Food and Agricultural Code — Part 30 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 30 of 48 · provisions 5,801–6,000

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

Jurisdiction
United States — California
Instrument
Code
Citation
FAC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
Agricultural commissions Agricultural marketing Agricultural product transport Appointments Bee management Board membership terms California Forest Products Commission California cherries Carcasses and hides Claims processing Consumer definition Corporate governance County agricultural administration Dairy products Deadlines Definitions Distribution to peddlers District funds and assessments Documentation EBT acceptance systems Egg products Eggs and egg products Enforcement Fees +7,276 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 62313.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 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 Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192.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 section declares that market milk producers appointed to regional advisory boards are meant to represent a particular agricultural industry and serve the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 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. ) ## 62313. It is hereby declared, as a matter of legislative determination, that producers of market milk appointed to the regional advisory boards pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such advisory boards, the particular industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Repealed and added by Stats. 1977, Ch. 1192.)
  2. 6232.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 ↗

    Each director must, upon appointment, subscribe the oath of office and file it with the county clerk.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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. ) ## 6232. Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  3. 6233.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 ↗

    This section says the district is organized once the recorded order and first board are in place, operates for five years, and then ends unless reauthorized and approved by 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 3. Organization of Districts [6230 - 6237] ( Article 3 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6233. (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of its first board of directors, the organization of the district is complete. The district shall operate for a period of five years from the date of its organization, and shall cease to exist after five years unless the district is reauthorized and approved by the board of supervisors. (b) The board of directors shall hold a public hearing six months prior to termination of its initial organization or last reauthorization to determine whether the conditions of the phylloxera or other pest or disease determined pursuant to Section 6214 warrant the reauthorization of the district for an additional five years. The notice of hearing shall state the name of the district and that consideration is being given to reauthorizing the district for an additional five years, the boundaries of the district, and the time and place for the hearing. Notice of the hearing shall be given as provided in Sections 6217 and 6218. The board of directors shall submit the record of the hearing and its recommendation to the board of supervisors within 90 days of the hearing. The board of supervisors shall approve or reject the recommendation; if it rejects the recommendation, the board of supervisors shall return the report accompanied by its reasons for the rejection to the board of directors within 30 days of receipt. The board of directors may thereafter address the reasons for rejection by the board of supervisors and submit an amended report and new recommendations for reauthorization for approval or rejection by the board of supervisors, unless the district has ceased to exist pursuant to subdivision (a). (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  4. 6234.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 a district is organized, the directors must meet as a board and choose a chairperson, vice chairperson, and secretary. The chairperson, vice chairperson, and secretary each have specified meeting, signing, recordkeeping, and reporting duties.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 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. ) ## 6234. (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and secretary from among their own number. (b) The chairperson shall call and preside at all meetings of the board, sign all warrants drawn on the county treasurer, and all contracts and other documents, and the minutes of all meetings at which the chairperson is present. In case of the chairperson’s absence from a meeting, the vice chairperson shall act as chairperson pro tempore. The vice chairperson may sign warrants in place of the chairperson if the chairperson is absent from a meeting or unavailable. The secretary shall give notice of and keep the minutes of all meetings and prepare and have custody of all records and papers, and have custody of the seal of the district. The secretary shall attest all warrants drawn on the county treasury, all contracts and other documents, and shall sign the minutes of all meetings at which he or she is present. The secretary shall prepare the annual reports and any other reports required by the board and shall prepare all notices and all calls for bids. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  5. 6235.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 ↗

    Board members serve one-year terms, unless the board of supervisors sets a longer term, and they stay in office until successors are appointed and qualified.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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. ) ## 6235. The members of the board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment and qualification of their successors. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  6. 6236.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 ↗

    The board of supervisors must appoint a successor when a board member’s term expires, and it must fill vacancies for the rest of the unexpired term.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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. ) ## 6236. Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of supervisors for the unexpired term. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  7. 6237.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 ↗

    Board members may not receive compensation for their services, but they may be reimbursed for actual and necessary expenses if the board approves the claims.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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. ) ## 6237. The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for those expenses have been approved by the board. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  8. 624.

    ## 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 ↗

    Money in the Department of Agriculture Building Fund may be used, after legislative appropriation in the annual Budget Act, to carry out the chapter.

    ## 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. ) ## 624. The moneys in the Department of Agriculture Building Fund are available, upon appropriation by the Legislature in the annual Budget Act, to carry out this chapter, including the costs of improvements, modifications, maintenance, repairs, and other reasonable and necessary expenses of the property and the buildings or improvements under the control of the department. (Amended by Stats. 2022, Ch. 198, Sec. 6. (SB 1499) Effective January 1, 2023.)
  9. 6240.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The district has several powers, including suing, owning property, levying assessments, making contracts, inspecting land, and taking other actions needed to carry out its purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6240. The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (b) Adopt a seal and alter it at pleasure. (c) Take by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, and lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers. (d) Cause assessments to be levied, as provided in Article 5 (commencing with Section 6250), to pay any obligation of the district and to accomplish the purposes of the district in the manner provided in this chapter. (e) Make contracts, and employ, except as otherwise provided in this chapter, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, and at any salary, wage, or other compensation as the board of directors shall determine. (f) Respond to the effects of, the spread of phylloxera and other winegrape plant pests and diseases and collect and disseminate to winegrape growers in the district all relevant information and scientific studies concerning the pest or pests or diseases, as well as to chart and determine the extent and location of any infestations. (g) With reasonable advance notice in writing to the landowner, as determined by the district, enter into or upon any land included within the boundaries of the district for the purpose of inspecting the winegrape plants and any other host plants and fruit growing on them. (h) Perform any and all acts, either within or outside the district, necessary or proper to fully and completely carry out the purposes for which the district is organized. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  10. 62401.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 18. Actions and Penalties [62401 - 62403] ( Article 18 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    Violating this chapter, a stabilization and marketing plan, or a regulation under the 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 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 18. Actions and Penalties [62401 - 62403] ( Article 18 added by Stats. 1977, Ch. 1192. ) ## 62401. The violation of any provision of this chapter, or of any provision of any stabilization and marketing plan, or of any regulation adopted under this chapter, is a misdemeanor which is punishable by a fine of 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. (Added by Stats. 1977, Ch. 1192.)
  11. 62402.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 18. Actions and Penalties [62401 - 62403] ( Article 18 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    A person who violates this chapter, a stabilization and marketing plan, or a related regulation is subject to civil penalties of $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 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 18. Actions and Penalties [62401 - 62403] ( Article 18 added by Stats. 1977, Ch. 1192. ) ## 62402. Any person who violates this chapter, any provision of any stabilization and marketing plan, or any regulation adopted under this chapter, is liable civilly in an amount not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000) for each and every violation. That penalty is 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. 2.)
  12. 62403.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Stabilization and Marketing of Market Milk [61801 - 62403] ( Chapter 2 repealed and added by Stats. 1977, Ch. 1192. ) ## ARTICLE 18. Actions and Penalties [62401 - 62403] ( Article 18 added by Stats. 1977, Ch. 1192. )

    Verify source ↗

    The director may ask a superior court to stop actual or threatened violations of this chapter, a stabilization and marketing plan, or a regulation 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 18. Actions and Penalties [62401 - 62403] ( Article 18 added by Stats. 1977, Ch. 1192. ) ## 62403. The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter, any provision of any stabilization and marketing plan, or any regulation adopted under 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, orders, or regulations, 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. (Added by Stats. 1977, Ch. 1192.)
  13. 6241.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Districts formed under this chapter have the powers listed in Section 6240 and other provisions of the chapter, even if the formation petition or related proceedings try to limit those powers.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6241. Every district formed pursuant to this chapter has all of the powers prescribed by Section 6240 and other provisions of this chapter, regardless of any language in the petition for formation for any district or in any of the proceedings leading to the formation that would otherwise limit the power of the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  14. 6242.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    On the board’s request, the county agricultural commissioner must help the district as much as possible with phylloxera and other winegrape pest or disease control work.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6242. The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent possible in all activities undertaken by the district for the control of phylloxera or other winegrape plant pests or diseases. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  15. 6243.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board must make a plan and adopt a budget after appointment and a public hearing; owners of included winegrape acreage may protest the budget at the hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6243. The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal year. At a public hearing on the plan and the budget, any owner of winegrape acreage included in the district may make written or oral protest against the budget or any item in it. The plan and the budget, as thereafter approved by the board, shall be the plan and the budget of the district for the forthcoming fiscal year. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  16. 6244.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The district budget for its first fiscal year may include up to 20% extra for preliminary expenses before that fiscal year begins.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6244. There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the budget to cover the preliminary expenses of the district, including, but not limited to, the costs of formation, before the beginning of the first fiscal year. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  17. 6245.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board must adopt the district’s final budget for each fiscal year after the first year of operation, using the same manner and timing as the first-year budget.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6245. For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget therefor in the same manner and at the same time that the budget for the first fiscal year was adopted. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  18. 6246.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board of supervisors may charge the district for county expenses tied to forming the district, and the district must reimburse the county from assessments for those expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 4. Powers and Duties of the District [6240 - 6246] ( Article 4 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6246. The board of supervisors may charge the district for any expenses incurred by the county in connection with the proceedings for the formation of the district, and the district shall reimburse the county from assessments levied for those expenses. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  19. 6250.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The county assessor must identify any parcel of real property with one acre or more of winegrape plants when making the annual assessment each year after the district is organized.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6250. The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall identify any parcel of real property with one acre or more of winegrape plants. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  20. 62500.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Milk production and distribution are declared a business affected with a public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62500. The production and distribution of milk, and the components thereof, is hereby declared to be a business affected with a public interest. This chapter is 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. (Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
  21. 62501.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The section declares the dairy industry important and states that producers should be protected with a payment-security system.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62501. It is hereby declared that the dairy industry is a paramount agricultural industry of the state, and the normal processes of producing and marketing milk are enterprises of vast economic importance to the state and of vital importance to the consuming public which should be safeguarded and protected in the public interest. The Legislature finds that the marketing of milk requires producers to receive prompt payment. It is the policy of this state to protect producers against loss of payment for bulk milk. The public interest requires the establishment of a system to provide payment security for producers. (Amended by Stats. 1987, Ch. 1074, Sec. 25. Effective September 24, 1987.)
  22. 62503.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    This chapter should be read broadly, and if one part is invalid, the rest still remains in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62503. This chapter shall be liberally construed. If any article, section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the validity of the remaining provisions of this chapter or the application of this chapter to any other person or under any other circumstances. The Legislature hereby declares that it would have enacted each article, section, subdivision, sentence, clause, or phrase of this chapter regardless of the fact that one or more other articles, sections, subdivisions, sentences, clauses, or phrases are declared unconstitutional or invalid. (Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
  23. 62505.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Producers are allowed to bring actions against handlers in a court of competent jurisdiction, and this chapter does not block those suits.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62505. This chapter does not preclude any producer from bringing any action against any handler in any court of competent jurisdiction. (Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
  24. 62506.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    This section creates the Milk Producers Security Trust Fund to carry out 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62506. In order to effectuate the purposes of this chapter, the Milk Producers Security Trust Fund is hereby created. (Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
  25. 62507.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The section says board appointees who are producers and handlers are meant to represent the relevant agricultural industry and further its interests, and that this counts as serving the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62507. It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the Milk Producers Security Trust Fund Board are intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
  26. 62508.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    This section says the chapter may be cited as the Norman S. Waters-Ruben S. Ayala Milk Producers’ Security Act of 1987.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 1. Legislative Declaration [62500 - 62508] ( Article 1 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62508. This chapter shall be known and may be cited as the Norman S. Waters-Ruben S. Ayala Milk Producers’ Security Act of 1987. (Added by Stats. 1987, Ch. 1074, Sec. 27. Effective September 24, 1987.)
  27. 6251.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Winegrape acreage in the district that qualifies as winegrape acreage is subject to assessment under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6251. Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape acreage, the acreage is subject to assessment as provided in this article. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  28. 6252.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    An owner of winegrape acreage may ask the board to exclude land from the district, and the board must investigate and, if the land will not benefit from district activities, exclude it and promptly certify that decision.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6252. (a) After the district has been formed, an owner of winegrape acreage in the district may present to the board a request in writing for the exclusion of that land or any part of the land from the district upon a showing that the land or part of the land will not be benefited by the activities of the district. Factors that the board may consider in its determination for exclusion shall include an affidavit from the owner that the land has already been affected by phylloxera or other winegrape plant pests and the winegrape plants have been removed from the land, 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. (b) After receipt of the request, the board shall cause an investigation of the parcel of land to be made and, if the board determines that the land or part of the land will not be benefited by the activities of the district, the board shall exclude the winegrape acreage from the district and immediately certify this fact to the county assessor and the county auditor or tax collector. (c) Any owner of winegrape acreage outside of, or otherwise not included in, the district may present to the board a request in writing for inclusion of the land in the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  29. 62521.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 2. Definitions [62521- 62521.] ( Article 2 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    This section defines key terms for the Milk Producers Security Trust Fund chapter and sets rules for acceptable security instruments.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 2. Definitions [62521- 62521.] ( Article 2 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62521. For purposes of this chapter, the following terms have the following meanings: (a) (1) “Acceptable security” means a surety bond from an admitted insurer, deposits of government securities, a letter of credit, or other form of performance guarantee acceptable to the secretary and meeting the requirements as acceptable security pursuant to law. Any instrument used as acceptable security shall contain provisions the secretary may prescribe, shall have an effective life of no less than two years, shall name the secretary as the beneficiary of the instrument, shall be clean and irrevocable if the security is a letter of credit, shall provide that the secretary may draw upon it up to the total amount in the event of the handler’s payment default, and, except as otherwise provided in paragraph (3), shall be verified to the secretary as being in effect and complying with the provisions of this chapter at the end of every six-month interval following the date on which a handler originally posts the instrument. Except as provided in paragraphs (2) and (3), acceptable securities provided to the secretary shall not be released by the secretary unless the handler’s average monthly purchases, as determined annually by the secretary, fall below thirty million dollars ($30,000,000) or the fund cash, whichever is higher. Any interest accrued by the instrument shall be the property, and for the benefit, of the handler posting the instrument. (2) Subject to the provisions of this chapter, a handler who has posted an acceptable security shall have the right to replace that instrument with a new acceptable security meeting the requirements of this chapter at the end of every six-month interval following the date on which the handler originally posted the instrument. The secretary shall release the issuer of any acceptable security from all past, present, or future obligations secured by the acceptable security upon the secretary’s acceptance of replacement security meeting the requirements of this chapter and the secretary shall then provide written confirmation to the issuer of the original acceptable security that an acceptable replacement security had been provided. (3) Upon receipt of an affidavit confirming that the amount paid under an acceptable security posted pursuant to this chapter was equal to the total amount of that instrument, the secretary shall release the issuer of that acceptable security from all past, present, and future liability. Upon receipt of an affidavit confirming any other amount paid by an issuer under an acceptable security posted pursuant to this chapter, the secretary shall release the issuer of that security to the extent of the issuer’s payment. (b) “Board” means the Milk Producers Security Trust Fund Board. (c) “Eligible milk” means milk, whether pooled or nonpooled, that meets both of the following criteria for coverage by the fund, regardless of whether the milk meets other criteria necessary for coverage: (1) The criterion in paragraph (3) of subdivision (a) of Section 62580, relating to milk being produced and delivered within the state. (2) The criterion in paragraph (7) of subdivision (a) of Section 62580, relating to a producer not having a beneficial ownership interest in the handler to whom shipments are made. (d) (1) “Federal Milk Marketing Order” means the Federal Milk Marketing Order established by the final rule, effective October 17, 2018, published by the United States Department of Agriculture in Volume 83 of the Federal Register, beginning on page 26547, on Friday, June 8, 2018. (2) References in this chapter to a section of the Federal Milk Marketing Order are references to that section of Part 1051 (commencing with Section 1051.1) of Title 7 of the Code of Federal Regulations. (e) “Fund” means the Milk Producers Security Trust Fund created pursuant to Section 62506. (f) “Fund cash” means the combined value of the security charges collected pursuant to Section 62560 and 62561, any amounts paid under a security posted pursuant to this chapter, amounts reimbursed to the fund, including any accrued interest collected and authorized by law to be deposited in the fund with that reimbursement, penalties collected and authorized by law to be deposited in the fund, and any increments received pursuant to Section 62573. (g) (1) Except as provided in paragraph (2), “fund surplus” means the portion of fund cash at any particular time that consists of increments received by the fund pursuant to Section 62573. (2) If payment of producer claims pursuant to Article 7 (commencing with Section 62620) reduces the fund cash to thirty million dollars ($30,000,000), “fund surplus” shall thereafter mean the amount by which the fund cash exceeds thirty million dollars ($30,000,000). (h) “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 milk in unprocessed or bulk form from a producer or a producer-handler for the purpose of manufacturing, processing, selling, or other handling. It includes nonprofit cooperative associations that, either directly or indirectly, receive, purchase, or otherwise acquire ownership, possession, or control of milk from other handlers or producers who are nonmembers of the nonprofit cooperative association. (i) “Milk” means bulk whole milk, bulk reduced-fat milk, bulk lowfat milk, bulk skim milk, bulk condensed skim, and bulk cream, and any other combination of these products that have not had nondairy ingredients added. It does not include milk that has been packaged in bottles, cartons, dispenser cans, or other consumer packages. (j) “Nonpooled milk” means milk that is not subject to the pricing and pooling provisions of the Federal Milk Marketing Order. (k) “Nonprofit cooperative association” means a nonprofit cooperative association, as defined in Section 1051.18 of the Federal Milk Marketing Order, of producers, as defined in Section 1051.12 of the Federal Milk Marketing Order, that is organized and existing under Chapter 1 (commencing with Section 54001) of Division 20. (l) “Producer” means any person who produces milk from five or more cows whose bulk milk is received, acquired, or handled by a handler. It includes a nonprofit cooperative association in the sale of milk of its member producers to other handlers. (m) “Statistical uniform price” means the Producer Price Differential (PPD), adjusted by the location of the plant of first receipt, added to the announced class III price at the standard component tests. (Amended by Stats. 2019, Ch. 304, Sec. 12. (AB 590) Effective January 1, 2020.)
  30. 6253.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    This section requires the board to file an annual district budget and lets the board of supervisors levy a winegrape pest and disease control assessment, subject to notice and hearing requirements and a $5 per planted acre cap.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6253. (a) The board shall, on or before the first Monday in April of each year, file with the board of supervisors a budget that sets forth all estimated expenditures of the district for the fiscal year commencing on the first day of July. A copy of the budget shall also, at the same time, be filed with the auditor of the county. (b) The board of supervisors may, by ordinance or by resolution, adopted after notice and hearing, determine and levy an assessment for winegrape pest and disease control activities for any of the following purposes: (1) Responding to, managing, and controlling the effects of the spread of the phylloxera pest and other pests that attack winegrape plants. (2) Collecting and disseminating to winegrape producers in the district all relevant information and scientific studies concerning the pest or pests. (3) Charting and determining the extent and location of any infestations. (c) The annual assessment shall not exceed five dollars ($5) per planted acre. (d) The board of supervisors shall cause to be prepared and filed with the clerk of the board of supervisors a written report that contains all of the following information: (1) A description of each parcel of property proposed to be subject to the assessment. (2) The amount of the assessment of each parcel for the initial fiscal year. (3) The maximum amount of the assessment that may be levied for each parcel during any fiscal year. (4) The duration of the assessment. (5) The basis of the assessment. (6) The schedule of the assessment. (7) A description specifying the requirements for written and oral protests, and the protest threshold necessary for requiring abandonment of the proposed assessment pursuant to subdivision (f). (e) (1) The board may establish zones or areas of benefit within the district, and may restrict the imposition of assessments to areas lying within one or more of the zones or areas of benefit established within the district. (2) The assessment shall be levied on each parcel within the boundaries of the district, zone, or area of benefit. (f) (1) The board of supervisors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (2) In addition, the mailed notice shall include the name of the district, the return address of the sender, the amount of the assessment for the initial fiscal year, the maximum amount of the assessment that may be levied during any fiscal year and the name and telephone number of the person designated by the board of supervisors to answer inquiries regarding the protest proceedings. (Amended by Stats. 2004, Ch. 118, Sec. 3. Effective January 1, 2005.)
  31. 6254.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The provision says the district assessment is a special assessment and applies to winegrape plants regardless of their age.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6254. The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds that the owners of all winegrape plants will be benefited by the district to the same extent and in the same manner regardless of the age of the plants. The assessments authorized by this article to be assessed and levied shall be assessed and levied regardless of the age of the plants growing on the land. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  32. 62540.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary must appoint a seven-member Milk Producers Security Trust Fund Board. Appointments are for three-year terms, and no member may serve more than three consecutive three-year 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62540. (a) The secretary shall appoint a Milk Producers Security Trust Fund Board consisting of seven members. (b) All appointments shall be for a term of three years, and no member shall be appointed to more than three consecutive three-year terms. (c) Members of the board shall include three milk producers, two representatives of handlers licensed under Chapter 2 (commencing with Section 61801), and two nonproducer members representing nonprofit cooperative associations. (Amended by Stats. 2019, Ch. 304, Sec. 13. (AB 590) Effective January 1, 2020.)
  33. 62541.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Board members are paid $100 per day, plus travel expenses, for attending board meetings or conducting board business, and the secretary must approve the 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62541. Each member of the board shall be paid one hundred dollars ($100) per day plus travel expenses, including expenses for lodging and meals, which are incurred in the attendance at board meetings or in conducting the business of the board. All per diem and expense claims are subject to approval by the secretary. (Amended by Stats. 2019, Ch. 304, Sec. 14. (AB 590) Effective January 1, 2020.)
  34. 62542.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The board must advise the secretary on administering the 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62542. The board shall advise the secretary on the administration of the fund, including, but not limited to, the amount of the fund defaults under this chapter and the implementation of the security charge necessary to accomplish its functions. (Amended by Stats. 2019, Ch. 304, Sec. 15. (AB 590) Effective January 1, 2020.)
  35. 62543.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The board may contract for accounting firms or other consultants or agencies if the secretary approves and the board считает the services 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 3. Milk Producers Security Trust Fund Board [62540 - 62543] ( Article 3 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62543. The board may, by contract, with the approval of the secretary, engage the services of an accounting firm or other consultants or agencies that the board determines to be necessary. (Amended by Stats. 2019, Ch. 304, Sec. 16. (AB 590) Effective January 1, 2020.)
  36. 6255.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The county auditor must compute and enter the assessment on the assessment roll, and must levy it if the supervisors do not. The assessment is collected like general county taxes and paid into the county treasury for the district’s use.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6255. The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as required, the auditor shall do so. The assessment shall be collected at the same time, and in the same manner as, and together with and not separate from, general county taxes, and when collected shall be paid into the county treasury for the use of the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  37. 6256.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    County officers covered by this section are liable on their official bonds for faithfully carrying out the duties imposed by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6256. The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this article, hereby adopted and made a part of this article. The several county officers thus referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this chapter. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  38. 6256.5.

