Food and Agricultural Code — Part 31 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 31 of 48 · provisions 6,001–6,200

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. 6299.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [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 8. Dissolution of Districts [6299- 6299.] ( Article 8 added by Stats. 2001, Ch. 442, Sec. 1. )

    Verify source ↗

    If a qualifying petition to dissolve the district is filed, the board of supervisors must schedule a hearing 20 to 40 days later and then vote immediately after 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 8. Dissolution of Districts [6299- 6299.] ( Article 8 added by Stats. 2001, Ch. 442, Sec. 1. ) ## 6299. Upon the filing of a petition with the board of supervisors, signed by 50 percent or more of the owners of 65 percent or more of the affected land, or signed by 65 percent or more of the owners of 50 percent or more of the affected land, 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. Immediately following the hearing, the board of supervisors shall vote on the petition for dissolution. A majority vote supporting the petition by the supervisors will result in dissolution of the district. (Added by Stats. 2001, Ch. 442, Sec. 1. Effective October 3, 2001.)
  2. 63001.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. )

    Verify source ↗

    County commissioners must enforce this chapter for the recordkeeping it requires, 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 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. ) ## 63001. The commissioner of each county, under the supervision of the director, shall enforce this chapter insofar as it relates to the keeping of the records which are required to be kept by this chapter. (Added by Stats. 1967, Ch. 98.)
  3. 63002.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. )

    Verify source ↗

    Certain avocado purchasers or consignees must keep records of the seller’s name and address and also record the delivery person’s driver’s license number or other reasonable identification.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. ) ## 63002. Every person who purchases or receives on consignment avocados for purposes of processing or sale from any person, except a grower, 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 avocados was purchased or received on consignment. The purchaser or consignee shall also record the driver’s license number or other reasonable identification of the person who makes delivery of each lot of such avocados. (Added by Stats. 1967, Ch. 98.)
  4. 63003.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. )

    Verify source ↗

    The required record and statement must be kept for one year from the purchase or delivery date, and must be available for inspection when the commissioner 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 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. ) ## 63003. The record and statement required to be made by this chapter 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 the commissioner. (Added by Stats. 1967, Ch. 98.)
  5. 63004.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. )

