classes. The director shall establish the prices by designating them in the plan, or by adopting methods or formulas in the plan whereby the prices can be determined, or any combination of the foregoing. If the director directly designates prices in the plan, the prices shall be in reasonable and sound economic relationship with the national value of manufactured milk products. If the director adopts methods or formulas in the plan for designation of prices, the methods or formulas shall be reasonably calculated to result in prices that are in a reasonable and sound economic relationship with the national value of manufactured milk products. In establishing the prices, the director shall take into consideration any relevant economic factors, including, but not limited to, the following: (a) The reasonableness and economic soundness of market milk prices for all classes, giving consideration to the combined income from those class prices, in relation to the cost of producing and marketing market milk for all purposes, including manufacturing purposes. In determining the costs, the director shall consider the cost of management and a reasonable return on necessary capital investment. (b) That prices established pursuant to this section shall insure an adequate and continuous supply, in relation to demand, of pure, fresh, wholesome market milk for all purposes, including manufacturing purposes, at prices to consumers which, when considered with relevant economic criteria, are fair and reasonable. (c) That prices, including the prices of components of milk, established by the director for the various classes of market milk bear a reasonable and sound economic relationship to each other. In establishing the prices, the director shall also take into consideration all the purposes, policies, and standards contained in Sections 61801, 61802, 61805, 61806, 61807, 62076, and 62077. (Amended by Stats. 1993, Ch. 1112, Sec. 2. Effective January 1, 1994.)
  99. 62062.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A class 1 price method or formula must produce a statewide weighted average minimum price level for milk that is reasonably related to class 1 milk prices in contiguous states.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62062.1. Any designation of a class 1 price by any method or formula that is used to develop class 1 prices paid to producers in the various marketing areas, shall provide, on a calendar year basis, a statewide weighted average minimum price level for a hundred weight of milk testing 3.5 fat and 8.7 solids not fat that is in reasonable relationship with minimum class 1 milk prices paid to producers in contiguous states. If the statewide weighted average class 1 prices paid to producers are not in a reasonable relationship with the class 1 prices paid to producers in contiguous states, the secretary shall immediately hold a hearing to consider adjustments to the class 1 prices. (Added by Stats. 1994, Ch. 601, Sec. 1. Effective January 1, 1995.)
  100. 62062.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Minimum prices under this chapter must be increased by any security charges imposed under Chapter 2.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62062.5. The minimum prices otherwise established pursuant to this chapter shall be increased by any security charges that are imposed pursuant to Chapter 2.5 (commencing with Section 62500). (Added by Stats. 1987, Ch. 156, Sec. 24. Effective July 10, 1987.)
  101. 62063.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Stabilization and marketing plans must include provisions for the director to set methods for minimum prices for market milk received within a marketing area.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62063. Subject to the provisions of Sections 62074 and 62075, each stabilization and marketing plan shall contain provisions whereby the director shall provide methods for the establishment of minimum prices for market milk received within a marketing area regardless of whether the milk is subsequently sold or distributed within or without the marketing area within the jurisdiction of this state, and may contain the provisions whether or not the market milk is subsequently sold or distributed outside the jurisdiction of this state. (Amended by Stats. 1983, Ch. 383, Sec. 4. Effective July 26, 1983.)
  102. 62064.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A stabilization and marketing plan must set price rules for market milk and, when area-of-usage pricing applies, ensure minimum payments to producers and handler payment rules.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62064. Each stabilization and marketing plan shall provide all of the following: (a) For the establishment of prices for market milk, whether or not such market milk is subsequently sold or distributed in another marketing area within this state where a stabilization and marketing plan is in effect. (b) That, if area of usage pricing is in effect, producers shall be paid not less than the minimum prices established for the marketing area wherein such market milk is ultimately sold or distributed. (c) That, if area of usage pricing is in effect and such market milk is subsequently sold or distributed in any place within the jurisdiction of this state where no stabilization and marketing plan is in effect, such market milk shall be paid by the handler to the producer at not less than the average of prices which are paid by handlers, whose plants are located within such area, to producers for market milk. If, however, no plants are located within such area, the price which shall be paid by the handler to the producer shall not be less than the average of prices which are paid by handlers to producers for market milk, at the plants in the nearest marketing areas adjacent to the area where such market milk is sold or distributed, as established by the stabilization and marketing plans in effect in such adjacent marketing areas. (Added by Stats. 1977, Ch. 1192.)
  103. 62065.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    An amendment to this article does not terminate or invalidate an existing stabilization and marketing plan, and each such plan must be brought into conformity with the amendment as soon as practicable.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62065. No amendment of this article terminates or invalidates any provision of any stabilization and marketing plan which has been established by the director prior to the effective date of such amendment. Each such plan shall, however, be brought into conformity with such amendment at the earliest practicable date after the effective date of such amendment. (Added by Stats. 1977, Ch. 1192.)
  104. 62066.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may set minimum prices for market milk paid by handlers to producers in a marketing area.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62066. Notwithstanding any other provision of this code to the contrary, the director, in establishing minimum prices to be paid by handlers to producers, for market milk in any marketing area, may establish, as the applicable minimum prices, those prices applicable within the marketing area of ultimate usage of such market milk, those prices applicable within the marketing area where the plant of first receipt of such market milk is located, those prices applicable in the marketing area where the producers place of production is located, or any of the above or any combination of the above. (Added by Stats. 1977, Ch. 1192.)
  105. 62067.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A stabilization and marketing plan may include provisions that require handlers to report specified milk information to each producer.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62067. Each stabilization and marketing plan may contain provisions which require handlers to report to each producer from whom market milk is secured all of the following: (a) The volume of market milk received from such producer in pounds of milk. (b) The milk fat, solids-not-fat, or other component tests of such milk. (c) The amount of market milk in pounds of milk fat, solids-not-fat or other components paid for in the several classes or pools. (d) The prices paid for the various classes for each month. (Added by Stats. 1977, Ch. 1192.)
  106. 62068.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A stabilization and marketing plan may allow handlers to pool market milk for producer payments, and if they do, the handler must allocate certain transportation savings among participating producers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62068. Each stabilization and marketing plan may contain provisions which authorize any handler that purchases market milk under contract from any producer to pool such market milk for producer payment purposes in accordance with such contracts, irrespective of whether such market milk is actually and physically received at the same milk products plant or diverted, in accordance with such plan. Such provisions may do any of the following: (a) Provide that market milk that is received from producers by milk products plants under the same ownership, may be pooled for purposes of payment to producers. (b) Provide that if a handler pools market milk, as provided in subdivision (a), the handler shall allocate, among all producers that participate in the class 1 usage, transportation savings which are applicable to market milk, not actually transported between the plant of first receipt and one or more other plants subject to the pool, and used for class 1, and may pay to producers shipping market milk directly to a plant subject to the pool a price for usage of such market milk for class 1, which price represents the average of minimum producer prices payable by that particular plant for such class 1 usage. (Added by Stats. 1977, Ch. 1192.)
  107. 62069.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may set minimum milk prices for handlers to pay producer-handlers when the milk is not used as class 1 milk.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62069. The director may establish minimum prices to be paid by handlers to producer-handlers for milk not used by the purchasing handler as class 1 milk. These provisions may provide that the milk, if used in classes other than class 1 by the purchasing handler, may be paid for at the minimum prices established by the director for this other usage but which shall not be less than the prices as found by the director to be paid by manufacturing milk plants in, or adjacent to, the area that use milk for similar purposes. The prices shall remain in effect only for the period during which, as determined by the director, there is a surplus of producer-handler milk. (Amended by Stats. 2006, Ch. 538, Sec. 208. Effective January 1, 2007.)