    ## 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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The district must use assessment revenue only for authorized district purposes and for the benefit of assessed property, keep overhead and administrative costs to the minimum necessary, and not donate, loan, or transfer district funds to other local agencies or the state.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6256.5. The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for which the district is formed and for the benefit of the property assessed. The district shall expend the minimum amount necessary for overhead and other administrative costs. No district funds shall be donated, loaned, or transferred to any other local agency or to the state for any purpose. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  39. 62560.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    This section sets when the secretary must collect or stop collecting security charges, when handlers must post acceptable securities, and when extra charges or notices 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62560. (a) The security charges provided for in Section 62561 shall be collected until January 1, 2007. Unless otherwise permitted by this section, the secretary shall thereafter discontinue collection of the security charges. The fund shall consist of the fund cash, the value of any alternative financial instrument, and acceptable securities provided by handlers pursuant to subdivision (c). (b) If, after January 1, 2007, payment of producer claims reduces the fund cash below thirty million dollars ($30,000,000), the secretary may resume collecting security charges in order that the fund cash is thereafter maintained at thirty million dollars ($30,000,000). Security charges necessary to return the fund cash to thirty million dollars ($30,000,000) shall, subject to subdivision (c), be collected from all handlers making purchases of eligible milk, including handlers who have posted acceptable securities pursuant to subdivision (c). (c) If, in any month, 110 percent of any handler’s average monthly eligible milk purchases, computed over the preceding 12 months, unless the increase in value of eligible milk purchases is the result of substantial business expansion or the result of a merger or acquisition, in which case the 12-month computation requirement does not apply, exceeds the fund cash as of the end of that month, or thirty million dollars ($30,000,000), whichever is higher, the secretary shall require that handler to provide acceptable securities, as calculated consistent with subdivision (e), within 10 working days in an amount equal to the difference between the fund cash or thirty million dollars ($30,000,000), whichever is higher, and 110 percent of that handler’s average monthly eligible milk purchases. When handlers have provided acceptable securities covering the difference, the secretary shall not collect security charges from those handlers for the portion of their average monthly eligible milk purchases covered by acceptable securities. Shipments to handlers failing to provide acceptable securities within 10 working days of notice by the secretary of the obligation to post acceptable securities, as required by this subdivision, shall be listed by the secretary as ineligible for coverage under the fund pursuant to Section 62586. (d) The secretary shall calculate the value of handlers’ average monthly eligible milk purchases at least once each year for those handlers whose previous average monthly eligible milk purchases exceed twenty million dollars ($20,000,000). If, as a result of any such calculation, the secretary determines that a handler must provide additional acceptable securities, as calculated consistent with subdivision (e), to satisfy the requirements of subdivision (c), that handler shall provide additional acceptable securities within 10 working days of notice by the secretary. (e) In calculating the amount of an acceptable security pursuant to subdivision (c) or (d), the secretary shall not take into account milk that a handler purchases from a producer with a beneficial ownership interest in the handler, as defined for purposes of paragraph (7) of subdivision (a) of Section 62580. (f) In the event a handler fails to comply with subdivision (d): (1) In addition to paying all other amounts required by this chapter, including any security charges then in effect under subdivision (a) of Section 62561, that handler shall pay an enhanced security charge on all eligible milk purchased to be computed as follows: (A) 3.2 mills ($0.0032) per pound for fat contained in eligible milk of any class referred to in Section 1051.40 of the Federal Milk Marketing Order, whether pooled or nonpooled. (B) 1.3 mills ($0.0013) per pound for solids-not-fat contained in eligible milk of any class referred to in Section 1051.40 of the Federal Milk Marketing Order, whether pooled or nonpooled. (2) A handler shall be liable for the enhanced security charges required by this section until the handler provides the required additional acceptable securities to the secretary. Notwithstanding subdivision (b), enhanced security charges paid pursuant to this paragraph shall be deposited into the fund and become part of the fund cash. (g) If a handler fails to timely provide acceptable securities, or additional acceptable securities, as required by this section, the secretary shall promptly give notice of that fact to all producers who have a contract on file with the secretary, all nonprofit cooperative associations, and other interested parties. A handler failing to post acceptable securities may also be subject to revocation, suspension, or nonrenewal or placement of conditions upon the handler’s license pursuant to Sections 62146, 62149, and 62151. (h) In consultation with the board, the secretary may consider and use alternative financial instruments, in addition to, or in lieu of, using security charges to meet the financial security requirements of this section. (Amended by Stats. 2019, Ch. 304, Sec. 17. (AB 590) Effective January 1, 2020.)
  40. 62561.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    When the secretary has implemented collections under this chapter, specified security charges apply to eligible milk, and the secretary may collect those charges only 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62561. (a) The following security charges shall be in effect for any period for which the secretary has implemented collections under this chapter: (1) 3.2 mills ($0.0032) per pound for fat contained in eligible milk of any class referred to in Section 1051.40 of the Federal Milk Marketing Order, whether pooled or nonpooled. (2) 1.3 mills ($0.0013) per pound for solids-not-fat contained in eligible milk of any class referred to in Section 1051.40 of the Federal Milk Marketing Order, whether pooled or nonpooled. (b) The secretary is only authorized by this article to collect security charges on eligible milk. (Amended by Stats. 2019, Ch. 304, Sec. 18. (AB 590) Effective January 1, 2020.)
  41. 62563.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary must remit certain handler security-charge amounts to the fund by the end of the month after milk payment is made.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62563. The amount of any handler’s obligation attributable to the security charges established pursuant to Section 62561 shall be remitted by the secretary to the fund by the end of the month following the month in which payment for the milk is made. (Amended by Stats. 2019, Ch. 304, Sec. 20. (AB 590) Effective January 1, 2020.)
  42. 62565.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary must collect security charges through direct payment.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62565. Security charges shall be collected by the secretary through direct payment. (Amended by Stats. 2019, Ch. 304, Sec. 23. (AB 590) Effective January 1, 2020.)
  43. 62566.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary may add a 10% penalty to amounts that are not paid when due.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62566. The secretary may add a penalty of 10 percent to amounts that are not paid when due. (Amended by Stats. 2019, Ch. 304, Sec. 24. (AB 590) Effective January 1, 2020.)
  44. 62567.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If a handler or producer-handler does not provide needed information when required, the secretary must estimate the amount due using department records or any other available 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62567. If any handler or producer-handler does not provide the information necessary to determine the amount due, when required, the secretary shall estimate the amount due from the records of the department or from any other source of information that is available. (Amended by Stats. 2019, Ch. 304, Sec. 25. (AB 590) Effective January 1, 2020.)
  45. 62568.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary may take appropriate action against any person to recover unpaid amounts.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62568. The secretary may take all appropriate action against any person to recover any unpaid amounts. In any action, a declaration by the secretary that states the amount required to be paid, including penalty, is prima facie evidence of the delinquency. The presumption established by this section is a presumption affecting the burden of proof. (Amended by Stats. 2019, Ch. 304, Sec. 26. (AB 590) Effective January 1, 2020.)
  46. 62569.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Money collected by the secretary under this chapter must be deposited in a secretary-approved bank or other depository, and those funds may be spent only for the listed milk-fund 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62569. (a) Any money that is collected by the secretary pursuant to this chapter shall be deposited in a bank or other depository that is approved by the secretary. Funds that are so collected are exempt from Sections 11270 and 11272 of the Government Code and shall be deposited and disbursed only to pay for milk produced and delivered within this state, that has not been otherwise paid for, including attorney’s fees and other costs incurred in litigation involving the fund, expenses generated by the auditing requirement imposed by Section 62570, expenses generated by the use of alternative financial instruments pursuant to Section 62560, and the costs set forth in Section 62573. The expenditure of those funds is exempt from Section 925.6 of the Government Code. (b) Nothing in this section prevents the secretary from using the increment received from investment, reinvestment, or deposit of money specified in Section 62573, in the manner provided by Section 62574. (Amended by Stats. 2019, Ch. 304, Sec. 27. (AB 590) Effective January 1, 2020.)
  47. 6257.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The county treasury holds the district’s money, and the county treasurer must receive, receipt, credit, safeguard, and disburse it as this article provides.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6257. The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place the same to the credit of the district. The county treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner provided in this article, of all moneys of the district so held. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  48. 62570.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Fund activities must be audited at least every two years, and the audit copy must be delivered to the secretary within 30 days after completion.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62570. All fund activities shall be subject to an audit at least once every two years by an auditing firm recommended by the board and selected by the secretary. A copy of the audit shall be delivered to the secretary within 30 days after completion. (Amended by Stats. 2019, Ch. 304, Sec. 28. (AB 590) Effective January 1, 2020.)
  49. 62571.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Money collected by the secretary under this chapter is continuously appropriated to the secretary to use only for the purposes in Section 62569.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62571. Notwithstanding Section 13340 of the Government Code, any money that is collected by the secretary pursuant to this chapter is hereby continuously appropriated to the secretary to carry out only those purposes provided for in Section 62569. The appropriation that is made in this section is exempt from Section 16304 of the Government Code. (Amended by Stats. 2019, Ch. 304, Sec. 29. (AB 590) Effective January 1, 2020.)
  50. 62572.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Money deposited under Section 62569 that the secretary finds available for investment may be invested or reinvested by the Treasurer, placed in a depository, or combined with certain other funds.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62572. Any money that is deposited pursuant to Section 62569, which the secretary determines is available for investment, may be invested or reinvested by the Treasurer in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, or placed in a depository as provided in Chapter 4 (commencing with Section 16500) of that part, and handled in the same manner as money in the State Treasury. For these purposes, the money may also be combined with funds determined by the secretary to be available for investment pursuant to Section 58939. (Amended by Stats. 2019, Ch. 304, Sec. 30. (AB 590) Effective January 1, 2020.)
  51. 62573.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Investment income and related deposits must go to the fund, and the Treasurer can recover reasonable costs; the secretary must pay those costs if billed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62573. (a) Any increment that is received from investment, reinvestment, or deposit of money pursuant to Section 62572 shall be deposited to the credit of the fund. The Treasurer may deduct from this remittance an amount equal to the reasonable costs incurred in carrying out Section 62572 and this section or may bill the secretary for the costs, and the secretary shall pay the costs from money collected pursuant to this chapter. (b) Nothing in this section prevents the secretary from using the increment in a manner provided by Section 62574. (Amended by Stats. 2019, Ch. 304, Sec. 31. (AB 590) Effective January 1, 2020.)
  52. 62574.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    After the relevant payment is made, the secretary may transfer half of the increment to the Department of Food and Agriculture Fund, after consulting the 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 4. Financing Plan [62560 - 62574] ( Article 4 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62574. Immediately following the payment to the fund of the increment provided in Section 62573, the secretary may, after consultation with the board, transfer an amount equal to one-half of that increment to the Department of Food and Agriculture Fund to be used to reduce the producer assessments collected pursuant to Section 62660. (Amended by Stats. 2019, Ch. 304, Sec. 32. (AB 590) Effective January 1, 2020.)
  53. 6258.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    For a consolidated district spanning multiple counties, district money must be kept in the county treasury of the county with the largest district area, and money collected in other counties must be transferred to that repository treasury.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6258. If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in which is located the largest area of the district. Money collected for the use of the district in any other county in which a part of the district is located shall be transferred by the county treasurer upon warrant of the county auditor of the county in which the money was collected to the county treasurer of the county serving as repository for the district, in the same manner as prescribed for the disbursement of money held for a local district. Money derived from any county in which the district is located may be expended in any part of the district for the purposes authorized by this chapter, notwithstanding any other provision of law limiting the expenditure of any such money to a specific area or county. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  54. 62580.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Milk is covered only if the listed contract, licensing, location, notice, and ownership conditions are met, with some 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62580. (a) Except as otherwise provided in this chapter, milk shipped by a producer to a handler who meets all of the following criteria shall be considered for coverage pursuant to this chapter: (1) A valid contract between the producer and handler pursuant to Chapter 1 (commencing with Section 61310) or Chapter 2 (commencing with Section 61801) has been filed with the secretary before the date the milk was shipped, unless the shipment was made in the first five days after the contract was executed. Filing may be accomplished by providing the department electronic notification of the contract. (2) The handler was licensed and bonded as required by Chapter 1 (commencing with Section 61301) or Chapter 2 (commencing with Section 61801) when the contract was filed with the secretary. (3) The milk was produced within the state and delivered to a plant within the state. (4) The secretary has not issued a prior notice that the shipments would not be covered by the fund. (5) The shipment was not made under a custom processing arrangement with the producer retaining title. (6) (A) The producer shipping the milk had a direct contract with the handler. Milk shipped to a handler under a contract held by intermediaries, brokers, or agents is not covered. (B) In the case of a nonprofit cooperative association, only the milk of its members shipped under the contract is covered. Notwithstanding subparagraph (A), milk shipped by a nonprofit cooperative association to a handler under a contract held by another nonprofit cooperative association, as verified by the secretary, is covered. (7) (A) The producer does not have a beneficial ownership interest in the handler to whom shipments were made. (B) For purposes of this paragraph, the term “beneficial ownership interest” means the holding of any ownership share in the handler to whom shipments are made, or, if the handler is a publicly traded company, an ownership share of more than 1 percent. (8) The producer is in compliance with this chapter. (b) Milk shall not be excluded from coverage pursuant to this chapter due to its pooled or nonpooled status. (Amended by Stats. 2019, Ch. 304, Sec. 33. (AB 590) Effective January 1, 2020.)
  55. 62580.5.