    Verify source ↗

    Violating this chapter 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 5. Marketing of Avocados [63001 - 63004] ( Heading of Chapter 5 added by Stats. 1977, Ch. 579. ) ## 63004. Any violation of this chapter is a misdemeanor. (Added by Stats. 1967, Ch. 98.)
  6. 6301.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Articles brought into the state in violation of a federal quarantine may be seized, destroyed, or otherwise disposed of as if they had originated in the state and violated this division.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6301. If any article is found to have been transported into this state from any other country or state, or territory or district of the United States, in violation of any provision of a quarantine that is established by the Secretary of Agriculture of the United States, the article is subject to seizure, destruction, or other disposition to the same extent and in the same manner as if the article had originated in this state and was in violation of a provision of this division. (Amended by Stats. 1995, Ch. 157, Sec. 3. Effective January 1, 1996.)
  7. 6301.1.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must adopt certain federal quarantine regulations by reference, and the secretary and authorized plant quarantine officers may impose civil and criminal penalties for violations under the other law.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6301.1. (a) The secretary shall adopt, by reference, by regulation, those federal quarantine regulations and any subsequent amendments in Parts 301 to 369, inclusive, of Title 7 of the Code of Federal Regulations. Civil and criminal penalties applicable to a violation of those federal quarantine regulations may be imposed by the secretary and other duly authorized plant quarantine officers in conformity with that other law. (b) Any funds recovered by the commissioner pursuant to this section shall be deposited in the county general fund in the county in which the action is brought and shall be allocated to the commissioner to cover costs related to the enforcement of this division. Any funds recovered by the secretary pursuant to this section shall be deposited in the Department of Food and Agriculture Fund to cover costs related to the enforcement of this division. (Added by Stats. 1995, Ch. 157, Sec. 4. Effective January 1, 1996.)
  8. 6302.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Shipments of plants or other things that are infested, infected, or at risk of spreading pests while passing through the state must be placed in sealed containers, and those containers must not be opened while in 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 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6302. If any shipment of plants or things which is passing through any portion of the state is, or is liable to be, infested or infected with any pest, and there exists danger of dissemination of the pest while the shipment is in transit in this state, the shipment shall be placed within sealed containers which are composed of metal or other material so constructed that they are not liable to be broken or opened while in transit so as to permit the pest to escape. The containers shall not be opened while within the state. (Enacted by Stats. 1967, Ch. 15.)
  9. 6303.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section prohibits moving or tampering with warning-tagged plants or notices without permission, forbids diverting certain quarantined shipments without written permission, and allows a service fee when quarantine officers must attend at destination.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6303. (a) It is unlawful for any person, except under written permission from a plant quarantine officer or under his specific direction, to move any lot or shipment of plants or other things to which a warning tag or notice has been affixed pursuant to this division, or to remove, alter, destroy, deface, or mutilate any such warning tag or notice. (b) If any shipment of plants or things is allowed to transit the state or transit to a given destination county under a quarantine warning-hold notice, the shipment of plants or things shall not be diverted to another destination without the written permission of the director or the commissioner of the destination county. (c) Diversion of a shipment as described in subdivision (b) is unlawful. (d) If a shipment of plants or things requires a state or county plant quarantine officer to be present at the destination to supervise the unloading, inspection, or treatment of a quarantine shipment, the director or commissioner, as the case may be, may charge the shipper or receiver a service fee for the cost of the services. Service fees shall be determined based on the director or commissioner’s costs for the services rendered. (Amended by Stats. 1988, Ch. 1056, Sec. 1.)
  10. 6304.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not import certain harmful animals into the state, and any such animal must be refused entry and then destroyed or shipped out within 48 hours at the owner or bailee’s expense.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6304. It is unlawful for any person to import into the state any English or Australian wild rabbit, flying fox, mongoose, or any other form of animal life which is detrimental to agriculture. Any such animal shall be refused entry and shall be immediately destroyed or shipped out of the state within 48 hours at the option and expense of the owner or bailee of the animal. (Enacted by Stats. 1967, Ch. 15.)
  11. 6305.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to willfully import, ship, or transport live insects or pests in the state unless the shipment is authorized before shipment by written permit and applicable regulations, subject to listed exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6305. It is unlawful for any person to willfully import into, or ship or transport within, the state any live insect or any pest as such, unless the shipment or transportation and subsequent use and handling is authorized prior to shipment under written permit and the regulations of the director or the United States Department of Agriculture, except the following: (a) Honey bees of the species of Apis mellifera. (b) Weeds for the purpose of identification. (c) Beneficial or useful insects of common occurrence in the state. (d) Insects or other organisms of public health or animal health interest, which are not plant pests, when imported, shipped, or transported by any governmental public health agency. Any shipment which is not authorized by this section shall be immediately destroyed unless it is determined by the inspecting officer that the nature of the contents of the shipment is such that no damage can be caused to agriculture in this state through its shipment out of the state or return of the shipment to the point of origin. In such case, the shipment out of the state or the return of the shipment to point of origin shall be allowed at the expense of the owner or bailee of the shipment within the time which is specified by the inspecting officer. (Amended by Stats. 1973, Ch. 446.)
  12. 6306.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not willfully and knowingly import, transport, or ship a Mediterranean fruit fly within California unless another law permits it.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [6301 - 6306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6306. Unless otherwise permitted by law, any person who willfully and knowingly imports into, or who willfully and knowingly transports or ships within, this state, a Mediterranean fruit fly is guilty of a felony. (Added by Stats. 1990, Ch. 167, Sec. 1. Effective June 22, 1990.)
  13. 63101.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    The state declares that purchases of processing strawberries are subject to this chapter to help prevent fraud, misinformation, deception, and other unfair 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 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63101. It is the declared policy of the state to eliminate fraud, misinformation, deception, and other unfair trade practices that have existed in the processing strawberry industry and are detrimental to producers, processors, and consumers of processing strawberries due to the unavailability of accurate and reliable market price information. In order to prevent fraud, misinformation, deception, and other unfair trade practices, it is hereby declared as the policy of the state that the purchase of processing strawberries be subject to this chapter. The necessity for the enactment of this chapter, including the exemptions contained within it, is declared to be for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  14. 63102.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    “Processing strawberries” means strawberries grown, in whole or in part, to be ultimately processed into a use other than fresh consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63102. “Processing strawberries” means strawberries produced, in whole or in part, for the purpose of being ultimately processed into a use other than fresh consumption. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  15. 63103.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    This section defines “purchase price” for processing strawberries as all price terms and compensation from processors 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 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63103. “Purchase price” means all price and price terms for processing strawberries, including any and all forms of compensation from processors to producers. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  16. 63104.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    This section defines “integrated producer-processor” for processing strawberries.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63104. “Integrated producer-processor” means any producer who processes strawberries of his or her own production either as an individual, a business entity, or as a separate business entity operating as parent and subsidiary, or otherwise, which are under the same ownership and control, and who retains title to the processed strawberries, including, but not limited to, all rights to hypothecate the processed strawberries. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  17. 63105.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    This chapter applies to any marketing order issued under Chapter 1 of Part 2 that exclusively affects processing strawberries.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 1. General Provisions [63101 - 63105] ( Article 1 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63105. This chapter covers any marketing order issued pursuant to Chapter 1 (commencing with Section 58601) of Part 2 which exclusively affects processing strawberries. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  18. 63121.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    Processors covered by a marketing order for processing strawberries must post and file price schedules when purchase prices change, and the advisory board must send copies to other processors.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63121. Any marketing order affecting processing strawberries shall require that each time during a marketing season that a processor establishes or changes purchase prices for processing strawberries, the processor shall, on or before the effective date of the purchase prices, post a schedule of the purchase prices at each receiving station for which each schedule applies, and file each schedule with the marketing order advisory board established under the marketing order. The advisory board shall, within five days of the effective date of each purchase price schedule, mail or deliver a copy of the schedule to every other processor. Except as otherwise provided in this chapter, a processor shall acquire processing strawberries at the filed purchase price. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  19. 63122.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    The director must adopt a seasonal marketing regulation for price filing and posting, and it cannot take effect before April 1 of any year.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63122. The director shall adopt a seasonal marketing regulation pursuant to Section 59171 for price filing and posting. The regulation shall not become effective prior to April 1 of any year. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  20. 63123.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    The director must establish rules and regulations for filing, posting, and revising purchase prices, and for any other action needed to ensure public disclosure of those 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 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63123. The director, with the assistance of the advisory board, shall establish administrative rules and regulations that provide for, but are not limited to, the specific manner of filing, posting, and revising purchase prices and any additional action necessary to assure adequate public disclosure of purchase prices. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  21. 63123.5.