  108. 62070.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A stabilization and marketing plan may set maximum charges for plant processing and transportation services for market milk, and the director must base transportation-service charges on highway carrier rates.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62070. Each stabilization and marketing plan may further provide for maximum charges for plant processing and transportation service on the market milk or market milk components which are transported to the area where sold. The stabilization and marketing plan may enumerate the applicable maximum charges, and may establish individual charges for each function enumerated. In establishing any such maximum charges for such transportation services, the director shall base such maximum charges upon the rates which are charged for actual or reasonably similar services by highway carriers, as the term “highway carriers” is defined in Secton 3511 of the Public Utilities Code. (Added by Stats. 1977, Ch. 1192.)
  109. 62071.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A stabilization and marketing plan may set minimum charges for certain milk-handling services, and the director may instead set one or more minimum charges for separate handler services.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62071. Each stabilization and marketing plan may provide for minimum charges for the various services performed or rendered by a nonprofit cooperative association in respect to class 1 market milk sold or delivered to another handler. Handler services include component testing for payment purposes, quality control, producer payroll, weighing and sampling of bulk market milk. Each stablization and marketing plan may also include, but not be limited to, minimum charges for the handling of intermittent or irregular deliveries of market milk and plant standby services. The stabilization and marketing plan may enumerate applicable minimum charges and establish individual charges for each service enumerated or, in the alternative, the director may establish one or more minimum charges covering one or more of the separate handler services. (Added by Stats. 1977, Ch. 1192.)
  110. 62072.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    When setting minimum handler service charges under Section 62071, the director must consider all relevant factors.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62072. In establishing minimum handler service charges under Section 62071, the director shall take into consideration all relevant factors, including, but not limited to, the following: (a) The reasonably necessary costs of providing such services, including overhead, as determined by impartial cost surveys, examination of books and records, or both, of such portions of those handlers within the marketing area as are reasonably determined by the director to be sufficiently representative to indicate such costs of all reasonably efficient handlers within such marketing area. (b) The relationship of the establishment of such minimum charges to the achievement and maintenance of the orderly marketing of market milk and to the effectuation of the purposes of this chapter. (Added by Stats. 1977, Ch. 1192.)
  111. 62073.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may investigate hauling charges for market milk contracts, and must do so on written request from the producer or a producer association. If the charges do not comply with Section 62070, the director must set maximum hauling charges within Section 62070’s standards.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62073. If any contract between a handler and a producer for the purchase of any market milk provides that the charges for the hauling of it shall be paid, in whole or in part, by the producer, and such hauling is done by the handler either directly or through an agent or by any person that contracts with, or is designated by, such handler for such hauling, the director may, and upon the written request of the producer or the written request of any association representing the producer shall, investigate the rates, terms, and conditions which are involved in such hauling in order to determine whether such rates, terms and conditions are in compliance with Section 62070. If the director determines that such rates, terms, and conditions are not in compliance with Section 62070, he shall determine, within the standards which are prescribed in Section 62070, the maximum charges on account of such hauling that will comply with Section 62070 with respect to such purchase of market milk. (Added by Stats. 1977, Ch. 1192.)
  112. 62074.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If the director sets a stabilization and marketing plan for market milk, the director must set minimum prices for handlers to pay for specified milk products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62074. If the director establishes a stabilization and marketing plan for market milk, the director shall establish minimum prices to be paid by handlers for market cream, market skim milk, or milk fat, or market skim milk components of such market milk. (Added by Stats. 1977, Ch. 1192.)
  113. 62074.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A stabilization and marketing plan may include provisions needed to encourage the availability of market milk for uses where class 1 and class 2 milk is mandatory.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62074.5. A stabilization and marketing plan may contain provisions necessary to encourage the availability of market milk for those usages for which class 1 and class 2 milk is mandatory. (Added by Stats. 1985, Ch. 343, Sec. 1.)
  114. 62075.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must set minimum prices that handlers pay producers for class I market milk, and may set separate prices for other classes based on milk fat, solids-not-fat, fluid, or combinations of those components.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62075. The director shall establish the minimum prices to be paid by handlers to producers for class I usage of market milk upon a milk fat, solids-not-fat or the subcomponents thereof, and fluid carrier basis. In establishing the minimum prices for classes of market milk other than class I, separate prices may be established for any one or more of the following: (a) The milk fat contained in such milk. (b) The solids-not-fat or subcomponents thereof contained in such milk. (c) The fluid contained in such milk. (d) Any combination of the milk fat, the solids-not-fat or subcomponents thereof, or the fluid contained in such milk. (Added by Stats. 1977, Ch. 1192.)
  115. 62076.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    When setting prices for certain classes of market milk, the director must consider relevant economic factors.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62076. In establishing prices to be paid by handlers to producers for class 2, class 3, class 4a, or class 4b market milk, the director shall take into consideration any relevant economic factors, including, but not limited to, the following: (a) The relative market value of the various products yielded from such market milk. (b) The market price of other milk which may be used for the same purposes that are set forth in such respective classes. (c) The value of milk used for manufacturing purposes giving consideration to any relevant factors including, but not limited to, product prices, product yields, and manufacturing costs of class 4a or class 4b. (Amended by Stats. 1982, Ch. 132, Sec. 38. Effective March 25, 1982. Operative July 23, 1982, by Sec. 40 of Ch. 132.)
  116. 62077.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A handler must not pay a producer less than the applicable price for the market milk’s use, as determined under the director’s accounting procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62077. A handler shall not pay any producer less than the applicable price established for the usage to which the market milk, purchased from him is applied pursuant to accounting procedures established by the director. If the market milk is not applied to any purpose set forth in Article 5 (commencing with Section 61931), then a handler shall not pay any producer less than the lower of the prices established under the applicable stabilization and marketing plan for class 4a and class 4b usage. (Amended by Stats. 1982, Ch. 132, Sec. 39. Effective March 25, 1982. Operative July 23, 1982, by Sec. 40 of Ch. 132.)
  117. 62078.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Handlers who receive market milk within California must pay the minimum producer prices set under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62078. All handlers who receive market milk within this state shall be obligated to pay minimum producer prices established under this chapter regardless of the area of origin of such milk, whether inside or outside the jurisdiction of the State of California. (Added by Stats. 1977, Ch. 1192.)
  118. 62079.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    When a pooling plan applies, pool handlers must pool all market milk at the applicable minimum price. Handlers may also pay producers less for restricted use market milk than the amount credited under the pooling plan.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans [62061 - 62079] ( Article 9 added by Stats. 1977, Ch. 1192. ) ## 62079. Whenever a pooling plan is in effect as provided in Chapter 3 (commencing with Section 62700) and Chapter 3.5 (commencing with Section 62750) of this part, all market milk received by pool handlers shall be obligated to the pool at the applicable minimum price established in the Stabilization and Marketing Plans based on the classified usage of that milk. Handlers may pay producers for restricted use market milk at prices that are less than the amount credited to those handlers for restricted use market milk by the pooling plan. (Added by Stats. 1996, Ch. 759, Sec. 23. Effective January 1, 1997.)
  119. 62091.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This article applies its unlawful trade practice rules to every handler and to transactions between producers and handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. ) ## 62091. The unlawful trade practices described in this article apply to every handler whether or not a stabilization and marketing plan is in effect in the area in which the handler is licensed or carries on his business. This article applies to transactions conducted, either directly or indirectly, between producers and handlers. (Added by Stats. 1977, Ch. 1192.)
  120. 62092.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Any person must not pay, allow, or accept a secret rebate, secret refund, or unearned discount.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. ) ## 62092. The payment, allowance, or acceptance of any secret rebate, secret refund, or unearned discount by any person, whether in the form of money or otherwise, is an unlawful trade practice. (Added by Stats. 1977, Ch. 1192.)