    ## 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    A producer entity that severs a disqualifying beneficial ownership interest in a handler loses trust fund coverage for future milk shipments to that handler for 12 months after notice, unless a waiver is granted.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62580.5. Any producer entity, including a nonprofit cooperative association that severs a disqualifying beneficial ownership interest in a handler to whom it supplies bulk milk, shall not have trust fund coverage for future milk shipments to that handler for a period of 12 months after notice is given to the secretary of termination of the beneficial ownership interest unless a waiver is granted subject to Section 62587. (Amended by Stats. 2019, Ch. 304, Sec. 34. (AB 590) Effective January 1, 2020.)
  56. 62581.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Only shipments made within 35 days of the earliest unpaid shipment are eligible.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62581. Only shipments which occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid are eligible. (Amended by Stats. 1990, Ch. 476, Sec. 1.)
  57. 62582.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If future shipments to a handler lose coverage after a default, the secretary must notify listed producers, cooperative associations, and other interested parties.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62582. If future shipments to a handler are not eligible for coverage under this chapter in the event of a default, the secretary shall notify all producers who have a contract on file with the secretary, all nonprofit cooperative associations, and other interested parties. Future shipments shall not be eligible when any of the following events occur: (a) The handler fails to maintain a valid license or bond as required under Chapter 1 (commencing with Section 61301) or Chapter 2 (commencing with Section 61801). (b) The handler fails to pay producers as required under Section 1051.73 of the Federal Milk Marketing Order, or, in the case of nonpooled or Grade B milk, by the contract filed with the secretary pursuant to paragraph (1) of subdivision (a) of Section 62580. (c) The handler fails to submit, when requested by the secretary, executed contracts that establish the relationship between affected parties. (Amended by Stats. 2019, Ch. 304, Sec. 35. (AB 590) Effective January 1, 2020.)
  58. 62583.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    A producer’s shipments made more than five days after a notice of ineligibility are not counted when the producer makes a claim against the fund, unless the secretary restores eligibility for future shipments.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62583. If, on the date of the notice issued pursuant to Section 62582, a producer has a contract with the handler which is on file with the secretary, and that producer has received payment from a handler whose milk purchases have been declared ineligible, shipments by that producer which occur more than five days from the date of the notice of ineligibility issued by the secretary will not be considered in determining any claim the producer may make against the fund, unless the secretary reestablishes eligibility for future shipments to be covered by the fund. (Amended by Stats. 2008, Ch. 236, Sec. 8. Effective August 1, 2008.)
  59. 62584.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If a producer lacks a filed contract with the handler on the notice date, shipments made more than five days after the secretary’s notice of ineligibility will not count toward any claim against the fund, unless eligibility is reestablished for future shipments.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62584. If, on the date of the notice issued pursuant to Section 62582, a producer does not have a contract with the handler which is on file with the secretary, shipments by that producer which occur more than five days from the date of the notice of ineligibility issued by the secretary will not be considered in determining any claim the producer may make against the fund, unless the secretary reestablishes eligibility for future shipments to be covered by the fund. (Amended by Stats. 2008, Ch. 236, Sec. 9. Effective August 1, 2008.)
  60. 62585.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If the secretary issues a notice under Section 62582, the secretary may again qualify shipments to the handler only after the handler corrects the deficiency and pays what is owed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62585. If the secretary issues a notice pursuant to Section 62582, the secretary may again qualify shipments to the handler if the handler has corrected the deficiency upon which the notice was originally issued and has done all of the following: (a) Paid all amounts owed to producers, including interest. Producers are not entitled to receive interest on amounts for which they have been paid by the fund after the date of payment by the fund. (b) Reimbursed the fund for any payments made by the fund due to a default by the handler plus interest at the rate of 12 percent per annum from the date of payment by the fund. (c) Paid any assessments, penalties, or other amounts owed under federal, state, or local laws. (Amended by Stats. 2019, Ch. 304, Sec. 36. (AB 590) Effective January 1, 2020.)
  61. 62586.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary must publish, at least monthly, a current list of handlers whose shipments are not eligible for coverage under the 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62586. The secretary shall, at least monthly, publish a current list of all handlers to whom shipments are not eligible for coverage under the fund. (Amended by Stats. 2019, Ch. 304, Sec. 37. (AB 590) Effective January 1, 2020.)
  62. 62587.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary may waive provisions of this article if, after consulting the board, the secretary finds the waiver is needed to avoid a hardship on persons subject to the chapter and that the hardship would be inconsistent with the chapter’s intent.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 5. Milk Producers Security Trust Fund Coverage [62580 - 62587] ( Article 5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62587. The secretary may waive any of the provisions of this article if, after consultation with the board, the secretary finds that a hardship would be imposed on persons subject to this chapter that is not consistent with the intent of this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 38. (AB 590) Effective January 1, 2020.)
  63. 6259.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The county treasurer may pay district money only under the warrant and signature conditions stated here, and must file quarterly written reports of district funds and payments.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 5. Levy of Assessments for District Purposes [6250 - 6259] ( Article 5 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6259. (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairperson or vice chairperson and attested to by the secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairperson or vice chairperson and attested to by the secretary, to meet the district’s expenses, including salaries, at such intervals as is approved by the board of supervisors. (b) The county treasurer shall report, in writing, on the first day of July, October, January, and March of each year, to the board of directors, the amount of money the treasurer then holds for the district, the amount of receipts since the last report, and the amounts paid out. Each report shall be verified and filed with the secretary of the district to whom it is addressed. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  64. 626.

    ## 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 ↗

    Money cannot be transferred from Section 622 to the Department of Agriculture Building Fund if doing so would interfere with the administrative purposes for which the money was collected.

    ## 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. ) ## 626. Money shall not be transferred pursuant to Section 622 to the Department of Agriculture Building Fund if it will interfere with the administrative purposes for which the money was collected. (Amended by Stats. 2022, Ch. 198, Sec. 8. (SB 1499) Effective January 1, 2023.)
  65. 6260.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 6. Inclusion of Lands [6260- 6260.] ( Article 6 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Winegrape lands outside the district but in the same county may be annexed to the district.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 6. Inclusion of Lands [6260- 6260.] ( Article 6 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6260. Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is located, may be annexed to the district in the same manner provided in this chapter for the formation of the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  66. 62600.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    A producer who is not paid for milk in the required manner must immediately notify 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62600. Any producer who does not receive payment for milk sold or delivered to a handler in the manner required by Section 1051.73 of the Federal Milk Marketing Order, or, in the case of nonpooled or Grade B milk, as required by the contract, shall immediately notify the secretary. Failure to notify the secretary within two business days of nonperformance of electronic fund transfer payments shall result in a one-day reduction in total days covered for each day of failure to notify the secretary of nonpayment. (Amended by Stats. 2019, Ch. 304, Sec. 39. (AB 590) Effective January 1, 2020.)
  67. 62601.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary must immediately take necessary action to determine whether a payment default has occurred, on the secretary’s own motion or after information from a producer, producer representative, or any other 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62601. The secretary shall, upon the secretary’s own motion or upon information from a producer, producer representative, or any other person, immediately take whatever action is necessary to determine whether a payment default has occurred. (Amended by Stats. 2019, Ch. 304, Sec. 40. (AB 590) Effective January 1, 2020.)
  68. 62603.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If the secretary finds a payment default, the secretary must notify the handler, and the handler has one business day from notice to fix the payment deficiency. If no default occurred, the secretary must notify the handler and the complaining party.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62603. If the secretary determines that a payment default has occurred, the secretary shall notify the handler that it has one business day from receipt of the notification to correct the payment deficiency. If the secretary determines that a payment default has not occurred, the secretary shall so notify the handler and complaining party. (Amended by Stats. 2019, Ch. 304, Sec. 42. (AB 590) Effective January 1, 2020.)
  69. 62604.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If a payment default is not corrected within one business day after notification, the secretary must issue a notice identifying the defaulting handler and telling producers about specified provisions and their claim rights.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 6. Discovery and Notification of Default in Payments [62600 - 62604] ( Article 6 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62604. When a payment default has occurred, which was not corrected within one business day after notification, the secretary shall issue a notice pursuant to Section 62582 which identifies the defaulting handler and informs producers of the provisions of Sections 62583 and 62584. The notice shall also inform producers of their rights to file claims pursuant to Article 7 (commencing with Section 62620). (Amended by Stats. 2019, Ch. 304, Sec. 43. (AB 590) Effective January 1, 2020.)
  70. 62620.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If the secretary finds the fund liable for producer nonpayments, the secretary must send claim forms to eligible producers, and the verified form must be returned within 60 days of mailing.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62620. If the secretary determines that the fund is liable for any nonpayments to producers, the secretary shall provide to the producers, who have a contract with the defaulting handler on file with the secretary, a claim form. The claim form, which shall be verified, shall be returned to the secretary within 60 days from the date the claim forms are mailed by the secretary. The producer need only verify that a nonpayment has occurred. The amount of the nonpayment shall be determined by the secretary. (Amended by Stats. 2019, Ch. 304, Sec. 44. (AB 590) Effective January 1, 2020.)
  71. 62621.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If a verified claim form is not filed as required by Section 62620, the secretary and the fund are relieved of further duty or liability 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62621. If a verified claim form is not filed as required by Section 62620, the secretary and the fund are relieved of any further duty or liability pursuant to this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 45. (AB 590) Effective January 1, 2020.)
  72. 62622.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary must calculate each producer’s amount due and notify each producer. A dissatisfied producer may ask for review within 30 days of the 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62622. Upon receipt of all verified claim forms from producers or the expiration of the time allowed to file claims, whichever occurs first, the secretary shall calculate the amount due each producer and shall notify each producer of their calculated amount and the relationship that amount bears to the total of all claims. Any producer not satisfied with the determination of the secretary may, within 30 days of receiving the notice pursuant to this section, request the secretary to review the producer’s calculated amount. (Amended by Stats. 2019, Ch. 304, Sec. 46. (AB 590) Effective January 1, 2020.)
  73. 62623.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    This section tells how to calculate amounts owed to 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62623. For purposes of this chapter, the amounts owed to the producers shall be calculated as follows: (a) Only shipments that occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid shall be used. (b) For all eligible milk, whether pooled or nonpooled, the price specified in the contract with the handler or the statistical uniform price, as defined in Section 62521, whichever is lower, shall be used. (c) Deductions shall be made for those items that the handler has remitted on the producer’s behalf, and for which documentation of remittance has been presented, unless the deductions are unauthorized. (d) The producer’s share of any bond recovery under Chapter 1 (commencing with Section 61301) or Chapter 2 (commencing with Section 61801) shall be deducted. (Amended by Stats. 2019, Ch. 304, Sec. 47. (AB 590) Effective January 1, 2020.)
  74. 62624.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    $200,000 must be deducted from the amount owed to all producers, and the remaining balance must be paid from the fund pro rata.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62624. Two hundred thousand dollars ($200,000) shall be deducted from the total of the amount owed to all producers, as calculated in Section 62623, and the balance shall be paid from the fund on a pro rata basis. The amount calculated pursuant to Section 62623 shall be the basis for prorating. (Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
  75. 62625.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    If there is not enough money in the fund, affected producers must receive prorated payments based on the amount due under Section 62624.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 7. Producer Claims [62620 - 62625] ( Article 7 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62625. A prorated payment shall be made to all affected producers based on the amount payable pursuant to Section 62624 when there is not sufficient money in the fund. Additional payments shall be made on a quarterly basis until the total amount due is paid. Each payment shall take into consideration all claims that have been partially satisfied and new claims approved since the previous payment. (Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
  76. 62660.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary must collect a milk assessment from each producer, and may change the rate if needed to cover administration costs.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62660. (a) The secretary shall collect from each producer three and three-tenths mills ($0.0033) per hundredweight of all milk, whether pooled or nonpooled, to defray the reasonable costs of administering this chapter, except costs for which the fund is liable, as provided for in Section 62569. (b) The secretary may fix the rate of the assessment authorized pursuant to subdivision (a) at a lesser or greater amount and may adjust the rate of the assessment as the secretary determines necessary to defray the reasonable costs of administering this chapter. (c) Moneys collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund, created pursuant to Section 221, and shall be continuously appropriated to the department pursuant to Section 62571. (Amended by Stats. 2021, Ch. 371, Sec. 5. (AB 425) Effective January 1, 2022.)
  77. 62661.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary has authority to administer and enforce 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62661. The secretary is the instrumentality of this state for the purpose of administering and enforcing this chapter and to execute the legislative intent expressed in this chapter, and is hereby vested with the administrative authority specified in this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 50. (AB 590) Effective January 1, 2020.)
  78. 62662.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary may use certain departmental hearing and investigation powers for matters 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 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62662. The secretary may exercise any or all of the powers conferred by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code upon the head of a department with respect to hearings and investigations under this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 51. (AB 590) Effective January 1, 2020.)
  79. 62663.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    The secretary may investigate certain milk-related transactions and may enter, inspect, and copy related records and documents.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62663. For purposes of enforcing this chapter, the secretary may investigate any and all transactions between producers and handlers, between nonprofit cooperative associations and producers, and among handlers. For that purpose, the secretary shall have access to, and may enter at all reasonable hours, any place where milk is being stored, bottled, or manufactured and where milk is being bought, sold, or handled, or where the books, papers, records, or documents that relate to those transactions are kept. The secretary may inspect and copy those books, papers, records, or documents at any place within the state. (Amended by Stats. 2019, Ch. 304, Sec. 52. (AB 590) Effective January 1, 2020.)
  80. 62665.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    An order of the secretary made under this chapter that substantially affects a directly affected party’s rights may be challenged by petition to the appropriate court.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62665. Any order of the secretary made pursuant to this chapter that substantially affects the rights of any directly affected party shall be subject to judicial review upon petition to the appropriate court. The petition shall be filed within 30 days after the effective date of the order. (Amended by Stats. 2019, Ch. 304, Sec. 53. (AB 590) Effective January 1, 2020.)
  81. 62666.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    A producer who recovers money from the fund must transfer recovery rights to the secretary and complete any paperwork or other acts needed to carry out the section.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62666. Any producer who recovers from the fund shall subrogate to the secretary all rights of recovery against any person or organization, and the producer shall execute and deliver to the secretary instruments and papers and perform any other acts necessary to carry out this section. (Amended by Stats. 2019, Ch. 304, Sec. 54. (AB 590) Effective January 1, 2020.)
  82. 62667.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. )