  121. 62093.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    It is an unlawful trade practice to give milk, cream, dairy products, services, or any other article to secure or keep a customer’s market milk business, except when giving to a bona fide charity.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. ) ## 62093. The giving of any milk, cream, dairy product, service, or article of any kind, except to a bona fide charity, for the purpose of securing or retaining the market milk business of any customer is an unlawful trade practice. (Added by Stats. 1977, Ch. 1192.)
  122. 62094.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section makes it unlawful to give, offer, or promise money or other value to induce someone to become or stay the wholesale customer of a handler.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. ) ## 62094. The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value, directly or indirectly, or through any agent or other intermediary, to any person with the purpose or design of inducing such person to become or remain the wholesale customer of any handler is an unlawful trade practice. (Added by Stats. 1977, Ch. 1192.)
  123. 62095.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    It is an unlawful trade practice to give, offer, promise, or accept payments or gifts tied to market milk contracts, or to use them to push prices below the director’s minimum class usage prices.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 10. Unlawful Trade Practices [62091 - 62095] ( Article 10 added by Stats. 1977, Ch. 1192. ) ## 62095. The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value by any person, directly or indirectly or through any agent or other intermediary, to any handler or producer, or the acceptance by any handler or producer of the payment or gift or thing of value is an unlawful trade practice if it is for any of the following: (a) For the purpose of inducing a handler or producer to enter into a new contract, or to renew, extend, or modify an existing contract, for the purchase of market milk by a handler from a producer. (b) As a condition upon which a handler will enter into a new contract, or renew, extend, or modify an existing contract, for the purchase of market milk from a producer. (c) For the purpose of enabling a handler to pay to a producer, or a producer to receive from a handler, less than the minimum class usage prices established by the director to be paid by handlers to producers for market milk. (d) Nothing in this section prevents a handler from paying to a producer, or a producer from receiving from a handler, prices in excess of the minimum prices established by the director if these prices are paid to all producers supplying the handler under the same terms and conditions. (Amended by Stats. 1987, Ch. 156, Sec. 25. Effective July 10, 1987.)
  124. 621.

    ## 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 2. Department of Agriculture Building Fund [621 - 627] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Department of Agriculture Building Fund is kept in existence.

    ## 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 2. Department of Agriculture Building Fund [621 - 627] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 621. The Department of Agriculture Building Fund is continued in existence. (Enacted by Stats. 1967, Ch. 15.)
  125. 6210.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    District formation proceedings start with a petition signed by enough growers meeting one of two ownership-and-signature combinations, and the petition must be filed with the county board 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6210. Proceedings for the formation of a district within any county shall be commenced by a petition that is either of the following: (a) Signed by 50 percent or more of the growers who own 65 percent or more of the affected land. (b) Signed by 65 percent or more of the growers who own 50 percent or more of the affected land. The petition shall be addressed to, and filed with, the board of supervisors of the county. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  126. 6211.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    A petition may be filed in separate sections, and each section must meet petition requirements except that it does not have to include all required signatures.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6211. The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  127. 6212.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    A petitioner may withdraw a petition signature before the petition has been acted on by filing a signed declaration with the clerk of the board 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6212. Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed by the petitioner that states that it is the intention of the petitioner to withdraw his or her signature from the petition. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  128. 62121.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 11. Sales to the United States [62121- 62121.] ( Article 11 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may require bidders for certain U.S. government sales of market milk or class 1 milk products to file a copy of the bid and a certification at the same time the bid is submitted.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 11. Sales to the United States [62121- 62121.] ( Article 11 added by Stats. 1977, Ch. 1192. ) ## 62121. The director may require that each person that submits a bid for the sale to an agency of the United States government of market milk or any milk product which utilizes class 1 market milk shall file with the director, at the same time such bid is submitted, a complete copy of such bid and the following certification: “The undersigned certifies that in sales by the undersigned to agencies of the United States Government, pursuant to the attached bid, for market milk or milk products utilizing class 1 market milk, as such class 1 market milk is defined in Chapter 2 (commencing with Section 61801), Part 3, Division 21 of the Food and Agricultural Code, the undersigned is complying with all California statutes and regulations pertaining to the establishment and enforcement by the Director of Food and Agriculture of minimum prices to be paid producers for such class 1 market milk.” All bids and certifications filed pursuant to this section shall be confidential and shall not be divulged except when necessary for the proper determination of any court proceeding or hearing before the director. (Repealed and added by Stats. 1977, Ch. 1192.)
  129. 6213.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    A petition for a proposed district must state the district name and either give the boundaries or describe the lands to be included.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6213. (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient designation of the boundaries of a proposed district to recite that all the grape acreage in the county is to be included in the district, or that all the grape acreage in a designated area within the county is to be included in the district. (c) If either designation is used, the outside boundary of the area so designated is the boundary of the district, and the district shall include all area within the outside boundary. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  130. 6214.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    When a petition is filed, the board of supervisors must send it to the county agricultural commissioner, who must prepare a register of winegrape acreage owners, investigate, and report back.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6214. (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation of a register of owners of winegrape acreage within the proposed district, and for an investigation and report. (b) The agricultural commissioner shall create a register of all winegrape acreage owners within the proposed district describing the net acreage of land devoted to the growing of winegrapes by each grower. The commissioner shall file with the register a report and recommendation to the board of supervisors on whether conditions of the phylloxera or other pest or disease warrant the board of supervisors proceeding with the organization of the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  131. 62141.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Each handler must have the licenses required by this article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62141. The licenses provided for in this article are required for each handler. For the purposes of this article, each subsidiary milk plant or branch milk plant, whether under one ownership or not, shall be considered as an individual handler. (Added by Stats. 1977, Ch. 1192.)
  132. 62142.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    For this article, “handler” includes certain handlers and distributors who purchase or handle market milk or market cream for processing, manufacture, or sale.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62142. For the purposes of this article, “handler” shall include any person defined as a handler under Section 61826 or any person defined as a distributor under Section 61306 that purchases or handles market milk or market cream for processing, manufacture, or sale. (Added by Stats. 1977, Ch. 1192.)
  133. 62143.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Handlers must get a director’s license before dealing in market milk, and handlers who process or manufacture market milk or market cream must get a license for each milk plant they own or operate.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62143. No person who qualifies as a handler under Section 62142 shall deal in market milk without first obtaining a license from the director. In addition, any person qualifying as a handler who purchases or handles market milk or market cream for processing or manufacture shall obtain a license for each milk plant owned or operated. The license provided for in this article is in addition to any license which is required by Division 15 (commencing with Section 32501), or by any law or ordinance of any county or municipality of this state. Notwithstanding the provisions of Section 61832, “milk plant” as used in this article, means any place, structure, or building where a handler receives market milk and weighs, tests, standardizes, pasteurizes, homogenizes, separates, bottles or packages such milk. “Milk plant” does not include a place, structure, or building which is used for the purpose of receiving, weighing, or testing milk to be diverted or delivered to a licensed milk plant of the handler. (Amended by Stats. 1982, Ch. 751, Sec. 30.)
  134. 62144.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Applicants for this license must use the director’s forms, pay the required fee, provide their name and address, include any business details the director requires, and satisfy the director about their character, responsibility, and good faith.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62144. Applications for the license provided by this article shall be made on forms prescribed by the director, accompanied by a fee as prescribed in Section 62145, and state the name and address of the applicant and any details specifically related to the nature of the applicant’s business that the director may require. The applicant shall further satisfy the director of his or her character, responsibility, and good faith in seeking to carry on the business stated in the application. (Amended by Stats. 1987, Ch. 534, Sec. 4.)