    Verify source ↗

    Interest accrues on producer payments made because of a handler default, and the secretary may record a lien for the amount owed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2.5. Milk Producers Security Trust Fund [62500 - 62667] ( Chapter 2.5 added by Stats. 1987, Ch. 156, Sec. 55. ) ## ARTICLE 10. Administration [62660 - 62667] ( Article 10 added by Stats. 1987, Ch. 156, Sec. 55. ) ## 62667. Any payments made to producers from the fund due to a handler’s default shall accrue interest at the rate of 12 percent per annum from the date of payment. The payments and accrued interest is a judgment against the defaulting handler. The judgment shall be considered a lien on all real and personal property of the defaulting handler. The secretary may file the lien for record with any county recorder where a defaulting handler’s property is located and shall specify the amount owed, the name of the handler, the federal social security number or the federal employer tax number if known, and the last known address of the handler. The lien shall remain in full force and effect until the handler has repaid to the fund an amount equal to the default. (Amended by Stats. 2019, Ch. 304, Sec. 55. (AB 590) Effective January 1, 2020.)
  83. 627.

    ## 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 secretary may take necessary steps to protect department-controlled property and may buy insurance for loss, damage, or loss of use and occupancy.

    ## 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. ) ## 627. (a) The secretary may do any and all things that are necessary to protect the investment or use, including the purchase of insurance against the loss of, or damage to, the property, or the loss of its use and occupancy, of any property and buildings and appurtenant facilities under the control of the department. (b) Any transaction that is entered into by the secretary pursuant to this section is subject to the approval of the Department of General Services. (Amended by Stats. 2022, Ch. 198, Sec. 9. (SB 1499) Effective January 1, 2023.)
  84. 6270.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Two or more districts under this chapter may be consolidated.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6270. Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous, and whether or not the districts are located in the same county. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  85. 62700.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The chapter declares fluid milk and fluid cream production and distribution to be a business affected with a public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62700. The production and distribution of fluid milk and fluid cream 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. (Added by Stats. 1967, Ch. 927.)
  86. 62701.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This section declares fluid milk and fluid cream important to public health and state welfare and states a policy to promote orderly marketing and eliminate harmful trade practices.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62701. It is hereby declared that fluid milk and fluid cream are necessary articles of food for human consumption; that the production and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to public health and welfare, and that the production, transportation, processing, storage, distribution and sale of fluid milk and fluid cream in the State of California is an industry, in whole and in part, affecting public health and welfare; that unfair, unjust, destructive and demoralizing trade practices have appeared within this industry and these practices constitute a menace to the health and welfare of the inhabitants of this state by threatening the stability of this industry and by thereby endangering the assurance to the people of the State of California of the maintenance of an adequate supply of this necessary commodity; that it is a policy of this state to promote, foster and encourage the intelligent production and orderly marketing of commodities necessary to its citizens, including fluid milk and fluid cream, and to eliminate speculation, waste, improper marketing, unfair and destructive trade practices, and improper accounting for milk purchased from producers. (Added by Stats. 1967, Ch. 927.)
  87. 62702.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The Legislature states that the director’s existing powers are not enough and that this chapter adds powers for the director to gradually equalize class 1 usage among California 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62702. It is recognized by the Legislature that currently the powers conferred upon the director by Chapter 2 (commencing with Section 61801) are inadequate to enable the dairy industry to develop and maintain satisfactory marketing conditions and bring about and maintain a reasonable amount of stability and prosperity in the production of fluid milk and fluid cream; and that to accomplish these purposes, and particularly to insure to consumers within California an adequate and continuous supply of pure, fresh, and wholesome milk at fair and reasonable prices, including a reasonable estimate of the additional supply which is needed to provide for normal fluctuations in production and in consumer demand for those products, those powers must be supplemented by the powers conferred in this chapter upon the director to equalize gradually the distribution of class 1 usage among the producers of this state. (Amended by Stats. 1982, Ch. 751, Sec. 33.)
  88. 62702.1.

    ## 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This section says the Legislature found that faster equalization of pool quotas and production bases, and a program for new producer entry, would better achieve 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62702.1. It is recognized by the Legislature that the provisions for equalization of usages among producers and entry of new producers contained in the Gonsalves Milk Pooling Act, as originally enacted, and the pooling plan adopted thereunder, tended to achieve the purposes of that act; however, the provisions for more rapid equalization and additional new entry would more rapidly and effectively achieve the purposes of this chapter. It is also recognized that some holders of pool quota and production base initially issued under the Gonsalves Milk Pooling Act have waited for several years for equalization, and that equalized producers have for a number of years not shared in any of the benefits of new quota created by new usage. It is further recognized that it is necessary to promote and to attempt to assure more rapid equalization of the holders of pool quota issued subsequent to the initial allocation of production bases and pool quota pursuant to this chapter, and to provide for a program for entry and for equalization of new producers. It is the purpose of the amendments to this chapter to provide a reasonable and equitable mechanism to permit more accelerated equalization, to equalize the holders of pool quota and production base initially issued under the Gonsalves Milk Pooling Act and who are not yet equalized, and to legislatively allocate in a fair and reasonable manner a share of new pool quota created by new usage to existing pool quota holders who are not equalized, to new producers, and to equalized pool quota holders who have not shared in the benefits of the growth of new usage since the original enactment of the Gonsalves Milk Pooling Act and the pooling plan thereunder. (Added by Stats. 1977, Ch. 1192.)
  89. 62703.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    For each producer, a production base and pool quota must be established under Section 62707, and the director’s pooling plan governs how those bases and functions work.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62703. In effectuating the purposes of this chapter, a production base and a pool quota shall be established for each producer pursuant to Section 62707. The establishing of these bases and their functions shall be as provided in the pooling plan formulated by the director pursuant to the provisions of this chapter. (Added by Stats. 1967, Ch. 927.)
  90. 62704.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director may develop a proposed pooling plan and designate where it will apply, and must appoint a representative committee to help form 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62704. The director is authorized to develop a proposed pooling plan and to designate the proposed areas in which the plan will be made effective. He shall appoint fluid milk producers, and representatives of producers, to be the members and alternate members of a formulation committee, reasonably representative of all producers and areas to be included in the proposed pooling plan, which committee shall advise and assist the director in the establishment of the proposed pooling plan area and in the formulation of the proposed pooling plan. The pooling plan shall include all areas covered by stabilization and marketing plans under Chapter 2 (commencing with Section 61801), except any relatively isolated region of the state may be excluded therefrom, if the director, after a public hearing, finds that the inclusion of the region is not practical or in conformity with the purposes of the pooling plan, or if he finds that the producers in the relatively isolated region do not desire to be a part of either their own or one of the pools. (Amended by Stats. 1982, Ch. 751, Sec. 34.)
  91. 62705.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director must hold one or more public hearings in each proposed pooling area affected by the proposed 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62705. After the director, with the advice and assistance of the formulation committee, has formulated the proposed plan, he shall hold one or more public hearings in each proposed pooling area to be affected by the proposed plan for the purposes of considering modification of the proposed boundaries and formulating the pooling plan which will best accomplish the purposes of this chapter. Notice of the public hearings shall be given to each producer, including each member of cooperative marketing associations, who ships fluid milk to a distributor and to each distributor who receives fluid milk from producers. The procedures for the giving of notice and the conducting of the hearings shall be the same as those provided in Chapter 2 (commencing with Section 61801) for public hearings on stabilization and marketing plans. (Amended by Stats. 1982, Ch. 751, Sec. 35.)
  92. 62706.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The pooling plan must set the area covered by each pool, the director must consider multi-pool producers and processors when establishing pool areas, and qualified producers may participate in more than one pool.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62706. The pooling plan shall prescribe the pooling area to be covered by each pool. Any such pooling area shall mean and include a large sales and consuming center together with all intermediate and secondary cities, towns and rural areas, which depend upon and receive their fluid milk supplies from a common producing and supply area, and including the fluid milk producers who produce fluid milk for such sales and consuming area, and including the fluid milk processing plants which receive, process or distribute the fluid milk supplies for such an area. In establishing pool areas the director shall take into consideration the fact that some producers and processors may produce, or process and distribute, respectively, fluid milk for more than one pool area and therefore may qualify for inclusion and participation in more than one pool. Producers who so qualify for participation in more than one pool shall be permitted to do so on the basis of the proportions of their shipments of fluid milk to each pool area. (Added by Stats. 1967, Ch. 927.)
  93. 62707.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The formulation committee must recommend pooling plan items to the secretary, and the secretary must include specified pooling plan 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62707. The formulation committee shall make recommendations to the secretary for inclusion in the pooling plan, and the secretary shall include in the pooling plan, all of the following: (a) The establishment of one or more pools throughout the state. (b) (1) The base period to be used in determining the production and class 1 usage bases of each producer directly affected by the pooling plan. The base period shall, at the producer’s option, be his or her fluid milk production and usage in the pool area during the calendar year 1967 on an average daily basis or his or her production and usage in the pool area during the last six months of 1966 on an average daily basis. (2) As to a producer south and east of San Gorgonio Pass, his or her production base may, at his or her option, be four times his or her production in the months of December 1966, and January and February 1967. (3) If a producer, during any base period, had a valid contract with a distributor, or as a member of a cooperative association had an allocation, that provided that the distributor or cooperative association was required to accept a larger amount of fluid milk from the producer than the producer actually produced during the period, on proof satisfactory to the secretary of the contract or allocation, the producer may, at his or her option, have the amount specified in the contract or allocation established as his or her production base. (c) The establishment of a class 1 usage for each producer, which shall be the amount of his or her production of fluid milk accounted for as class 1, and any fluid milk sold for use as class 1 to a United States military installation but that was not accounted for as class 1. (d) The allocation to each producer within any pool of a pool quota, which, initially, shall be 110 percent of that producer’s class 1 usage, as determined in subdivision (c). (e) (1) The determination of new class 1 usage and the allocation of pool quota based thereon in a manner consistent with effectuating the purposes of this chapter. (2) All producers who have not reached the equalization point shall share in the allocation of pool quota on the basis of a formula that gives substantial weight to each producer’s production base, but that, at the same time, allocates a larger percentage to hardship cases and low class 1 usage producers. (3) The allocations shall be made on the basis of each individual producer, with each cooperative association considered as a single producer. The cooperative associations of producers shall reassign any new quota to their own members subject to Section 62710. (4) Annually, within no more than four months after August 31 of each year, the pool quota shall be adjusted by each component to reflect any additional pool quota. Any increase in pool quota shall be determined from the amount of new class 1 and class 2 solids not fat usage that developed during the preceding annual period which exceeded the previous highest identical annual period since the 1988–89 fiscal year. There shall be no downward adjustment of pool quota below the quota initially established pursuant to this chapter. (f) The establishment of production bases and pool quotas for new fluid milk producers who wish to enter the pooling plan after the effective date of the plan. The recommendations of the committee shall be reasonably equitable to both the new producers and to participating producers and consistent with effectuating the purposes of this chapter. (g) The transfer of production bases and pool quotas from one fluid milk producer to another under conditions so designed as to prevent abuses in the transfers and to avoid the development of excessive values for the bases and quotas. (h) Notwithstanding Section 62711, any provision which may be necessary to encourage the availability of market milk for those usages for that class 1 and class 2 milk is mandatory. (i) Any governmental agency that produces, processes, and consumes in its own facilities only its own production shall not be a pool plant. The plant shall operate outside the pool for accounting and settlement purposes unless the plant notifies the secretary of its election to participate in the pool. Any production of such a governmental agency that is transferred or diverted to a pool plant shall be classified for the purpose of settlement at the class 4a or class 4b price, whichever is lower. (j) Any and all other matters necessary and desirable to effectuate the provisions of this chapter. The recommendations of the formulation committee and the pooling plan may provide exceptions from the plan’s general application for individual cases of hardship. (Amended by Stats. 2006, Ch. 505, Sec. 10. Effective January 1, 2007.)
  94. 62707.1.

    ## 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director must issue new pool quota on July 1, 1978 to bring covered holders to the equalization point, excluding quota issued under subdivision (f) of Section 62707.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62707.1. (a) The director, on July 1, 1978, shall issue new pool quota sufficient to bring all holders of production base and pool quota as of that date (excluding any production base and pool quota issued pursuant to subdivision (f) of Section 62707), to the equalization point both on the fat and the solids-not-fat components. (b) Subsequent to July 1, 1978, all allocations of new class 1 usage determined under subdivision (e) of Section 62707, shall be made as follows: (1) Forty percent to producers whose total production base and pool quota are below the equalization point, to be allocated according to provisions adopted by the director in the applicable pooling plan. (2) Forty percent to producers whose total production base and pool quota are equal to or above the equalization point, this allocation to each such producer to be in the same ratio to the total allocation under this subdivision as that producer’s total holdings of quota bears to the total quota holdings of all equalized producers. (3) The remaining 20 percent shall be utilized for new producer allocations under subdivision (f) of Section 62707, according to the provisions in the then applicable pooling plan. The terms “total production and pool quota” and “total quota” shall for the purposes of this subdivision, include allocations of production base and pool quota issued pursuant to subdivision (f) of Section 62707. (Amended by Stats. 1982, Ch. 135, Sec. 1. Effective March 25, 1982.)
  95. 62707.2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    A person eligible for, but not yet assigned, a production base or pool quota must apply before January 1, 1971, or they will not remain eligible for 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62707.2. A person eligible for, but not yet assigned, a production base or pool quota, or both, pursuant to Section 62707 shall not be eligible for such a production base or pool quota, or both, unless he applies for such a production base or pool quota, or both, prior to January 1, 1971. (Added by Stats. 1970, Ch. 1253.)
  96. 62707.5.