  135. 62145.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    License renewals and new licenses have set terms and fees, and applications must be filed before milk handling or license expiration.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62145. One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for renewal of the 24-month license shall be twenty-five dollars ($25). The remaining valid license renewals shall be issued for a period of 12 months beginning January 1, 1988. The application fee for the renewal of the 12-month license shall be twelve dollars and fifty cents ($12.50). Beginning January 1, 1989, all renewals of licenses shall be issued for a 24-month period and shall be twenty-five dollars ($25). Except as otherwise provided, beginning January 1, 1988, every new license issued shall expire on the 31st day of December of the following year. Application for a new license or a renewal license, together with the appropriate application fee, shall be made prior to the handling of market milk or the expiration date of the license held. If it is not so made, the applicant shall pay an additional twenty-five dollars ($25) before the license shall be issued. (Repealed and added by Stats. 1987, Ch. 534, Sec. 6.)
  136. 62146.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may refuse to grant or renew a license if the applicant, or someone connected with the applicant, violated specified milk marketing laws or related plans and regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62146. The director may refuse to grant or renew any license if he or she is satisfied that any applicant, or any person connected with the applicant, either directly or indirectly, has violated any of the following: (a) This chapter or any stabilization and marketing plan or other regulation adopted under this chapter. (b) Chapter 1 (commencing with Section 61301). (c) Chapter 3 (commencing with Section 62700) or any pooling plan established thereunder. (Amended by Stats. 1987, Ch. 156, Sec. 32. Effective July 10, 1987.)
  137. 62147.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may refuse to grant or renew a handler’s license if the handler has not paid for market milk as required by the producer contract.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62147. The director may also refuse to grant or renew any license to a handler if he is satisfied that the handler has failed to pay for any market milk delivered to him at the time and in the manner specified in the contract with the producer. (Added by Stats. 1977, Ch. 1192.)
  138. 62148.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    License-refusal or renewal proceedings for the director must follow Government Code Chapter 5, and the director has all powers granted there.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62148. The proceedings to determine whether or not the director shall refuse to grant or renew a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and the director shall have all of the powers granted in such chapter. (Added by Stats. 1977, Ch. 1192.)
  139. 62149.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A decision may refuse to grant or renew the applied-for license, or impose conditional and probationary orders, to enforce the listed milk-marketing laws and plans.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62149. The decision may include an order refusing to grant or renew the license applied for, or affixing other conditional and probationary orders that may be proper for the enforcement of any of the following: (a) This chapter or any stabilization and marketing plan formulated pursuant to this chapter. (b) Chapter 1 (commencing with Section 61301). (c) Any regulation duly adopted by the director pursuant to Section 61891. (d) Chapter 3 (commencing with Section 62700) or any pooling plan established thereunder. (Amended by Stats. 1987, Ch. 156, Sec. 33. Effective July 10, 1987.)
  140. 6215.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board of supervisors must set a hearing time and place for the petition and direct the clerk to give notice.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6215. (a) The board of supervisors shall fix a time and place for the hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days, after the filing of the petition with the board of supervisors. (c) The board of supervisors shall order the clerk of the board of supervisors to give notice of the time and place fixed for the hearing upon the petition. (Amended by Stats. 2002, Ch. 221, Sec. 27. Effective January 1, 2003.)
  141. 62150.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If a license is issued or renewed with conditional or probationary orders, the director may suspend or revoke it if the licensee does not comply with those orders.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62150. After any decision in favor of the issuance or renewal of a license which includes any conditional or probationary orders, if the person to whom the license is issued does not comply with any such orders, the director may suspend or revoke the license in accordance with the procedure provided in Sections 62151, 62152, 62153, 62154, and 62155. (Added by Stats. 1977, Ch. 1192.)
  142. 62151.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may suspend or revoke a license issued under this chapter if satisfied that the licensee or a connected person violated specified provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62151. The director may revoke or suspend, as the case may require, any license which is issued pursuant to this chapter, if he or she is satisfied that any licensee or any person who is connected with the licensee has violated any of the following: (a) This chapter or any stabilization and marketing plan which is formulated pursuant to this chapter. (b) Any regulation which is adopted by the director pursuant to Section 61891. (c) Chapter 1 (commencing with Section 61301). (d) Chapter 3 (commencing with Section 62700) or any pooling plan adopted thereunder. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers which are granted in that chapter. (Amended by Stats. 1987, Ch. 156, Sec. 34. Effective July 10, 1987.)
  143. 62152.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may revoke or suspend a handler’s license if the director is satisfied the handler has not paid for delivered market milk as required by the contract with the producer.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62152. The director may also revoke or suspend any license of a handler if he is satisfied that the handler has not paid for any market milk delivered to him at the time and in the manner specified in the contract with the producer. (Repealed and added by Stats. 1977, Ch. 1192.)
  144. 62153.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A decision may revoke or suspend a license, or impose other conditional or probationary orders to enforce this chapter, related stabilization and marketing plans, or regulations adopted by the director under Section 61891.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62153. The decision may include an order revoking or suspending the license held by the licensee, or affixing such other conditional and probationary orders as may be proper for the enforcement of this chapter or any provision of any stabilization and marketing plan formulated pursuant to the provisions of this chapter or of any regulation adopted by the director pursuant to Section 61891. (Repealed and added by Stats. 1977, Ch. 1192.)
  145. 62154.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If the respondent fails to comply with conditional or probationary orders after a decision, the director may suspend or revoke the license under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62154. After any decision, which includes any conditional or probationary orders, if the respondent does not comply with any such orders, the director may suspend or revoke the license in accordance with the procedure which is provided in this article. (Repealed and added by Stats. 1977, Ch. 1192.)
  146. 62155.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may speed up the hearing process and issue an order to show cause to suspend or revoke a handler’s license in an emergency, but the hearing notice must be at least five days.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 12. Handlers’ Licenses [62141 - 62155] ( Article 12 added by Stats. 1977, Ch. 1192. ) ## 62155. Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any market milk purchased from any producer, and is further satisfied that to permit the handler to continue to purchase and receive any market milk from producers would be likely to cause serious and irreparable loss to producer-creditors and other producers, the director may thereupon and forthwith shorten the time for hearing that is provided for in Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and thereupon may issue an order to show cause why the license of such handler should not be forthwith suspended or revoked. The time of notice of the hearing shall not, however, be less than five days. At such hearing the handler that is proceeded against shall be ordered to show cause why the license should not be suspended or revoked, or continued under such conditions and provisions, if any, as the director may consider just and proper and for the protection of the best interests of the producer-creditors and producers from whom the handler has been and is receiving any market milk. Following such hearing, the decision of the director shall become effective at his discretion. The hearing, in the case of such emergency, may be called upon written notice which is served personally or by mail on the handler that is involved. It may be held at the nearest office of the director or at such place as may be most convenient in the discretion of the director for the attendance of all of the parties that are involved. (Repealed and added by Stats. 1977, Ch. 1192.)
  147. 6216.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The hearing notice must include specific information about the proposed winegrape pest and disease control district and the hearing process.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6216. The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the control of winegrape pests and diseases. (b) State the petition is available for inspection at the office of the clerk of the board of supervisors. (c) Designate the boundaries of the proposed district in substantially the same way that they are described in the petition. (d) State the time and place for the hearing. (e) State that at the hearing protests will be considered by the board of supervisors. (f) State that requests in writing for the exclusion of lands from, or the inclusion of lands in, the proposed district, will be heard and considered by the board of supervisors. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  148. 6217.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Notice of the hearing must be published in a newspaper of general circulation published and circulated in 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6217. Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  149. 6218.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The notice must be published once a week for two consecutive weeks before the hearing date.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6218. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  150. 62181.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Handlers must have the bonds required by this article for their milk purchases, and a handler bonded under this article does not need a separate bond under Section 61405.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62181. The bonds provided for in this article are required for each handler and apply to all purchases of milk by that handler. A handler bonded under this article is not required to be separately bonded under Section 61405. (Amended by Stats. 1987, Ch. 156, Sec. 36. Effective July 10, 1987.)
  151. 62182.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Handlers must file a surety bond with the secretary before buying market milk from a producer.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62182. (a) Every handler that operates only one plant within the state, before purchasing any market milk from a producer, shall execute and deliver to the secretary a surety bond, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The minimum amount of the bond shall be based upon the average daily quantity of market milk purchased by the handler during any calendar month during a calendar year. The minimum amount of the bond shall be as follows: (1) Five thousand dollars ($5,000) for any handler that purchases an average daily quantity of less than 1,000 gallons. (2) Ten thousand dollars ($10,000) for any handler that purchases an average daily quantity of at least 1,000 gallons but less than 4,000 gallons. (3) Fifteen thousand dollars ($15,000) for any handler that purchases an average daily quantity of at least 4,000 gallons but less than 8,000 gallons. (4) Twenty thousand dollars ($20,000) for any handler that purchases an average daily quantity of 8,000 gallons or more. (b) Every handler that operates more than one plant within the state, before purchasing any market milk from a producer, shall execute and deliver to the secretary a surety bond, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond shall be a single bond covering all plants within the state and shall be in an amount determined by multiplying twenty thousand dollars ($20,000) by the number of plants operated by the handler in the state. (c) Any milk purchase agreement between a handler and a producer may provide for additional surety bonds, guarantees, or other forms of security in addition to the bonding requirements in this article. (Amended by Stats. 2004, Ch. 70, Sec. 2. Effective January 1, 2005.)
  152. 62183.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    A handler who buys more market milk during the license year than the amount covered by the handler’s bond must promptly post an additional bond.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62183. If any handler so increases his purchases of market milk during the license year that such purchases exceed the amount for which the handler is bonded, such handler shall forthwith post such additional bond as may be required to comply with this article. (Repealed and added by Stats. 1977, Ch. 1192.)
  153. 62184.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Required market-milk bonds must use a form approved by the director and must secure payment of all amounts due to producers for market milk bought during the license year.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62184. The bonds required by Sections 62182 and 62183 shall be upon a form approved by the director, and shall be conditioned upon the payment in the manner that is required by this chapter, of all amounts due to producers for market milk purchased by such licensee or applicant during the license year. It shall be to the state in favor of every producer of market milk. (Repealed and added by Stats. 1977, Ch. 1192.)
  154. 62185.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    If a handler does not pay producers for market milk as required, the director must identify the unpaid producers and amounts owed, and ask those producers to file verified claims.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62185. If a handler fails to pay any producer or producers for market milk in the manner that is required by this chapter, the director shall proceed forthwith to ascertain the names and addresses of all the producers that the handler has failed to pay, together with the amounts due and owing to them and each of them by such handler, and shall request all such producers to file a verified statement of their respective claims with the director. The producer need only verify that he is owed an amount by the handler. The actual amount in such case may be ascertained by the director. (Repealed and added by Stats. 1977, Ch. 1192.)
  155. 62186.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    After the director determines producers’ claims, the director must bring an action on the bond for those producers. A producer who is unhappy with the director’s claim amount or claim ratio may intervene in that action.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62186. After determining the claims of such producers, the director shall bring an action on the bond on behalf of such producers. Any producer not satisfied with the amount of such producer’s claim as determined by the director, or with the ratio such producer’s claim bears to all claims against the bond as determined by the director, may intervene in such an action so that the correct amount of his claim and the ratio it bears to all the claims may be adjudicated. (Repealed and added by Stats. 1977, Ch. 1192.)
  156. 62186.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    The director may sue a surety bond company if it does not promptly and reasonably handle bond demands, claims, settlements, or payment of the bond amount.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62186.1. (a) The director may bring an action against a surety bond company if the company fails to do any of the following: (1) Acknowledge promptly and act reasonably upon receiving a bond demand from the director. (2) Promptly investigate and process claims. (3) Make fair and equitable settlement of claims. (4) Pay the bond amount to the director. (b) The authority provided in subdivision (a) is in addition to the authority provided for in subdivision (h) of Section 790.03 of the Insurance Code. (c) In addition to the bond proceeds, the surety bond company may be ordered to pay interest at the prevailing prime rate on the amounts owed from the date the claim was filed, all the department’s court costs, and reasonable attorney’s fees. (Amended by Stats. 1987, Ch. 1074, Sec. 15. Effective September 24, 1987.)
  157. 62187.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    If a handler does not pay producers as required, the director may require a new or additional bond. If the handler does not file the bond within 10 days after notice, the handler’s license may be suspended or revoked.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62187. If a handler fails to pay any producer in the manner that is required by this chapter, the director may require the filing of a new or additional bond in an amount determined by the director that will be sufficient to satisfy claims for the payment of producers thereafter supplying market milk to the handler. The failure of a handler to have filed a new bond within 10 days after notice from the director constitutes grounds for the revocation or suspension of the license of the handler. (Amended by Stats. 1987, Ch. 156, Sec. 39. Effective July 10, 1987.)
  158. 62188.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    If bond recovery is not enough to pay all finally determined claims, the recovered amount must be divided pro rata among producer-creditors.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62188. If recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, any such amount recovered shall be divided pro rata among the producer-creditors. (Repealed and added by Stats. 1977, Ch. 1192.)
  159. 62189.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Handlers that buy market milk from producers must execute and deliver the required bond, and may also have to post additional bonds.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62189. The failure of any handler that purchases market milk from producers to execute and deliver the bond as provided and required in this article is a violation of this chapter. The failure of any such handler to post any additional bond as may be required to comply with any provision of this chapter is also a violation of this chapter. (Added by Stats. 1977, Ch. 1192.)
  160. 6219.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    At the hearing, the county agricultural commissioner’s report must be received. Interested persons may make protests orally or in writing, but protests about procedural regularity or sufficiency must be written, must describe the defects, and must be filed with the board of supervisors’ clerk by the final hearing. The hearing may be continued, but not for more than 60 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6219. At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested in the formation of the proposed district. Any protest that pertains to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the clerk of the board of supervisors on or before the time fixed for the final hearing. The hearing may be continued from time to time, not to exceed 60 days. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  161. 62190.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Handler payments to a producer must be credited first to interest, then to unpaid principal, with principal applied starting from the most recent deliveries.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62190. Payments by a handler to a producer, for the purposes of any action on a handler’s bond or bonds for any year or years, shall be credited first to interest and then to principal due, owing, and unpaid. Amounts to be applied to principal shall be applied first to the amount due for the most recent deliveries and then successively, in descending order, to the amounts due to the next most recent deliveries. (Added by Stats. 1977, Ch. 1192.)
  162. 62191.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Buying more than 1,000 gallons of market milk per month is allowed only if there is a written contract that meets this section’s requirements, and the producer must file a signed copy with the director within five days of signing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62191. (a) Except as otherwise provided in Section 62193 or 62194, the purchase of any market milk in excess of 1,000 gallons monthly from any producer is an unlawful trade practice unless a written contract, which complies with all of the requirements which are prescribed by this section, has been entered into with the producer. (b) The contract shall include all of the following: (1) The amount of market milk which is to be purchased for any period. (2) The minimum quantity of the market milk which is to be paid for as class 1, if any is to be purchased for this purpose. The quantity shall be stated in pounds of market milk, pounds of market milk fat, or gallons of market milk, unless the price which is to be paid for the class 1 market milk is established separately for the market milk fat and market skim milk, in which case the quantity may, in the alternative, be stated in both pounds of market milk fat and pounds of market skim milk separately. The minimum quantity of market milk to be paid for as class 1 shall not be less than 70 percent of the total quantity provided in the contract to be purchased at a milk products plant, and not less than 60 percent of the total quantity of market milk fat, or the total quantity of market skim milk components, but not necessarily both, provided in the contract to be purchased at a country plant, as defined by the director in stabilization and marketing plans. (3) The price to be paid for all market milk received. (4) The date and method of payment for the market milk. Payment shall be made for the amount of the market milk delivered during the first 15 days of any calendar month not later than the first day of the next following month and for the amount delivered during the remainder of the month not later than the 15th day of the next following month unless the milk is subject to a pooling plan as authorized in Chapter 3 (commencing with Section 62700) and the pooling plan provides for different dates and methods of payment, in which case the date and method of payment for the milk shall be as provided for in the pooling plan. (5) The charges for transportation if hauled by the handler. (6) A provision that market milk received within the total quantity provided by the contract to be purchased for any period shall not be paid for at less than the minimum price for market milk used for class 2. (c) The contract may contain other provisions that are not in conflict with this chapter. A signed copy of the contract shall be filed by the producer with the director within five days from the date of its execution. (d) Paragraphs (2) and (6) of subdivision (b) shall not be applicable if an equalization pool, as provided pursuant to Chapter 3 (commencing with Section 62700), is in effect for the area in which the purchase of the market milk occurs. (Amended by Stats. 1991, Ch. 1101, Sec. 4.)