    ## 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    Transfers of pool quota and production base must move in matching proportions, and the director must record and keep permanent records of those transfers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62707.5. If a portion of the pool quota of any producer is transferred, it shall carry with it the same quantity of production base, except that if the pool quota exceeds the production base, the pool quota shall carry with it a percentage of production base equal to the percentage of pool quota which is so transferred. In either case, the producer making a partial transfer of his pool quota shall lose a percentage of his production base equal to the percentage of his pool quota which is so transferred. If a producer transfers his entire production base to one person, his entire pool quota shall also be transferred to the recipient of the production base. If a producer transfers his entire pool quota, his entire production base shall also be transferred to the recipients of the pool quota in a percentage equal to the percentage of pool quota received by each. All transfers of production base and pool quota shall be recorded by the director in a manner consistent with the purposes of this chapter. Permanent records shall be maintained by the director of all transactions in either production base or pool quota. Any person who purchases or otherwise acquires a producer’s business or a portion of a producer’s business prior to the operative date of the pooling plan shall succeed to that same proportion of the producer’s production base and pool quota. (Amended by Stats. 1972, Ch. 1271.)
  97. 62707.6.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director must use any quota returned after April 30, 1981 for new producer allocations under Section 62707, according to the applicable 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62707.6. In addition to the quota provided for under paragraph (3) of subdivision (b) of Section 62707.1, any quota returned to the director after April 30, 1981, shall be utilized for new producer allocations under subdivision (f) of Section 62707, according to the provisions in the then applicable pooling plan. (Added by Stats. 1981, Ch. 508, Sec. 1.)
  98. 62708.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This section defines “producer-handler” and gives certain producer-handlers an option to set up a production base and pool quota or stay outside the pool for producer payment purposes, subject to stated conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62708. “Producer-handler” for purposes of this chapter is any person that is both a producer and a handler of fluid milk or fluid cream. For the purposes of this chapter, a producer-handler is a producer in any transaction which involves the delivery of bulk fluid milk or bulk fluid cream which was produced by him to a handler, or any nonprofit cooperative association of producers and is a handler in any transaction which involves the purchase by him of fluid milk or fluid cream, the pasteurization or packaging of fluid milk or fluid cream, or the sale or delivery of packaged fluid milk or packaged fluid cream to any person. A producer-handler, including partnerships or corporations with common ownership, where the ownership of the producing entity is substantially proportionate to the ownership of the handling entity, shall have the option, at the time of the adoption of the initial pooling plan under this chapter, to have a production base and pool quota established as a part of the pooling plan provided for in this chapter, or to elect to operate entirely outside of the pool for producer payment purposes. This option is available only in such cases where the producer-handler on January 1, 1968, exercised complete and exclusive control over the operation and management of a plant at which he processes milk received from his own milk production facilities, except for purchases in bulk or packaged fluid milk, fluid skim milk or fluid cream which do not exceed an annual average of 50 gallons per day or 5 percent of his total fluid milk sales, whichever is greater, and only in such case as the producer-handler had retail sales for its own account of not less than 662/3 percent of its total class 1 sales. Any producer-handler electing to be excluded from the pool may at any later time be admitted to the pool, but with only the production base and pool quota to which he would have originally been entitled or his average daily production and class 1 usage during the 12 months preceding his entry into the pool, whichever is less. (Repealed and added by Stats. 1977, Ch. 1192.)
  99. 62708.1.

    ## 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    A qualifying producer-handler may keep the exemption if it meets the listed sales and purchase limits, and it may also elect a production base and pool quota during the stated annual window.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62708.1. Any producer-handler who qualified and elected an exemption under Section 62708 and continued eligibility for such exemption by complying with the requirements of that section shall be entitled after January 1, 1978, to continue such exemption provided that such producer-handler maintains retail sales for his own account of not less than 50 percent of his total class 1 sales and his purchases do not exceed 25 percent of his total fluid milk sales, except that any purchases exceeding 5 percent of such sales shall be from pool sources. Any producer-handler qualifying for and electing an exemption under Section 62708, and maintaining such exemption under Section 62708 and this section, may, after January 1, 1978, elect during the 61-day period of August 1 through September 30 of any year to obtain a production base and pool quota under Section 62708 and enter the pool subject to the option provision of Section 62708.5. (Added by Stats. 1977, Ch. 1192.)
  100. 62708.5.

    ## 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This section defines when a producer-handler category includes certain producer/handler ownership structures and gives qualifying producer-handlers a limited right to make deductions from class 1 sales if they operate outside the pool.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62708.5. (a) A producer-handler, for purposes of this chapter, shall also include, as a separate and distinct category of producer-handlers, any producer and any handler who purchases or handles fluid milk or fluid cream produced by this producer if all of the ownership of the handler and all of the ownership of the producer is owned by the same person or persons and their ownership in the producer or handler is at least 95 percent identical for each person with their ownership in the handler or producer. This ownership shall not exceed 10 individual persons or owners of equitable interest in a partnership, corporation, or other legally constituted business association. (b) The ownership required by this section may be through a partnership, corporation, or other legally constituted business association if the entities are owned by the same person or persons, and there is at least 95 percent identity of ownership for each person with their ownership in the handler or producer. For purposes of this section, a “person” or “persons” includes the spouse, or other persons of lineal consanguinity of the first or second degree or collateral consanguinity to the fourth degree, and their spouses, and includes an adopted child the same as a natural child and kindred of the half blood equally with those of the whole blood of the owner and ownerships by persons so related shall be considered single ownership by one person. For purposes of this section, property pledged or hypothecated in any manner to others shall be considered “owned” if equitable ownership with management and control remain with the producer-handler. (c) Ownership as provided in this section shall have existed at the time of the base period selected by the producer under Section 62707 and at all other times thereafter. (d) Any such producer-distributor may, until August 6, 1969, do either of the following: (1) Join and operate wholly within the pool. (2) Have its entire original production base and pool quota determined during the base period it selected as a producer pursuant to Section 62707, established as a part of the pooling plan, and, nevertheless elect to operate entirely outside of the pool to the extent authorized by this section. (e) Any producer-handler who qualifies under this section and elects to operate outside the pool, to the extent of the authority granted, shall have the right to make deductions, as follows, from its own class 1 sales, excluding sales to a handler, whether in bulk or packaged, before being required to account to the pool: (1) If it has not sold production base and pool quota subsequent to February 9, 1977, it may deduct its original quota, and quota purchased prior to March 1, 1995, plus a daily deduction of 150 pounds of milk fat and 375 pounds of solids not fat. (2) If it has sold production base and pool quota subsequent to February 9, 1977, it may only deduct its original pool quota, and quota purchased prior to March 1, 1995. (f) The deductions from class 1 sales authorized pursuant to this section may be made irrespective of the fact that the average class 1 usage in the pool for that month may be less than 100 percent of the pool quota in that pool. (g) Any production subject to this section from the producer-handler selecting this option shall not have the right to participate in the quota pool, irrespective of the fact that the producer-handler did not sell all of the quota as class 1, and will participate in either the base pool or the overbase pool depending upon whether the total production base of the producer is sufficient to cover the milk delivered in excess of the class 1 usage exempted hereunder, otherwise the production in excess of the exempt producer-handler’s own class 1 sales, as defined in this section, shall be accounted for as overbase milk. (h) The fact that a producer-handler qualifies as to one of its milk production operations under this section does not prevent it from operating on an entirely separate nonqualifying basis (and, therefore, subject to pooling) at other milk production facilities, and with other nonqualifying persons at these other milk production facilities. A producer-handler can neither buy nor sell pool quota and transfer therewith the option granted under this section, but this shall not prevent him or her from purchasing or selling pool quota or production base as otherwise provided in this chapter. (i) If at any time ownership, as defined in this section, ceases, the producer-handler shall no longer be eligible for the options in this section, shall account to the pool as a separate handler, and shall be entitled to reentry into producer participation in the pool on the same basis as a producer-handler may under the last paragraph of Section 62708. (Repealed and added by Stats. 1995, Ch. 174, Sec. 2. Effective January 1, 1996.)
  101. 6271.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6271. The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies of the resolution to the board of directors of each of the other districts. The board shall send a certified copy of the resolution to the board of supervisors of the county in which is located the largest area of winegrape acreage of the proposed consolidated district, and a copy of the resolution to the board of supervisors of each of the other counties in which is located any part of the proposed consolidated district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  102. 62710.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    Milk production base and pool quota belong to the individual producer, are held by the cooperative association, and can be transferred only as allowed by the association’s governing documents or marketing agreements.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62710. The production base and the pool quota for milk shipped through a cooperative association shall belong to the individual producer but shall be assigned to the custody and control of the cooperative association and the production base and pool quota may be transferred only in accordance with the articles of incorporation, bylaws, or marketing agreements of such association. The cooperative association shall continue to be treated as a single producer, both for producer payment purposes and for pool settlement purposes. (Added by Stats. 1967, Ch. 927.)
  103. 62711.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This section sets how producers are paid for fluid milk under the pool system and requires restricted use market milk to be credited at the lower of class 4a or class 4b price when calculating pool value.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62711. (a) Except as provided in subdivision (h) of Section 62707, each producer shall be paid the highest usage for that amount of his or her fluid milk production that is equal to his or her pool quota and shall be paid the next highest usage for the difference between his or her pool quota and his or her production base under the production pool designated pursuant to this chapter and the lowest usage for all milk produced in excess of his or her production base under the overproduction pool designated pursuant to this chapter. (b) In calculating the pool value, the volume of milk that has been classified as restricted use market milk shall be credited to the handler at the class 4a or class 4b price, whichever is lower. (Amended by Stats. 1996, Ch. 759, Sec. 26. Effective January 1, 1997.)
  104. 62712.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The secretary may require handlers to file reports, can inspect records and facilities, and may impose a $100 civil penalty for a missed reporting date.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62712. (a) The secretary may require handlers, including cooperative associations acting as handlers, to make reports at any intervals and in any detail that he or she finds necessary for the operation of the pool. The secretary may impose and collect a civil penalty of one hundred dollars ($100) from any handler or cooperative association acting as a handler that does not file a report on the date specified by the secretary pursuant to this subdivision. Any funds collected pursuant to this subdivision shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, the funds may be expended for the purposes of this chapter. (b) For the purposes of enforcing this chapter, the secretary, through his or her duly authorized representatives and agents, shall have access to the records of every producer and handler. The secretary shall have at all times, free and unimpeded access to any building, yard, warehouse, store, manufacturing facility, or transportation facility in which any market milk or market milk product is produced, bought, sold, stored, bottled, handled, or manufactured. Any books, papers, records, documents, or reports made to, acquired by, prepared by, or maintained by the secretary pursuant to this chapter, which would disclose any information about finances, financial status, or worth, composition, market share, or business operations of any producer or handler, excluding information that solely reflects transfers of production base and pool quota among producers, is confidential and shall not be disclosed to any person other than the person from whom the information was received, except pursuant to the final order of a court with jurisdiction, or as necessary for the proper determination of any proceeding before the secretary. (c) In conjunction with the pools authorized by this chapter, the secretary may require handlers to make payments into a settlement fund for fluid milk received and the secretary may provide for the disbursement of moneys from the settlement fund in the course of administering the pools. Handlers who have a financial obligation to the pool resulting from the operation of the pooling plan shall pay the obligations to the pool manager each month as requested. All of these moneys shall be deposited in a bank or banks approved by the secretary, and shall be paid out by the pool manager to handlers who have pool credits resulting from the operation of the pooling plan. All financial operations of each pool shall be audited by the department at least once annually. The secretary may require handlers to make such deductions from amounts due to producers as he or she finds are necessary to establish a reserve fund to insure prompt payment to producers. (d) The secretary may employ a pool manager to operate each pool and may permit the pool manager to employ such other necessary personnel and incur such expenses incidental to the operation of the pool as the secretary finds are necessary. The pool manager shall effectuate the purposes of Section 62711 by designating the percentage of each price class (i.e., classes 1, 2, 3, 4a, and 4b) to be paid within each pool settlement classification (i.e., quota pool, production pool, and overproduction pool), and in so doing he or she shall allocate the highest usage available, first to the quota pool, next to the production pool, and last to the overproduction pool. (e) All pool quotas initially determined pursuant to Section 62707 shall be recognized and shall not in any way be diminished. (Amended by Stats. 1994, Ch. 95, Sec. 48. Effective June 6, 1994.)
  105. 62714.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    Distributors must report pool-related receipts and usage information to the director after pools are established, and the director may enter, inspect, and copy relevant records and premises.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62714. After the director has established pools, each distributor shall report to the director the total receipts from the producers that are shipping to the distributor and the class 1, class 2, class 3, class 4a, and class 4b usage of the distributor and any other information determined by the director as necessary to carry out the operation of the pool. The director shall have access to, and may enter during business hours, the premises of any distributor, handler, or producer, or any place where the books, papers, records, or documents pertaining to any transaction which relates to the acquisition or disposition of milk are kept. The director may inspect and copy these books, papers, records, or documents in any place within the state. (Amended by Stats. 1982, Ch. 135, Sec. 4. Effective March 25, 1982.)
  106. 62715.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    A milk distributor may set stricter quality standards than public authorities, reject milk that does not meet them, and the contract must let producers resell rejected 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62715. Any individual distributor purchasing milk from a producer shall continue to have the right to specify quality requirements that are more stringent than standards set by public regulatory or health authorities, and to specify these standards in a contract with the producer, provided that all contract quality requirements by the distributor are identical as to all producers under contract with that distributor. The distributor may reject milk for class 1 purposes if it fails to meet these specified standards, and may continue to reject such milk continuously until it again meets these standards. Any such rejected milk must be picked up separately from all other milk, and the contract shall give the producers the unqualified right to sell this rejected milk to others. In the event the rejected milk is not sold or used for class 1 purposes, the producer’s pool quota shall be reduced by an amount equal to the amount of pool quota milk rejected during the period in which it is rejected. The producer’s pool quota shall be restored to its full amount when all his production meets the specified standards. The quality standards specified shall be subject to review by the director, and the purported failure of a producer to meet these standards shall be subject to impartial laboratory tests or such other procedures as the director may find necessary to prevent abuse. (Added by Stats. 1967, Ch. 927.)
  107. 62716.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    After a required hearing, the director must send the pooling plan to affected producers for a statewide referendum, prepare the ballot, keep individual votes confidential, and set the referendum for 60 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62716. Following the required hearing, the director shall submit the pooling plan to producers concerned for their approval or disapproval in a statewide referendum. The approval or disapproval of individual producers voting in this referendum shall be kept confidential. Each producer shall have one vote and such vote shall be individually cast so that there will be no block voting. The director shall prepare a ballot. The ballot form shall be substantially as follows: Ballot Shall the proposed pooling plan be made effective? Yes ____No ____ In addition, the ballot shall include a statement of the voter’s total production during the calendar month next preceding the month of the commencement of the referendum period, where and to whom such production was sold or otherwise disposed, and the producer’s name and address. The director may reveal the names of producers whose votes have been received to both proponents and opponents of the plan. The referendum shall be set for a period of 60 days. The director may at his own discretion or upon a proper showing, extend the referendum for a period not to exceed 30 days. (Amended by Stats. 1968, Ch. 606.)
  108. 62717.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director must put a proposed pooling plan into effect if statewide producer assent is found, and may later amend, resubmit, or terminate the plan under the stated voting, hearing, and petition conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62717. If the director finds that producers on a statewide basis have assented in writing to the proposed pooling plan submitted to them for assent, the director shall place the proposed pooling plan into effect. The director shall find that producers have assented to the plan if he finds on a statewide basis that not less than 51 percent of the total number of eligible producers in the state shall have voted in the referendum and finds one of the following: (a) Sixty-five percent or more of the total number of eligible producers who voted in the referendum who produced 51 percent or more of the total amount of fluid milk produced in the state during the calendar month next preceding the month of the commencement of the referendum period by all producers who voted in the referendum approve the plan. (b) Fifty-one percent or more of the total number of eligible producers who voted in the referendum who produced 65 percent or more of the total amount of fluid milk produced in the state during the calendar month next preceding the month of the commencement of the referendum period by all producers who voted in the referendum, approve the plan. If the plan is not approved, the director may resubmit the plan, or submit a new plan, at any time after six months from the date the director announces the plan was not approved. The director may amend the plan, after notice and public hearing has been given in the same manner as is provided in Chapter 2 (commencing with Section 61801) for stabilization and marketing plans, if he finds that the amendment is necessary to effectuate the purposes of this chapter. After the hearing, the director, upon his own motion, may make nonsubstantive amendments to the plan. The director may make substantive amendments to the plan only if producers assent to the proposed amendments at a referendum conducted in the same manner and in the same number as provided for the referendum approving the pooling plan. The director may terminate the plan on a statewide basis after notice and public hearing has been given in the same manner as is provided in Chapter 2 (commencing with Section 61801) for stabilization and marketing plans, if he finds that the plan is no longer in conformity with the standards described in, or will not tend to effectuate the purposes of, this chapter. The hearing may be held upon the motion of the director, and shall be held upon receipt of a petition signed by producers representing not less than 25 percent of the total number of all producers and not less than 25 percent of the total production of all producers. The director shall submit the termination of the plan on a statewide basis in a referendum conducted in the same manner as provided for initial approval of the plan if, after notice and public hearing has been given in the same manner as is provided in Chapter 2 (commencing with Section 61801) for stabilization and marketing plans, he finds that a substantial question exists as to whether or not producers desire the plan to continue and shall submit the plan for termination upon receipt of a petition requesting termination signed by producers representing not less than 25 percent of the total number of all producers and not less than 25 percent of the total production of all producers. The plan shall be terminated if termination is favored by the same percentage of producers producing the same amount of fluid milk as required to initiate the plan. (Amended by Stats. 1982, Ch. 751, Sec. 36.)
  109. 62718.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director administers the pools, and each distributor must deduct and pay a pool administration fee to the director within the stated deadline.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62718. The pools established shall be administered by the director. Each distributor shall deduct from moneys owed producers and pay to the director the amount necessary to cover the cost of administering the pool plan, but not to exceed two cents ($0.02) per hundredweight of fluid milk. The amount of such fee shall be paid to the director on or before the 30th day following the last day of the month in which such fluid milk or fluid cream was received. The director may fix such fee at a lesser amount and may adjust such fee from time to time. In the event any distributor fails to pay to the director the fee provided for in this section on or before the date specified in this section, the director may add to such unpaid fee an amount not exceeding 10 percent of such unpaid fee to defray the cost of enforcing the collection of such unpaid fee. The distributor shall not be entitled to pass this penalty on to the producer. All moneys received under the provisions of this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Fund. (Added by Stats. 1967, Ch. 927.)
  110. 62719.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director must appoint and maintain a review board with at least 12 members, and the board must meet eligibility, term, nomination, and representation 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62719. The director shall, from nominations submitted by producers, appoint a review board composed of no less than 12 members to advise him in the administration of the pool plan. The director shall appoint three members of the first board for a one-year term, three members for two-year terms, three members for three-year terms, and three members for four-year terms. Thereafter all appointments shall be for a term of four years and no member may be appointed to more than two four-year terms. The board members shall be producers and not more than three may be producer-managers of associations and not more than two shall be producer-handlers. The board members shall give proportionate representation to all areas of the state, with due regard to the relative production and usage of fluid milk in the various areas of the state. The director may appoint one additional member on the board, who shall be a public member. Each member of the review board shall be paid not less than twenty-five dollars ($25) or more than thirty-five dollars ($35) per day plus travel expenses, including expenses for lodging and meals, which are incurred in the attendance at board meetings or in conducting the business of the board; all per diem and expenses being subject to approval by the director. Upon the director’s request, the 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 the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board. (Amended by Stats. 1978, Ch. 188.)
  111. 62719.1.