  163. 62192.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    A producer may voluntarily produce market milk above the amounts a contract requires to be purchased under Section 62191.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62192. The production of market milk in excess of amounts provided to be purchased under contracts executed pursuant to Section 62191 shall be voluntary on the part of the producer and shall not be a condition, oral or written, of execution or renewal of any of those contracts. (Added by Stats. 1987, Ch. 156, Sec. 41. Effective July 10, 1987.)
  164. 62193.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Section 62191 does not apply to certain emergency market milk purchases if quantity limits, recordkeeping, and minimum-price conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62193. Section 62191 does not apply to the purchase of market milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage in the supply of a handler if both of the following occur: (a) The quantity of market milk purchased from any one producer does not exceed 5,000 gallons in any one month. However, if the producer is a cooperative association acting as a producer, the total quantity purchased shall not exceed 30,000 gallons per month. (b) A complete record of all of these purchases is kept by the handler, and the price paid for the milk by the handler is not less than the price which is established in the applicable stabilization and marketing plan for the usage to which the milk is applied. For a single transaction between a producer and handler, payment shall be made for the amount of milk delivered during the first 15 days of any calendar month not later than the first day of the next following month and payment shall be made for the amount of milk delivered during the remainder of the month not later than the 15th day of the next following month, unless the milk is subject to a pooling plan as authorized in Chapter 3 (commencing with Section 62700) and the pooling plan provides for different dates and methods of payment, in which case the date and method of payment for the milk shall be as provided for in the pooling plan. (Amended by Stats. 1991, Ch. 1101, Sec. 5.)
  165. 62194.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Section 62191 does not apply to market milk purchased under cash-on-delivery terms.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62194. Section 62191 does not apply to market milk purchased under cash-on-delivery terms. (Added by Stats. 1987, Ch. 156, Sec. 43. Effective July 10, 1987.)
  166. 62195.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Handlers must not pay or accept a market-milk price below the director’s minimum price for the marketing area.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62195. The payment by a handler to any producer, including any nonprofit cooperative association acting as a producer, or the receipt from a handler by a producer, including any nonprofit cooperative association acting as a producer, of a lesser price for any market milk distributed to any person, including any agency of federal, state, or local government, for less than the minimum prices established by the director to be paid by handlers to producers for market milk for the marketing area is an unlawful trade practice. (Amended by Stats. 1987, Ch. 1074, Sec. 18. Effective September 24, 1987.)
  167. 62196.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    A handler must pay for market milk when and how the contract with the producer requires, unless Section 62079 applies.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62196. The failure of any handler to pay for market milk delivered to him or her at the time and in the manner specified in the contract with the producer is an unlawful trade practice, except as provided for in Section 62079. (Amended by Stats. 1996, Ch. 759, Sec. 24. Effective January 1, 1997.)
  168. 62197.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    This section applies to market milk regardless of the form it is received in and regardless of where it comes from.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62197. This article applies regardless of the form in which market milk is received by the handler and regardless of the area of origin of the market milk. (Added by Stats. 1987, Ch. 156, Sec. 46. Effective July 10, 1987.)
  169. 62198.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    A producer may void a producer-handler contract for 45 days after certain payment or compliance failures occur.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62198. Any contract between a producer and handler is voidable by the producer for a 45-day period following the occurrence of either of the following events: (a) The handler has failed to pay the producer the full price specified in the contract or has failed to comply with the terms specified in paragraph (4) of subdivision (b) of Section 62191, and the failure has not been corrected by the handler within one business day after notification by the producer or director. The 45-day period shall commence on the day after the payment was due. (b) The handler has failed on three separate occasions within a 12-month period to pay the producer the full price specified in the contract or has failed to comply with the terms specified in paragraph (4) of subdivision (b) of Section 62191. The 45-day period shall commence on the day after the third occurrence. (Amended by Stats. 1987, Ch. 1074, Sec. 19. Effective September 24, 1987.)
  170. 62199.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    If the director gives notice that future deliveries will not be covered by the trust fund, producers may void their contracts with the handler.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62199. If a notice has been issued by the director that the future deliveries to the handler will not be covered under the Milk Producers Security Trust Fund created pursuant to Chapter 2.5 (commencing with Section 62500), all contracts between producers and the handler are voidable by the producers. Producers shall have the option to void their contracts for a 45-day period from the date the notice is issued or until the date the director establishes for reinstatement of the handler’s eligibility under the trust fund, whichever is later. (Amended by Stats. 1987, Ch. 1074, Sec. 20. Effective September 24, 1987.)
  171. 622.

    ## 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 2. Department of Agriculture Building Fund [621 - 627] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Controller must transfer designated surplus department moneys to the Department of Agriculture Building Fund when the statutory conditions are met.

    ## 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 2. Department of Agriculture Building Fund [621 - 627] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 622. (a) When there are moneys appropriated to the department, excluding General Fund appropriations, that are not required to meet any demand that has accrued or may accrue against the moneys, the Controller, upon the order of the secretary, shall transfer the sum as may be designated by the secretary in the order to the Department of Agriculture Building Fund. (b) The Controller shall not transfer an amount pursuant to subdivision (a) that exceeds two hundred fifty thousand dollars ($250,000) unless the Director of Finance concurs in the transfer. (Amended by Stats. 2022, Ch. 198, Sec. 5. (SB 1499) Effective January 1, 2023.)
  172. 6220.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Winegrape acreage owners may ask the board of supervisors, in writing, to exclude land from a proposed district or include land outside 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6220. At the hearing, any owner of winegrape acreage in the proposed district may present to the board of supervisors a request, in writing, for the exclusion of that land or any part of that land from the proposed district upon a showing that the land or part of that land will not be benefited by the activities of the proposed district. Factors that the board of supervisors may consider in its determination to exclude shall include an affidavit from the landowner stating that the land has already been affected by phylloxera or other winegrape plant pests or diseases and the winegrape plants have been removed from the land, that more than 66 percent of the subject parcel is planted with non-vinifera-crossed rootstock, including, but not limited to, St. George, S04, 5C, or 5BB rootstock, or that the subject parcel does not have a pest or disease problem that can be controlled by the district. Any owner of winegrape acreage outside the proposed district may present to the board of supervisors a request in writing for inclusion of that land in the proposed district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  173. 62200.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    Handlers must pay producers by check or cash, and cash payments require a dated, signed receipt.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62200. (a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers by cash shall, in all cases, obtain a dated, signed receipt from each producer. The receipts shall be made a part of the permanent records of the handler. Handlers paying by check shall issue checks which are reduceable to cash by the producer in no more than one business day. (b) The giving of a promissory note is not payment within the meaning of this chapter. (Amended by Stats. 1987, Ch. 1074, Sec. 21. Effective September 24, 1987.)
  174. 62201.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    A handler who fails to pay for market milk on time must pay interest on the unpaid amount.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62201. (a) If a handler does not pay for market milk delivered to him or her at the time and in the manner specified in the contract, the handler shall pay the producer interest on the unpaid amount from the time the payment was due until paid at the rate of 12 percent per annum. This interest is in addition to any other penalties provided in this chapter. (b) If there is no contract for the delivery of milk to the handler or the delivery was made as a single transaction between the producer or handler, the handler shall pay the department interest on the unpaid amount from the time the payment was due until paid at the interest rate specified in subdivision (a). The interest is in addition to any other penalties provided in this chapter. (Amended by Stats. 1991, Ch. 1101, Sec. 6.)
  175. 62202.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. )

    Verify source ↗

    If a handler does not pay for market milk as required, the director may assess a penalty for each payment date producers are unpaid.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 13. Bonding and Payment for Market Milk [62181 - 62202] ( Heading of Article 13 amended by Stats. 1987, Ch. 156, Sec. 35. ) ## 62202. If a handler fails to pay for market milk delivered to him or her at the time and in the manner specified in this chapter, the director may assess a penalty for each payment date that producers were not fully paid. Any penalty assessed shall be a minimum of one hundred dollars ($100) for each payment date. If the amount not properly paid is in excess of forty thousand dollars ($40,000), the penalty assessed will be five thousand dollars ($5,000) or one-fourth of 1 percent of the amount not properly paid for, whichever is less. (Amended by Stats. 1987, Ch. 1074, Sec. 23. Effective September 24, 1987.)
  176. 6221.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    If a petition does not comply with the law, the board of supervisors may dismiss it without prejudice. A sufficiency finding is final against everyone except the state in a proceeding by the Attorney General within one 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6221. If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present a new petition covering the same matter. A finding by the board of supervisors in favor of the sufficiency of the petition and notice is final and conclusive against all persons except the state in a proceeding brought by the Attorney General within one year of the date of the making of the order establishing and describing the boundaries of the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  177. 62211.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 14. Administrative Fees [62211 - 62213] ( Article 14 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Handlers covered by a stabilization and marketing plan must deduct and pay specified market milk assessments and fees to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 14. Administrative Fees [62211 - 62213] ( Article 14 added by Stats. 1977, Ch. 1192. ) ## 62211. (a) (1) Every handler subject to the provisions of any stabilization and marketing plan, including a producer-handler, shall deduct as an assessment from payments made to producers for market milk, including the handler’s own production, the sum of one and six-tenths cents ($0.016) per hundredweight of market milk. (2) The amount of the assessments so deducted shall be paid to the secretary on or before the 45th day following the last day of the month during which such market milk was received. (b) (1) Every handler subject to the provisions of any stabilization and marketing plan that purchases or handles market milk from producers, including the handler’s own production, if any, shall pay a fee of eight-tenths of one cent ($0.008) per hundredweight of market milk. (2) The amount of such fee shall be paid to the secretary on or before the 45th day following the last day of the month in which that market milk was received. (c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter. (Amended by Stats. 2016, Ch. 260, Sec. 9. (AB 1894) Effective January 1, 2017.)
  178. 62212.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 14. Administrative Fees [62211 - 62213] ( Article 14 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may lower and adjust certain assessments and fees for market milk when lower rates would cover administration costs, but the assessments and fees must generally stay in a 2-to-1 ratio.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 14. Administrative Fees [62211 - 62213] ( Article 14 added by Stats. 1977, Ch. 1192. ) ## 62212. The director may fix the rates of assessments or fees required by Section 62211 at lesser amounts, and may adjust the rates of assessments or fees from time to time, whenever he or she finds that the cost of administering the provisions of this chapter, including any allocation of funds made pursuant to Section 38986, can be defrayed from revenues derived from the lower rates. However, the rate of assessments deducted from payments to producers for market milk, including the handler’s own production, and the rate of fees paid by handlers shall, at all times, be in the ratio of 2 to 1, except that this ratio need not be achieved during a six-month period following the transfer of any fund surplus pursuant to Section 62574. (Amended by Stats. 1990, Ch. 499, Sec. 1.)
  179. 62213.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 14. Administrative Fees [62211 - 62213] ( Article 14 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Assessments and fees covered by this article must be paid to the director by the date set in Section 62211.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 14. Administrative Fees [62211 - 62213] ( Article 14 added by Stats. 1977, Ch. 1192. ) ## 62213. Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom such assessment or fee or either of them is payable and shall be due and payable to the director upon the date set forth in Section 62211. If such person does not pay such assessment or fee or either of them upon the required date, the director may file a complaint against such person in a state court of competent jurisdiction for the collection of such assessment or fee or either of them. If any such person does not pay to the director the assessments or fees or either of them provided for in this article, on or before the date specified in Section 62211, the director may add to such unpaid assessments or fees or either of them an amount not exceeding 10 percent of such unpaid assessment or fees or either of them to defray the cost of enforcing the collection of such unpaid assessments or fees or either of them. (Repealed and added by Stats. 1977, Ch. 1192.)
  180. 6222.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    If the board of supervisors finds the project feasible and in the county winegrape growers’ interest, it must declare the district organized. The order must describe the district territory, and a certified copy must be filed with the county recorder.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6222. (a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board of supervisors shall, by order entered in its minutes, declare the district duly organized under the name designated in the petition for the formation of the district. (b) The order shall describe the territory included in the district and, if the board of supervisors does not exclude or include land pursuant to Section 6223, it is a sufficient description of the territory to describe the boundaries in substantially the same way as they are described in the petition. (c) A copy of the order duly certified by the clerk of the board of supervisors shall be filed for record in the office of the county recorder of the county in which the district is situated. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  181. 6223.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board of supervisors must exclude unbenefited winegrape acreage from the district, may include benefited lands if it is in the district’s interest, and must give notice and a hearing opportunity before including land without the owner’s application.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6210 - 6223] ( Article 2 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6223. (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape acreage that it finds will not be benefited by the proposed project, and it may include in the district any lands that it finds will be benefited if it also finds it will be in the interest of the district to include these lands. The inclusion may be upon application of the owner or, without the owner’s application, upon giving the owner notice of the proposed inclusion and an opportunity for a hearing on the inclusion. (b) Notice of inclusion shall be mailed, postage prepaid, by the clerk of the board of supervisors, to the address of the owner of the land as shown by the last equalized county assessment roll, and to any person that has filed with the clerk that person’s name and address and description of land in which he or she has either a legal or equitable interest. The notice shall describe the land proposed to be included, and shall state the time and place at which objections to the inclusion will be heard. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  182. 62241.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    All handlers must file monthly reports with the director, and the reports must be whatever the director requires to enforce the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. ) ## 62241. All handlers shall make and file with the director at least once each month such reports as the director may require to enable him to enforce the provisions of this chapter. (Repealed and added by Stats. 1977, Ch. 1192.)
  183. 62241.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Market milk handlers must give the director a list of current contracts within 60 days, then update the director monthly with terminated, new, and amended contracts not already reported. The director may fine a handler $100 for each required report not filed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. ) ## 62241.5. Within 60 days of the effective date of this section, each market milk handler shall provide the director with a list of the name, address, and date of every current contract between the handler and market milk producer. Monthly thereafter, the handler shall report to the director the same information on all terminated, new, and amended contracts which has not been previously reported. The director may assess a one hundred dollar ($100) penalty against any market milk handler who fails to file the required report for each report not filed. (Amended by Stats. 1987, Ch. 1074, Sec. 24. Effective September 24, 1987.)
  184. 62242.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Handlers that buy market milk must keep a correct record for three years and include specified details about the milk and its handling, sale, or storage.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. ) ## 62242. Every handler that purchases market milk shall make and keep for three years a correct record which shows in detail all of the following with reference to the handling, sale, or storage of the market milk: (a) The name and address of the seller. (b) The date the market milk was received. (c) The amount of market milk received. (d) The official tests of the market milk purchased. (e) The usage of the market milk. (f) Evidence of payment for the market milk purchased. (g) Other records that the director may require. (Amended by Stats. 1987, Ch. 156, Sec. 53. Effective July 10, 1987.)