    ## 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The provision states that producers on the review board are meant to represent and advance the interests of the particular agricultural industry involved, and that this serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62719.1. It is hereby declared, as a matter of legislative determination, that producers appointed to the review board pursuant to Section 62719 are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1976, Ch. 1429.)
  112. 6272.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The relevant county board of supervisors must set a time and place for a hearing on the proposal.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6272. The board of supervisors of the county in which is located the largest area of winegrape acreage of the proposed consolidated district shall fix a time and place for hearing the proposal. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Article 2 (commencing with Section 6210). (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  113. 62720.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    Pooling plans under this chapter must not restrict the free movement of fluid milk or create unequal raw product costs among distributors in the same 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62720. No pooling plan formulated pursuant to this chapter shall restrict the free movement of fluid milk and no pooling plan shall result in an unequal raw product cost between distributors in the same marketing areas. (Added by Stats. 1967, Ch. 927.)
  114. 62721.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    A pooling plan may not control fluid milk production unless this chapter specifically authorizes 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62721. No pooling plan shall control the production of fluid milk except insofar as may otherwise be specifically authorized in this chapter. (Added by Stats. 1967, Ch. 927.)
  115. 62722.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    Pooling plans generally do not apply to goats milk or to low-volume producer-handlers unless they ask to join at the initial plan adoption. Certain certified milk or guaranteed raw milk producers may choose coverage or exclusion, and excluded producers may later join under limited quota/base terms. Producers who lose an exemption are automatically treated as having applied and become part of a producer pool on the next September 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62722. Pooling plans shall not apply to the production of goats milk or producer-handlers who produce and sell less than 500 gallons of fluid milk used for class 1 purposes per day unless they specifically request entry into the pool at the time of the adoption of the initial pooling plan for that area. Producers of certified milk or guaranteed raw milk shall have the option, at the time of the adoption of the initial pooling plan under this chapter, to be subject to the plan, and accordingly to have a production base and pool quota established for the producer, or to be excluded from the plan. (a) Any such producer of less than 500 gallons of fluid milk per day, or any such producer of certified milk, or any such producer of guaranteed raw milk, electing to be excluded from the plan, may at any later time be admitted to the pool, but with only the production base and pool quota to which he or she would have originally been entitled or his or her existing production and average daily class 1 usage during the 12 months preceding his or her entry into the pool, whichever is less. (b) Any producer claiming exemptions from the provision of any pooling plan by reason of the provisions of Section 62708, 62708.1, or this section, who loses his or her exemption by failure to meet the requirements for exemptions set forth in those sections shall automatically be deemed to have applied for and become a part of a producer pool on September 1st following any year ended August 31st during which the director determines he or she is no longer entitled to exemption, and his or her admittance into such a pool shall be on the basis of the production base and pool quota calculations as set forth in those sections. (Amended by Stats. 1982, Ch. 135, Sec. 5. Effective March 25, 1982.)
  116. 62723.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This section says chapter-specific definitions apply, and it defines several terms for 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62723. Unless otherwise defined in this chapter, the definitions contained in Chapter 2 (commencing with Section 61801) govern the construction of this chapter. For the purposes of this chapter, the following definitions shall apply: (a) The terms “distributor” and “processor” shall have the same definition as the term “handler” contained in Section 61826. (b) “Equalization point” shall mean that point at which pool quota held is equal to 95 percent of production base held. (c) “Fluid cream” shall have the same definition as the term “market cream” contained in Section 61827. (d) “Fluid milk” shall have the same definition as the term “market milk” contained in Section 61828. (e) “Fluid skim milk” shall have the same definition as the term “market skim milk” contained in Section 61829. (Amended by Stats. 1982, Ch. 751, Sec. 37.)
  117. 62724.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This chapter generally does not change Chapter 1 or Chapter 2, except when needed to carry out this chapter’s purposes. If needed, the director may set minimum producer prices for fluid milk at the producer’s place of production.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62724. This chapter does not modify the provisions of Chapter 1 (commencing with Section 61301) nor Chapter 2 (commencing with Section 61801) of this part, except as may be necessary to effect the purposes of this chapter. If necessary to effect the purposes of this chapter, the director, in establishing the minimum prices which shall be paid for fluid milk to producers, may establish minimum producer prices applicable at the producer’s place of production. (Added by Stats. 1967, Ch. 927.)
  118. 62725.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director may use certain Department of Food and Agriculture Fund money to pay costs needed to make the pooling plan effective, and must repay the amount once enough fee money is available.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62725. The director is authorized to use money in the Department of Food and Agriculture Fund derived from assessments and fees collected pursuant to Chapter 2 (commencing with Section 61801), to the extent necessary to defray the expenses incident to the formulation and making effective the pooling plan pursuant to this chapter, if, as soon as sufficient money is available from fees collected pursuant to this chapter, the amount shall be repaid. (Amended by Stats. 1982, Ch. 751, Sec. 38.)
  119. 62726.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director may administer and enforce this chapter and must wind up and conclude administration and enforcement before any suspension date. If a federal milk marketing order applies and conflicts with, duplicates, or makes unnecessary parts of this chapter, those parts are suspended in the covered area while the federal order exists.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62726. 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 which is expressed in this chapter, and is hereby vested with the administrative authority which is 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, prior to the suspension date. (Added by Stats. 1967, Ch. 927.)
  120. 62727.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This section says the chapter should be read broadly, and that if part of it is invalid, the rest still stands.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62727. It is the intent of the Legislature that the power conferred in this chapter shall be liberally construed. The provisions of this chapter or subsequent amendment are severable. If any section, subdivision, paragraph, sentence, clause, or phrase of this chapter should be declared or held unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect the validity of any other provision of this chapter. The Legislature hereby declares that it would have enacted each other such section, subdivision, paragraph, sentence, clause, or phrase of this chapter irrespective of the fact that one or more sections, subdivisions, paragraphs, sentences, clauses, or phrases has been declared unconstitutional or invalid. Provided further that any such finding of invalidity or unconstitutionality shall not invalidate, affect or impair pool quotas and production bases heretofore issued under the Gonsalves Milk Pooling Act or pooling plan promulgated thereunder. (Added by Stats. 1977, Ch. 1192.)
  121. 62728.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director must end a pooling plan in a marketing area when the related stabilization and marketing plan stops being in effect, unless a qualifying federal milk marketing agreement or order applies to fluid milk 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62728. The director shall terminate any pooling plan in effect in any marketing area without notice or hearing at any time that there ceases to be a stabilization and marketing plan in force and effect in such marketing area, establishing minimum prices to be paid to producers, unless minimum prices payable by distributors to producers for fluid milk in such marketing area are subject to a federal milk marketing agreement or order which is not in conflict with, or in duplication of, the pooling plan. (Added by Stats. 1967, Ch. 927.)
  122. 62729.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    The director and certain staff are authorized to travel out of state 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 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62729. The director or his assistants, deputies, agents, or other employees, are authorized to travel out-of-state in order to carry out the purposes of this chapter. (Added by Stats. 1967, Ch. 927.)
  123. 6273.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    If the board of supervisors finds consolidation feasible and in the growers’ best interests, it must adopt a resolution declaring the districts consolidated and naming the new district with “consolidated” in the title.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6273. If the board of supervisors determines that consolidation is feasible and in the best interests of the winegrape growers of the respective districts, it shall, by resolution duly adopted, declare the districts consolidated into one district, giving the consolidated district a name that includes the term “consolidated.” Certified copies of the resolution shall be filed with the Secretary of State and, for record, with the county recorder of each county in which is located any part of the consolidated district. Upon the filing, the districts are consolidated into a single consolidated district with all the rights, privileges, and powers of a district. The consolidated district shall succeed to all the funds and other property, and is subject to all the indebtedness, bonded and otherwise, of the districts consolidated. Each district that is included in the consolidated district shall continue in existence for the purpose of representation on the board of the consolidated district, and for the purpose of levying, assessing, and collecting assessments for district purposes. The board of the consolidated district is, however, the board of each district that is included in the consolidated district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  124. 62730.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    Violating this chapter or regulations adopted under it is punishable and treated the same as a violation of Chapter 2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62730. Any violation of any provision of this chapter, or any regulations adopted pursuant to this chapter, shall be punishable, and shall have the same effect, as a violation of Chapter 2 (commencing with Section 61801). (Amended by Stats. 1982, Ch. 751, Sec. 39.)
  125. 62731.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. )

    Verify source ↗

    This chapter is named the Gonsalves Milk Pooling Act.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Equalization Pools [62700 - 62731] ( Chapter 3 added by Stats. 1967, Ch. 927. ) ## 62731. This chapter shall be known as the Gonsalves Milk Pooling Act. (Added by Stats. 1967, Ch. 927.)
  126. 6274.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    When two or more districts are consolidated, the county board of supervisors for the county with the largest winegrape acreage must immediately appoint the district’s board of directors, and the board must meet minimum membership and representation rules.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6274. Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of winegrape acreage shall immediately appoint a board of directors of at least five members, including at least one member from each of the districts that are included in the consolidated district, and at least two members from each county, if districts located in more than one county are included in the consolidated district. If any of the districts that are included in the consolidated district includes more than 15,000 acres of winegrape acreage, the board of directors shall be increased by one additional director for each 10,000 acres, or fraction of 10,000 acres, in any one district that is included in the consolidated district. If the consolidated districts are located in more than two counties, the board of directors of the consolidated district shall have at least seven members. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  127. 6275.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    A consolidated district board has the same duties and powers as other district boards, and its members must be appointed and serve for the same term as those directors.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6275. The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to this chapter. The members of the consolidated board shall be appointed in the same manner and serve for the same term as the directors of any other district organized pursuant to this chapter. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  128. 62750.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    Producers must be paid amounts calculated under this section for quota production and production above quota.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62750. Notwithstanding any provision of Chapter 3 (commencing with Section 62700) in conflict with this section or any pooling plan for market milk in effect under that chapter, effective January 1, 1994, each producer shall be paid the amounts determined in accordance with this section for his or her pool quota production and for all production in excess of his or her pool quota. (a) For all milk fat, whether or not equal to his or her pool quota, an amount determined by dividing the value of all milk fat in the pool by the amount of milk fat produced. (b) Transportation allowances that are provided for in the pooling plan shall not be deducted from the quota milk of any region, but shall be deducted from the total solids not fat pool revenue before any price is determined for quota and nonquota solids not fat. (c) Regional quota adjusters shall continue to be subtracted from the quota price in the established areas as specified in the pooling plan for market milk. However, the hundredweight price specified shall be converted to a solids not fat equivalent value, and the adjustments for the effect of those regional quota adjusters shall be applied to the solids not fat revenue. (d) After taking into consideration the effect of the regional quota adjusters, the solids not fat announced quota price for those areas in which there is no regional quota adjuster shall be nineteen and one-half cents ($0.195) per pound greater than the announced solids not fat price for all milk produced in excess of pool quota. (Amended by Stats. 1994, Ch. 601, Sec. 1.5. Effective January 1, 1995.)
  129. 62750.1.

    ## 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 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    When calculating pool value, restricted use market milk must be credited to the handler at the lower of the class 4a or class 4b price.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62750.1. In calculating the pool value, the volume of milk that has been classified as restricted use market milk shall be credited to the handler at the class 4a or class 4b price, whichever is lower. (Added by Stats. 1996, Ch. 759, Sec. 27. Effective January 1, 1997.)
  130. 62751.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    This chapter stays in effect unless Section 62756 applies, and it remains operative until the secretary certifies to the Secretary of State that producers voted to suspend 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 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62751. Except as provided in Section 62756, this chapter shall remain operative until the secretary certifies to the Secretary of State that producers have voted in a referendum to suspend the operation of this chapter. (Repealed and added by Stats. 1994, Ch. 601, Sec. 3. Effective January 1, 1995.)
  131. 62752.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary may hold a public hearing at any time to consider suspending this chapter, and must hold a public hearing to review a suspension petition meeting the stated producer and milk-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 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62752. The secretary may hold a public hearing at any time to consider whether this chapter shall be suspended, and shall hold a public hearing to review a petition requesting the suspension of this chapter signed by not less than 25 percent of the producers who produced not less than 25 percent of the total amount of fluid milk produced in this state during the preceding calendar month. (Added by Stats. 1994, Ch. 601, Sec. 4. Effective January 1, 1995.)
  132. 62753.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary must set a 60-day referendum period and may extend it by up to 30 more days if needed; the secretary may also set additional procedures for the referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62753. The secretary shall establish a period of 60 days in which to conduct the referendum. The secretary may extend the referendum period an additional 30 days if he or she determines that the additional time is needed to adequately conduct the referendum, and may prescribe additional procedures necessary to conduct the referendum. (Added by Stats. 1994, Ch. 601, Sec. 5. Effective January 1, 1995.)
  133. 62754.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    Each producer gets one individually cast vote, and the secretary must prepare a ballot with specified production and producer 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 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62754. (a) Each producer shall have one vote and the vote shall be individually cast in order to prevent block voting. The secretary shall prepare a ballot. The ballot form shall be substantially as follows: Ballot Shall Chapter 3.5 (commencing with Section 62750) of Part 3 of Division 21 of the Food and Agricultural Code be continued in effect? YesNo (b) In addition, the ballot shall include a statement of the voter’s total production during the calendar month next preceding the month of the commencement of the referendum period, where and to whom that production was sold or otherwise disposed, and the producer’s name and address and pooling numbers. (Added by Stats. 1994, Ch. 601, Sec. 6. Effective January 1, 1995.)
  134. 62755.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary must determine whether producers approved the chapter’s continued operation based on the stated referendum thresholds, and if not approved, certify that result and declare the chapter inoperative. The secretary may share producers’ names with proponents and opponents, but individual votes must remain confidential.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62755. (a) The secretary shall find that producers have assented to the continued operation of this chapter if the secretary finds on a statewide basis that not less than 51 percent of the total number of eligible producers in the state have voted in the referendum and that 51 percent or more of the total number of eligible producers who voted in the referendum and who produced 51 percent or more of the total amount of fluid milk produced in the state during the calendar month next preceding the month of the commencement of the referendum period by all producers who voted in the referendum, approve the continued operation of this chapter. (b) If the secretary finds that a vote favorable to the continued operation of this chapter has not been given, the secretary shall so certify to the Secretary of State and shall declare this chapter inoperative. (c) The secretary may reveal the names of producers whose votes have been received to both proponents and opponents of the continued operation of this chapter. However, whether individual producers voted for or against the continued operation of this chapter shall be kept confidential. (Added by Stats. 1994, Ch. 601, Sec. 7. Effective January 1, 1995.)
  135. 62756.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    If this chapter is not approved to continue, the secretary must keep the existing milk pooling plan in place.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62756. (a) If the continued operation of this chapter is not approved, the secretary shall continue in operation the pooling plan in effect on December 31, 1993. (b) Notwithstanding Section 62751, this section shall remain operative notwithstanding a vote by producers to suspend the operation of this chapter. (Added by Stats. 1994, Ch. 601, Sec. 8. Effective January 1, 1995.)
  136. 62757.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. )