  185. 62243.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Certain records, reports, and filed contracts covered by this section are confidential and must not be disclosed, except when disclosure is needed for a court proceeding or a hearing before the director.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 15. Reports and Statistics [62241 - 62243] ( Article 15 added by Stats. 1977, Ch. 1192. ) ## 62243. Any record or report made to the director pursuant to this article, or any contract required to be filed under this chapter, is confidential and shall not be divulged, except if necessary for the proper determination of any court proceedings or hearing before the director. (Amended by Stats. 1987, Ch. 156, Sec. 54. Effective July 10, 1987.)
  186. 623.

    ## 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 2. Department of Agriculture Building Fund [621 - 627] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Rentals collected under this chapter must be deposited in the Department of Agriculture Building Fund.

    ## 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 2. Department of Agriculture Building Fund [621 - 627] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 623. All rentals which are collected pursuant to this chapter shall be deposited in the Department of Agriculture Building Fund. (Enacted by Stats. 1967, Ch. 15.)
  187. 6230.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6230 - 6237] ( Article 3 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    After the district organization order is adopted, the board of supervisors must immediately appoint a five-member board of 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6230 - 6237] ( Article 3 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6230. Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the affairs of the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  188. 62301.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may appoint local or regional advisory boards if he thinks they are necessary or advisable, unless Section 62303 says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62301. Except as otherwise provided in Section 62303, the director may, if he deems such board necessary or advisable, appoint: (a) A local advisory board for any marketing area established as prescribed in this chapter to assist and advise him in matters which pertain to the production and marketing of market milk or to the operation of a stabilization and marketing plan. (b) A regional advisory board, if he deems such board necessary or advisable to represent several marketing areas adjacent to each other and wherein production conditions and costs are reasonably uniform. (Repealed and added by Stats. 1977, Ch. 1192.)
  189. 62302.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must appoint a local advisory board or a regional advisory board when the required producer-request conditions are met, unless Section 62303 provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62302. Except as otherwise provided in Section 62303, the director shall appoint: (a) A local advisory board, if a majority of the producers individually, or through any nonprofit agricultural cooperative marketing association which is authorized by its members to so petition, request the establishment of such board. (b) A regional advisory board, if in each marketing area which is involved a majority of producers that supply such marketing areas individually, or through any nonprofit agricultural cooperative marketing association which is authorized by its members to so petition, requests that such a board be established. (Repealed and added by Stats. 1977, Ch. 1192.)
  190. 62303.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must not establish a local or regional advisory board if the relevant assessments or fees are insufficient to cover its costs, and a regional advisory board cannot include a marketing area that was under a local advisory board on September 7, 1955, unless producers request it through petition or public hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62303. The director shall not establish any local or regional advisory board pursuant to this article if he finds that the assessments or fees which are collected pursuant to Article 14 (commencing with Section 62211) of this chapter from the marketing area are insufficient to cover the costs of such local or regional advisory board. No regional advisory board shall be set up to include any marketing area which on September 7, 1955, was operating under a local advisory board, unless by petition as provided for in this article or through public hearing, producers of such marketing area request that they be represented by a regional advisory board. (Repealed and added by Stats. 1977, Ch. 1192.)
  191. 62304.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    If the director receives a qualified petition for a local advisory board, the director may investigate creating a regional advisory board and may hold public hearings to assess producer support.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62304. If the director receives a qualified petition for a local advisory board, he may investigate the possibility of establishing a regional advisory board covering the marketing area from which the petition was received and the adjacent marketing areas, by holding one or more public hearings for the purpose of establishing whether or not a majority of producers supplying the marketing areas proposed to be included in such region desire such regional advisory board. (Repealed and added by Stats. 1977, Ch. 1192.)
  192. 62305.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    This section sets the membership rules for local and regional advisory boards and lets the director appoint a public member.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62305. A local advisory board established pursuant to this article shall consist of seven members who shall be producers that supply market milk to the particular marketing area. A regional advisory board may consist of any number of members who are producers that supply market milk to any of the marketing areas in the region, but shall consist of not less than one member from each such marketing area in the region. The director may appoint one additional member on each such board who shall be a public member. Upon the director’s request, each board 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 board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board 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 board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of each 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. 1978, Ch. 188.)
  193. 62306.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Each member of a regional or local advisory board serves a two-year term.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62306. The term of office of each member of a regional advisory board or a local advisory board shall be two years. (Repealed and added by Stats. 1977, Ch. 1192.)
  194. 62307.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may remove a member of a local or regional advisory board after a hearing if the member is found guilty of nonfeasance or malfeasance in office.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62307. The director may remove any member from a local or a regional advisory board if he finds, after a hearing, that such member is guilty of nonfeasance or malfeasance in office. (Repealed and added by Stats. 1977, Ch. 1192.)
  195. 62308.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may appoint a member to fill a vacancy on a local or regional advisory board.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62308. The director may appoint a member to fill any vacancy on a local or a regional advisory board. (Repealed and added by Stats. 1977, Ch. 1192.)
  196. 62309.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Regional and local advisory boards may meet monthly, and members are entitled to $20 per diem plus mileage reimbursement at $0.15 per mile for covered meetings.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62309. Each regional advisory board and each local advisory board may meet in regular session each month, and each member shall be allowed twenty dollars ($20) per diem and mileage at the rate of fifteen cents ($0.15) per mile for attending such regular meetings, and any other meeting or conference which is called or authorized by the director within or outside of the boundaries of this state. (Repealed and added by Stats. 1977, Ch. 1192.)
  197. 6231.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6230 - 6237] ( Article 3 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    A person may be eligible to serve as a district director only if they are a U.S. citizen, a California citizen, and own land in the district used in whole or part to grow the district’s product.

    ## 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 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6230 - 6237] ( Article 3 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6231. In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands included in the district that are devoted, in whole or in part, to the growing of the product for which the district is established. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  198. 62310.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Regional or local advisory boards may hire necessary staff only with the director’s prior approval, must adopt regulations, must submit budgets to the director, and generally may not incur expenses beyond per diem and mileage unless approved by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62310. Any regional or local advisory board may, with the previous approval of the director, employ such personnel as may be necessary in the performance of its duties and shall adopt regulations for its conduct. Each such board shall submit a budget of its expenses to the director for his approval. The funds to be used for the maintenance of each such board shall be paid from the proceeds of assessments and licenses which are paid to the director under the plan of any area which is represented upon verified claims that are presented by the board to the director. A regional or local advisory board shall not incur any expenses except those for per diem and mileage, unless the expenses are approved by the director. (Repealed and added by Stats. 1977, Ch. 1192.)
  199. 62311.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Local and regional advisory boards must review producer-cost methods with the director and help select production levels needed to meet Section 62062 requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62311. Regional and local advisory boards shall review with the director the methods which are to be used in determining producer costs, and aid the director in the selection of the level of production which is necessary to meet the requirements of Section 62062 with respect to producer price minimums. (Repealed and added by Stats. 1977, Ch. 1192.)
  200. 62312.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director must from time to time call together representatives of regional and local advisory boards, and may designate them as the statewide committee of producer advisory boards.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 17. Local and Regional Producer Advisory Boards [62301 - 62313] ( Article 17 added by Stats. 1977, Ch. 1192. ) ## 62312. For purposes of developing uniformity of administration as between marketing areas in which producer advisory boards have been appointed, the director shall call together representatives of regional and local advisory boards from time to time to advise him as to the relationships in producer costs among the marketing areas, and may designate such representatives as the statewide committee of producer advisory boards. (Repealed and added by Stats. 1977, Ch. 1192.)

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