    Verify source ↗

    If a federal milk marketing order exists in California, the secretary may create a stand-alone quota program and may require handlers to file reports needed to run 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 3.5. Milk Pooling [62750 - 62757] ( Chapter 3.5 added by Stats. 1993, Ch. 1112, Sec. 4. ) ## 62757. (a) If a federal milk marketing order is established in California, the secretary is authorized to establish a stand-alone quota program, the details of which shall be included in the pooling plan. The stand-alone quota program may be funded by an assessment on milk produced in the state. (b) The secretary may require handlers, including cooperative associations acting as handlers, to make reports necessary for the operation of the stand-alone quota program. (c) The stand-alone quota program shall be pursuant to a recommendation by the review board established pursuant to Section 62719 and approved by a statewide referendum of producers conducted pursuant to Sections 62716 and 62717. (Added by Stats. 2017, Ch. 26, Sec. 38. (SB 92) Effective June 27, 2017.)
  137. 6276.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    A district in a consolidated district may withdraw and become a separate district if it files a withdrawal petition signed by owners of at least 51% of the winegrape land area.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 7. Consolidation [6270 - 6276] ( Article 7 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6276. Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing with the board of directors of the consolidated district a petition for withdrawal that is signed by the owners of not less than 51 percent, by area, of winegrape land in the district. The board of directors of the consolidated district shall send the original petition to the board of supervisors of the county in which the withdrawing district is located, and a copy of the petition to the board of supervisors of each of the other counties in which is located any part of the consolidated district. Upon receipt of a petition for withdrawal, the board of supervisors of the county in which the withdrawing district is located shall fix a time and place for hearing the petition. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district under Article 2 (commencing with Section 6210). Upon withdrawal of a district, all moneys collected from the district for the use of the consolidated district, and all property purchased with these moneys, shall remain the property of the consolidated district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  138. 62765.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.6. Dairy Marketing Study [62765- 62765.] ( Chapter 3.6 added by Stats. 2001, Ch. 828, Sec. 1. )

    Verify source ↗

    The Department of Food and Agriculture must complete a study on proposals affecting regulated milk pricing and pooling programs, after consulting its dairy advisory committee, and submit the study to specified committee chairpersons.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3.6. Dairy Marketing Study [62765- 62765.] ( Chapter 3.6 added by Stats. 2001, Ch. 828, Sec. 1. ) ## 62765. The Department of Food and Agriculture, after consulting with its dairy advisory committee, shall complete a study of various proposals affecting regulated milk pricing and pooling programs by April 15, 2002. In particular, it shall study the following: (a) The impact of the current federal forward price contract program on the regulated pricing and pooling programs operating in federal milk marketing orders and review other risk management tools available to dairy farmers and dairy processors. (b) The impact of current forward price contract programs administered by California dairy farmer cooperatives on participating producers, on proprietary processors in procuring milk, and on affected products in the marketplace and the comparability of those programs with those operating within federal milk marketing orders. (c) The impact of the various forward contract programs in use or proposed on pool revenue and price when those contracts are performed within the California milk pooling program. (d) The impact of the various forward contract programs in use or proposed on pool revenue and price when those contracts are performed outside the California milk pooling program. (e) The study may also include a review of the impact of requiring class 2 and 3 milk to be reported to the pool. (f) A review of the advantages and disadvantages of a protein pricing payment system that is similar to the system used in federal milk marketing orders. (g) This study shall be submitted to the respective chairpersons of the Senate Committee on Agriculture and Water Resources and the Assembly Committee on Agriculture. (Added by Stats. 2001, Ch. 828, Sec. 1. Effective October 13, 2001.)
  139. 6280.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    If a dissolution petition is filed and signed by owners of at least 60% of the district’s winegrape acreage, the board of supervisors must set a hearing date and place.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6280. Upon the filing of a petition with the board of supervisors, signed by the owners of not less than 60 percent by area of the winegrape acreage in the district, requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, or more than 40 days, after the filing of the petition. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  140. 62801.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 1. Contract Requirements [62801 - 62803] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Contracts for the sale of edible nuts must be in writing and must state the full purchase price and price-determination method, subject to specified 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 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 1. Contract Requirements [62801 - 62803] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 62801. Except as otherwise provided in Section 62803, or unless the parties agree otherwise, every contract for the sale of edible nuts shall be in writing and shall state the full purchase price in a definite sum which is to be paid in accordance with the terms of the contract and, if the price is to be paid upon the basis of units or measures, the contract shall specify or describe the unit and state the full unit price. Written contracts under this section shall state the method by which the price is to be determined. (Amended by Stats. 1983, Ch. 651, Sec. 1. Effective September 7, 1983.)
  141. 62802.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 1. Contract Requirements [62801 - 62803] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a purchaser receives edible nuts under a contract that violates this article, the purchaser is liable to the seller for the nuts’ reasonable value and an added penalty.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 1. Contract Requirements [62801 - 62803] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 62802. Any purchaser of edible nuts which are delivered pursuant to a contract entered into on or after the effective date of the act amending this section in the 1983–84 Regular Session of the Legislature and which is in violation of this article is liable to the seller for the reasonable value of the nuts as of the time of delivery and, in addition, is liable to the seller for a penalty of twice the difference between any amounts paid to the seller and the reasonable value of the nuts at the time of delivery. Any purchaser of edible nuts which are delivered pursuant to a contract that was entered into prior to the effective date of the act amending this section in the 1983–84 session which is in violation of this article is liable to the seller for the reasonable value of the nuts as of the time of delivery and, in addition, is liable to the seller for a penalty of twice the reasonable value of the nuts. (Amended by Stats. 1983, Ch. 651, Sec. 2. Effective September 7, 1983.)
  142. 62803.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 1. Contract Requirements [62801 - 62803] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article does not apply to certain contracts involving members of cooperative agricultural marketing associations.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 1. Contract Requirements [62801 - 62803] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 62803. This article is not applicable to any contract between any member of any cooperative agricultural marketing association, which is operating under, and by virtue of, the laws of this state, any other state, the District of Columbia, or the United States, and the cooperative agricultural marketing association. (Enacted by Stats. 1967, Ch. 15.)
  143. 6281.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board of supervisors must give notice of the time and place set for the hearing on a petition to dissolve the district.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Winegrape Pest and Disease Control District Law [6200 - 6290] ( Chapter 12 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## ARTICLE 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6281. The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  144. 6282.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The notice of hearing must include specified information about a district dissolution petition, where the petition can be inspected, when and where the hearing will be held, and that protests will be considered.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6282. The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That the petition is available for inspection at the offices of the board of supervisors. (c) The time and place for the hearing. (d) That at the hearing protests against the dissolution of the district shall be considered by the board of supervisors. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  145. 6283.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Notice of the hearing must be published in a newspaper of general circulation that is 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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6283. 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.)
  146. 62831.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    County commissioners must enforce this article as it relates to required recordkeeping, under the director’s supervision.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 62831. The commissioner of each county, under the supervision of the director, shall enforce this article insofar as it relates to the keeping of the records which are required to be kept by this article. (Enacted by Stats. 1967, Ch. 15.)
  147. 62832.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Buyers of English walnuts or almonds for processing or resale must keep seller-identification records, with an extra delivery record if the nuts arrive by motor vehicle.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 62832. Every person that purchases English walnuts or almonds for purposes of processing or resale from any person, except a licensed dealer, broker, commission merchant, agricultural cooperative, or wholesaler, shall keep a record of the name and address of the person from whom each lot of such walnuts or almonds was purchased. If such walnuts or almonds are delivered to the purchaser by motor vehicle, the purchaser shall record either the license number of the vehicle or the driver’s license number of the person who makes delivery of each lot of such nuts. (Enacted by Stats. 1967, Ch. 15.)
  148. 62833.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The required record and statement must be kept for one year, starting from the later of purchase or delivery, and must be shown for inspection when a peace officer requests 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 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 62833. The record and statement required to be made by this article shall be kept for one year from the date of purchase or delivery, whichever is later, and shall be made available for inspection upon request by any peace officer. (Enacted by Stats. 1967, Ch. 15.)
  149. 62834.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating this article is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Marketing of Edible Nuts [62801 - 62834] ( Heading of Chapter 4 renumbered from Chapter 3 by Stats. 1967, Ch. 927. ) ## ARTICLE 2. Records [62831 - 62834] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 62834. Any violation of this article is a misdemeanor. (Enacted by Stats. 1967, Ch. 15.)
  150. 6284.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6284. 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.)
  151. 6285.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    If the board of supervisors finds at the hearing that dissolving the district will benefit the county’s winegrape industry, it must dissolve the district by resolution.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6285. If, at the hearing, a majority of the membership of the board of supervisors find that the dissolution of the district will benefit the winegrape industry of the county, it shall, by resolution, dissolve the district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  152. 6286.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board of supervisors must record a certified copy of the resolution with the county recorder and file a certified copy with the Secretary of State; then the district is dissolved.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6286. The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of the same with the Secretary of State. Thereupon, the district is dissolved for all purposes. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  153. 6287.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    When a winegrape pest and disease control district is dissolved, its property within a city automatically vests in that city, and property outside a city vests in the county where it is located.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6287. Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city shall vest absolutely in the city. If the property is situated outside the corporate limits of a city, it shall vest in the county in which the property is situated. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  154. 6288.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    The board of supervisors serves as the dissolved district’s governing body and may take actions needed to wind up the district and collect money for unpaid debts.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6288. The board of supervisors is ex officio the governing body of the dissolved district. It may levy such assessments and perform such other acts as may be necessary to wind up the affairs of the district and to raise money for the payment of any outstanding indebtedness. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  155. 6289.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    Unsettled district claims and accounts must be submitted to the county board of supervisors after 90 days and then approved and paid from the dissolved district’s funds.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6289. All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to Section 6286 shall be presented to the board of supervisors of the county in which the district was located, or in the case of a consolidated district to the board of supervisors of the county in which is located the largest area of winegrape acreage, and shall be passed and approved by the board of supervisors in the same manner as county claims and shall be paid out of the funds of the dissolved district. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  156. 6290.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. )

    Verify source ↗

    If district funds are not enough to pay claims, the board of supervisors must levy a special assessment on benefited winegrape acreage; for a consolidated district, each county board must levy an assessment using a county ratio formula.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6280 - 6290] ( Article 8 added by Stats. 1993, Ch. 1078, Sec. 1. ) ## 6290. If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6289, the board of supervisors shall, at the time of levying the next general county taxes, levy a special assessment upon the net acreage devoted to the growing of winegrapes that benefited from the dissolved district in an amount sufficient to discharge all outstanding claims and accounts against the district. In the case of a consolidated district, the board of supervisors of each county in which a portion of the district is located shall levy a special assessment based upon the ratio that the proportion of outstanding claims and accounts bears to the net acreage of the district in each county. (Added by Stats. 1993, Ch. 1078, Sec. 1. Effective October 11, 1993.)
  157. 6292.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The Legislature states findings about California winegrapes, Pierce’s disease, and other pests, and says this chapter is for public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6292. The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 91 percent of total United States wine production and 72 percent of total wine sales in the United States. (b) Winegrapes are grown in virtually every county for processing by more than 800 wineries located throughout the state. (c) California grows more than 554,000 acres of winegrapes producing 3.3 million tons of grapes per year valued at more than one billion nine hundred million dollars ($1,900,000,000), with a direct and indirect impact on the state’s economy totaling more than thirty-three billion dollars ($33,000,000,000). Napa Valley contributes more than four billion dollars ($4,000,000,000) to that total. (d) Destructive pests and diseases, including winegrape pests and diseases, pose a significant and imminent threat to California’s important grape and wine industry. (e) The State of California has a great economic interest in protecting its agricultural products from further destruction by the Pierce’s disease vector, the glassy-winged sharpshooter, and other harmful winegrape pests and diseases, which may occur in the future. (f) Pierce’s disease has already infested grape growing acreage in many California counties, including Napa County, resulting in devastating losses to growers and the wine industry. (g) As a known vector for Pierce’s disease, the glassy-winged sharpshooter has been determined to carry and spread Pierce’s disease to many forms of California agriculture, usually with complete destruction to the infected crop. This destructive effect of the disease has been determined by experts in the viticulture field to be especially true with infected winegrapes. (h) 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. (i) This article is not intended to establish a precedent, or to supersede, reduce, or in any way alter government funding related to Pierce’s disease and other pests in this state. (j) The purposes of this article are enhanced by the many and varied efforts of the growers and marketers of other commodities related to this bacteria and its vectors. (k) The Legislature further declares that it is in the interest of the public health and welfare that the creation of districts 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 commissioner. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  158. 6292.1.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Napa County Winegrape Pest and Disease Control District Law.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6292.1. This chapter shall be known and may be cited as the Napa County Winegrape Pest and Disease Control District Law. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  159. 6292.2.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    This section states the chapter’s purpose: to provide a process for creating, running, governing, and dissolving districts that help fund inspection, detection, and education about Pierce’s disease, and to address other winegrape pests and diseases.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6292.2. It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to assist in the funding of the inspection, detection, and education of Pierce’s disease as stated in the Napa County Glassy-Winged Sharpshooter Workplan, as approved by the California Department of Food and Agriculture and accepted by the Napa County Board of Supervisors, to prevent the spread of Pierce’s disease by the glassy-winged sharpshooter. Additionally, it is the purpose of this chapter to address other pests and diseases that attack winegrape plants, and to collect and disseminate to winegrape producers in the district all relevant information and scientific studies concerning 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  160. 6292.3.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including board, district, owner, winegrape pest and disease, winegrapes, and winegrape growing acreage.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 1. Findings and Definitions [6292 - 6292.3] ( Article 1 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6292.3. 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 or entity that holds property in a trust capacity under court appointment. (d) “Winegrape pest and disease” means any pest or disease that is determined by the California Department of Food and Agriculture or the County Agricultural Commissioner to be a threat to the growing or viability of winegrapes, as defined in this section, or as defined in Section 5006. (e) “Winegrapes” means grapes produced that are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or any products thereof, including, but not limited to, high proof and brandy produced from winegrapes. (f) “Winegrape growing acreage” means any parcel of real property with one acre, or more, of winegrape plants, grapes or grape products, regardless of the use of a grape product or products. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  161. 6293.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    A Napa County district-formation proceeding starts by petition, and the petition must meet one of two ownership/signature thresholds and 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293. Proceedings for the formation of a district within Napa County shall be commenced by a petition that is either of the following: (a) Signed by 50 percent or more of the owners of 65 percent or more of the affected land. (b) Signed by 65 percent or more of the owners of 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  162. 6293.1.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    A petition may be filed in sections, and each section must meet the petition requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.1. 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  163. 6293.10.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Owners may ask the board of supervisors to exclude or include winegrape acreage in the proposed district, and a landowner must notify the district in writing within 30 days if excluded land is later planted to winegrapes.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.10. At the hearing, any owner of winegrape growing acreage in the proposed district may present to the board of supervisors a request 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 is not planted to winegrapes and will not be so planted in the foreseeable future. However, should the excluded land be planted to winegrapes, the landowner shall be required to inform the district, in writing, within 30 days of planting. 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  164. 6293.11.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    If the board of supervisors finds the petition does not meet legal requirements, it may dismiss the matter without prejudice.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.11. 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  165. 6293.12.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The board of supervisors must declare the district duly organized if it finds the project feasible and in the county winegrape growers’ interest.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.12. (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 6293.13, 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  166. 6293.13.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The board of supervisors must exclude unbenefited winegrape acreage from the district, and may include benefited acreage if it is also in the district’s interest. Inclusion can be by owner application or, without application, after notice and a hearing opportunity.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.13. (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape growing acreage that it finds will not be benefited by the proposed project, and it may include in the district any winegrape growing acreage that it finds will be benefited if it also finds it will be in the interest of the district to include that winegrape growing acreage. 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 winegrape growing acreage, 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 winegrape growing acreage in which he or she has either a legal or equitable interest. The notice shall describe the winegrape growing acreage proposed to be included, and shall state the time and place at which objections to the inclusion will be heard. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  167. 6293.2.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    A petitioner may withdraw a petition signature before the petition is 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.2. 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  168. 6293.3.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    A petition for a proposed district must state the district’s name and either set out its 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.3. (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 winegrape growing acreage in the county is to be included in the district, or that all the winegrape growing 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 winegrape growing acreage within the outside boundary. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  169. 6293.4.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    When a petition is filed, the board of supervisors must send it to the county agricultural commissioner, who must create a register of winegrape acreage owners and report whether pest or disease conditions justify organizing 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.4. (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 growing acreage within the proposed district, and for an investigation and report. (b) The agricultural commissioner shall create a register of all winegrape growing acreage owners within the proposed district describing the net acreage or size of land devoted to the growing of winegrapes. The commissioner shall file with the register a report and recommendation to the board of supervisors on whether conditions of Pierce’s disease, the glassy-winged sharpshooter, or other pest or disease warrant the board of supervisors proceeding with the organization of the district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  170. 6293.5.

    ## 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The board of supervisors must set the hearing time and place for a 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.5. (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. 2004, Ch. 118, Sec. 4. Effective January 1, 2005.)
  171. 6293.6.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The notice of hearing must include the district name, purpose, petition inspection details, proposed boundaries, hearing time and place, and notice that protests and written land exclusion or inclusion requests will be considered.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.6. 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 pursuant to this chapter. (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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  172. 6293.7.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Notice of the hearing must be published in a newspaper of general circulation in the district, and also given to all winegrape growing acreage owners within the proposed 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.7. Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. Notice of the hearing shall also be given to all winegrape growing acreage owners within the proposed district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  173. 6293.8.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.8. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  174. 6293.9.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    At the hearing, the county agricultural commissioner’s report must be received by the board of supervisors, interested persons may make oral or written protests, written protests must be filed by the final hearing, and the hearing may be continued for up to 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 2. Formation of Districts [6293 - 6293.13] ( Article 2 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6293.9. At the hearing, the report of the county agricultural commissioner shall be received by the board of supervisors. 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  175. 6294.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    When the order of organization is adopted, the board of supervisors must immediately appoint a five-member board of directors for 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294. 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. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  176. 6294.1.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    A person may serve as a district director only if they are a U.S. and California citizen and own qualifying lands in the district; board members must represent geographically diverse areas in the county.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294.1. 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 winegrapes. The district board members shall represent geographically diverse areas in the county. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  177. 6294.2.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Each director must, upon appointment, take the oath of office and file it with the county clerk.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294.2. Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  178. 6294.3.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The district must hold a public hearing before its initial term or last reauthorization ends, and the district board must send the hearing record and recommendation to the board of supervisors within 90 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294.3. (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of its first board of directors, the organization of the district is complete. The district shall operate for a period of five years from the date of its organization and shall cease to exist after five years, unless the district is reauthorized and approved by the board of supervisors. (b) The district board of directors shall hold a public hearing six months prior to the termination of its initial organization or last reauthorization to determine whether the conditions of Pierce’s disease, the glassy-winged sharpshooter or other pest or disease determined pursuant to Section 6293.4 warrant the reauthorization of the district for an additional five years. The notice of hearing shall state the name of the district and that consideration is being given to reauthorizing the district for up to an additional five years, the boundaries of the district, and the time and place for the hearing. Notice of the hearing shall be given as provided in Sections 6293.7 and 6293.8. The district board of directors shall submit the record of the hearing and its recommendation to the board of supervisors within 90 days of the hearing. (c) Following its receipt of the recommendation of the district board of directors, the board of supervisors shall approve or reject the recommendation. If the recommendation is rejected, the board of supervisors shall return the report accompanied by its reasons for the rejection to the board of directors within 30 days of receipt. The district board of directors may thereafter address the reasons for rejection by the board of supervisors and submit an amended report and new recommendations for reauthorization for approval or rejection by the board of supervisors, unless the district has ceased to exist pursuant to subdivision (a). (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  179. 6294.4.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    After the district is organized, the directors must meet and choose a chairperson, vice chairperson, and secretary. The chairperson and secretary have specific meeting, signing, and recordkeeping duties, and the vice chairperson may sign warrants when the chairperson is absent or unavailable.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294.4. (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and secretary from among their own number. (b) The chairperson shall call and preside at all meetings of the district board, sign all warrants drawn on the county treasurer, and all contracts and other documents, and the minutes of all meetings at which the chairperson is present. In case of the chairperson’s absence from a meeting, the vice chairperson shall act as chairperson pro tempore. The vice chairperson may sign warrants in place of the chairperson if the chairperson is absent from a meeting or unavailable. The secretary shall give notice of and keep the minutes of all meetings and prepare and have custody of all records and papers, and have custody of the seal of the district. The secretary shall attest all warrants drawn on the county treasury, all contracts and other documents, and shall sign the minutes of all meetings at which he or she is present. The secretary shall prepare the annual reports and any other reports required by the district board and shall prepare all notices and all calls for bids. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  180. 6294.5.

    ## 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    District board members serve one-year terms, unless the board of supervisors sets a longer term, and they continue until successors are appointed and qualified.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294.5. The members of the district board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and until the appointment and qualification of their successors. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  181. 6294.6.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    When a district board member’s term ends, the board of supervisors must appoint a successor, and it must also fill any vacancy for the unexpired term.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294.6. Upon the expiration of the term of any member of the district board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of supervisors for the unexpired term. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  182. 6294.7.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    District board members may not be paid for their services, but they may be reimbursed for actual and necessary expenses if the district board approves the expense claims.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 3. Organization of Districts [6294 - 6294.7] ( Article 3 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6294.7. The members of the district board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for those expenses have been approved by the district board. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  183. 6295.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The district is given several powers, including suing and being sued, owning and disposing of property, levying assessments, making contracts, inspecting land with notice, and doing acts needed to carry out its purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6295. The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (b) Adopt a seal and alter it at pleasure. (c) Take by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, and lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers. (d) Cause assessments to be levied, as provided in Article 5 (commencing with Section 6296), to pay any obligation of the district and to accomplish the purposes of the district in the manner provided in this chapter. (e) Make contracts, and employ, except as otherwise provided in this chapter, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, and at any salary, wage, or other compensation as the district board of directors shall determine. (f) Respond to the effects and spread of Pierce’s disease, the glassy-winged sharpshooter, and other winegrape plant pests and diseases and collect and disseminate to winegrape growers in the district all relevant information and scientific studies concerning the pest or pests or diseases, as well as to chart and determine the extent and location of any infestations. (g) With reasonable advance notice in writing to the landowner, as determined by the district, enter into or upon any land included within the boundaries of the district for the purpose of inspecting the winegrape plants and any other host plants and fruit growing on them. (h) Perform any and all acts, either within or outside the district, necessary or proper to fully and completely carry out the purposes for which the district is organized. (i) The district’s administrative costs are to be limited to 5 percent of the annual assessment revenues. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  184. 6295.1.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Districts formed under this chapter have the powers given by Section 6295 and the rest of the chapter, even if formation documents or proceedings say 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6295.1. Every district formed pursuant to this chapter has all of the powers prescribed by Section 6295 and other provisions of this chapter, regardless of any language in the petition for formation for any district or in any of the proceedings leading to the formation that would otherwise limit the power of the district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  185. 6295.2.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The county agricultural commissioner must, as far as possible and in consultation with the district board, assist the district’s pest and disease control activities.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6295.2. The county agricultural commissioner of the county in which the district is located shall, in consultation with the district board, assist the district to the extent possible in all activities undertaken by the district for the control of Pierce’s disease, the glassy-winged sharpshooter, or any other winegrape plant pests or diseases. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  186. 6295.3.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The district board must make a plan and adopt an expenditure budget after its appointment and a public hearing. An owner of winegrape growing acreage in the district may protest the budget at the hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6295.3. The district board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal year. At a public hearing on the plan and the budget, any owner of winegrape growing acreage included in the district may make written or oral protest against the budget or any item in it. The plan and the budget, as thereafter approved by the district board, shall be the plan and the budget of the district for the forthcoming fiscal year. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  187. 6295.4.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The district may add up to 20% of its total budget for its first fiscal year to cover preliminary expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6295.4. There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the budget to cover the preliminary expenses of the district, including, but not limited to, the costs of formation, before the beginning of the first fiscal year. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  188. 6295.5.

    ## 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The district board must adopt the final budget for each later fiscal year, using the same manner and timing as for the first fiscal year budget.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6295.5. For each fiscal year subsequent to the first year of operation of the district, the district board shall adopt the final budget therefor in the same manner and at the same time that the budget for the first fiscal year was adopted. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  189. 6295.6.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The board of supervisors may charge the district for county costs tied to forming the district, and the district must reimburse the county from assessments for those expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the District [6295 - 6295.6] ( Article 4 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6295.6. The board of supervisors may charge the district for actual costs incurred by the county in connection with the proceedings for the formation of the district, and the district shall reimburse the county from assessments levied for those expenses. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  190. 6296.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The county assessor must identify any parcel of real property with one acre or more of winegrape plants when making the annual assessment for 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296. The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall identify any parcel of real property with one acre, or more, of winegrape plants. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  191. 6296.1.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Acreage within the district that is planted with winegrape plants in a way that qualifies as winegrape growing acreage is subject to assessment under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.1. Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape growing acreage, the acreage is subject to assessment as provided in this article. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  192. 6296.2.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Owners may ask the district board to exclude winegrape acreage from the district, and owners outside the district may ask to be included. The board must investigate the parcel and exclude land it finds will not be benefited; if excluded land is later planted to winegrapes, the landowner must notify the district within 30 days.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.2. (a) After the district has been formed, an owner of winegrape growing acreage in the district may present to the district board a request in writing for the exclusion of that land or any part of the land from the district upon a showing that the land or part of the land will not be benefited by the activities of the district. Factors that the district board may consider in its determination for exclusion shall include an affidavit from the owner that the plants have been removed from the land and will not be replanted within the foreseeable future. However, should the excluded land be planted to winegrapes, the landowner shall be required to inform the district, in writing, within 30 days of planting. (b) After receipt of the request, the district board shall cause an investigation of the parcel of land to be made and, if the district board determines that the land or part of the land will not be benefited by the activities of the district, the district board shall exclude the winegrape acreage from the district and immediately certify this fact to the county assessor and the county auditor or tax collector. (c) Any owner of winegrape acreage outside of, or otherwise not included in, the district may present to the district board a request in writing for inclusion of the land in the district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  193. 6296.3.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The district board must file an annual budget, and the board of supervisors may levy a winegrape pest and disease control assessment subject to stated procedures and owner approval limits.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.3. (a) The district board shall, on or before the first Monday in April of each year, file with the board of supervisors a budget that sets forth all estimated expenditures of the district for the fiscal year commencing on the first day of July. A copy of the budget shall also, at the same time, be filed with the auditor of the county. The board of supervisors shall cause to be prepared and filed with the clerk of the board of supervisors a written report that contains all of the following information: (1) A description of each parcel of property proposed to be subject to the assessment. (2) The amount of the assessment of each parcel for the initial fiscal year. (3) The maximum amount of the assessment that may be levied for each parcel during any fiscal year. (4) The duration of the assessment. (5) The basis of the assessment. (6) The schedule of the assessment. (7) A description specifying the requirements for written and oral protest, and the protest threshold necessary for requiring abandonment of the proposed assessment pursuant to Section 6299. (b) The board of supervisors may, by ordinance or by resolution, adopted after complying with the notice, protest, and hearing procedures in Article 4.6 (commencing with Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and upon approval by two-thirds of the benefiting vineyard property owners, determine and levy an assessment for winegrape pest and disease control activities for any of the following purposes: (1) Responding to, managing, and controlling the effects of the spread of Pierce’s disease, the glassy-winged sharpshooter, and any other pests that attack winegrape plants. (2) Collecting and disseminating to winegrape producers in the district all relevant information and scientific studies concerning the pest, or pests, and winegrape diseases. (3) Charting and determining the extent and location of any infestations. (c) The annual assessment shall not exceed twenty dollars ($20) per planted acre. (d) (1) The district board may establish zones or areas of benefit within the district, and may restrict the imposition of assessments to areas lying within one or more of the zones or areas of benefit established within the district. (2) The assessment shall be levied on each parcel planted with winegrape plants in such a fashion as to qualify as winegrape growing acreage within the boundaries of the district, zone, or area of benefit. (e) In addition, the mailed notice shall include the name of the district, the return address of the sender, the amount of the assessment for the initial fiscal year, the maximum amount of the assessment that may be levied during any fiscal year and the name and telephone number of the person designated by the board of supervisors to answer inquiries regarding the protest proceedings. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  194. 6296.5.

    ## 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 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The county auditor must compute and enter the assessment on the assessment roll, and must levy it if the supervisors do not. Once collected, the assessment is handled like general county taxes and paid into the county treasury for the district’s use.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.5. The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as required, the auditor shall do so. The assessment shall be collected at the same time, and in the same manner as, and together with and not separate from, general county taxes, and when collected shall be paid into the county treasury for the use of the district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  195. 6296.6.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    State tax-collection rules apply here if they fit and do not conflict, and the county officers covered by this section must carry out the chapter’s duties and may be liable on their official bonds for doing so.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.6. The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this article, hereby adopted and made a part of this article. The several county officers thus referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this chapter. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  196. 6296.7.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The district must use assessment revenue only for the district’s purposes and must keep administrative spending to the minimum necessary. It generally cannot donate, loan, or transfer district funds to other local agencies or the State.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.7. The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for which the district is formed and for the benefit of the property assessed. The district shall expend the minimum amount necessary for overhead and other administrative costs. No district funds shall be donated, loaned, or transferred to any other local agency or to the State of California for any purpose, except for the implementation of the duties of the district, set forth under this chapter, as determined necessary by the district board. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  197. 6296.8.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The county treasury must hold the district’s money, and the county treasurer must receive it, credit it to the district, and safeguard and disburse it as the article requires.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.8. The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place the same to the credit of the district. The county treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner provided in this article, of all moneys of the district so held. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  198. 6296.9.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    The county treasurer may pay district money only under the warrant procedures in this section, and must file written reports on specified dates.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 5. Levy of Assessments for District Purposes [6296 - 6296.9] ( Article 5 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6296.9. (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairperson or vice chairperson and attested to by the secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairperson or vice chairperson and attested to by the secretary, to meet the district’s expenses, including salaries, at such intervals as is approved by the board of supervisors. (b) The county treasurer shall report, in writing, on the first day of July, October, January, and March of each year, to the district board of directors, the amount of money the treasurer then holds for the district, the amount of receipts since the last report, and the amounts paid out. Each report shall be verified and filed with the secretary of the district to whom it is addressed. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  199. 6297.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 6. Inclusion of Lands [6297- 6297.] ( Article 6 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Winegrape lands outside the district but in the same county may be annexed to the district.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 6. Inclusion of Lands [6297- 6297.] ( Article 6 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6297. Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is located, may be annexed to the district in the same manner provided in this chapter for the formation of the district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  200. 6298.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 7. Consolidation [6298- 6298.] ( Article 7 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    Two or more districts under this chapter may be consolidated, even if their boundaries do not match.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Napa County Winegrape Pest and Disease Control District Law [6292 - 6299] ( Chapter 13 added by Stats. 2001, Ch. 442, Sec. 1. ) ## ARTICLE 7. Consolidation [6298- 6298.] ( Article 7 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6298. Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.