    ## 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 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    Contracts not exempt under Section 63124 must be filed with the advisory board and posted in the manner prescribed by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63123.5. Any contract which is not exempt pursuant to Section 63124, including, but not limited to, any contract which makes a reference to a posted price for the purchase of strawberries by a processor from a producer and which also provides an additional purchase price, as defined by the director by regulation pursuant to Section 63123, shall be filed with the advisory board and posted in the manner prescribed by the director. (Added by Stats. 1990, Ch. 361, Sec. 1.)
  22. 63124.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    This section lists several exemptions from the chapter on processing strawberries and requires exempt contracts to be filed with the advisory board; it also keeps board information confidential, with a narrow disclosure option on request.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63124. (a) The following are exempt from this chapter: (1) An integrated producer-processor. This exemption does not apply to the acquisition of strawberries for processing from any person who is not involved in a proprietary manner in the integrated producer-processor operation and who is not compensated for strawberries delivered through a proportionate share of the profits of the business entity. (2) A processor registered in the state as a bona fide nonprofit cooperative when it acquires strawberries from members of the cooperative. This exemption does not apply to the acquisition of strawberries for processing from any person who is not a member of the cooperative. (3) A contract with a fixed purchase price for the purchase of processing strawberries by a processor from a producer which is entered into and filed with the advisory board on or before the effective date of any seasonal marketing regulation for price filing and posting adopted pursuant to this chapter. (4) Any contract for the purchase of strawberries for processing by a processor from a producer entered into prior to January 1, 1985, and filed prior to the effective date of any seasonal marketing regulation for price filing and posting adopted pursuant to this chapter. (5) A contract that makes a reference to a processor’s posted price for the purchase of processing strawberries by the processor from a producer which does not contain an additional purchase price, as defined by the director by regulation pursuant to Section 63123. (b) Notwithstanding any other provision of this chapter, any contract which is exempt from this chapter pursuant to subdivision (a) shall be filed with the advisory board in the manner prescribed by the director pursuant to Section 63123. (c) Information obtained by the advisory board pursuant to this chapter shall be maintained in confidence. However, the advisory board may disclose, upon request, whether a particular producer’s processing strawberries are covered by an exempt contract or other arrangement. (Amended by Stats. 1990, Ch. 361, Sec. 2.)
  23. 63125.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    The director must supervise this chapter and review its provisions every year.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63125. The director shall actively supervise the requirements of this chapter and conduct an annual review of its provisions. The review may include an analysis of written reports from processors which the director is authorized to require, an investigation of industry conditions, an audit of processor records required to be maintained pursuant to this chapter, and any other actions relating to this chapter that are deemed necessary by the director. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  24. 63126.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    When a marketing order exclusively affecting processing strawberries is in effect, the director must file a yearly written report with the Legislature and include recommendations about the chapter’s provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63126. On or before the last day of each year in which a marketing order exclusively affecting processing strawberries is in effect, the director shall prepare and file with the Legislature a written report of the operations of this chapter and shall make recommendations regarding its various provisions. Each report and recommendation shall be based on determinations made by the director as a result of the annual review specified in Section 63125. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  25. 63127.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    The director must suspend this chapter’s requirements if the annual review and report show price filing and posting is not needed to prevent unfair 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 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63127. The director shall suspend the requirements of this chapter if he or she determines as a result of the annual review and states in the annual report required in Section 63126 that price filing and posting is not required to prevent unfair trade practices. The suspension shall apply to the year following the determination unless legislation requiring the adoption of a seasonal marketing regulation for price posting is enacted prior to April 1 of that year. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  26. 63128.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    This chapter does not apply to a processor buying strawberries for processing from another processor.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63128. This chapter does not apply to the acquisition of strawberries for processing by a processor from another processor. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  27. 63129.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. )

    Verify source ↗

    The director must amend any existing marketing order for processing strawberries so it conforms to this chapter, and does not have to follow Chapter 1 amendment procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Marketing of Processing Strawberries [63101 - 63129] ( Chapter 6 added by Stats. 1985, Ch. 18, Sec. 1. ) ## ARTICLE 2. Marketing Orders [63121 - 63129] ( Article 2 added by Stats. 1985, Ch. 18, Sec. 1. ) ## 63129. The director shall amend any existing marketing order exclusively affecting processing strawberries in a manner necessary to conform to this chapter without the necessity of complying with any provisions of Chapter 1 (commencing with Section 58601) of Part 2 including those sections relating to the amendment of a marketing order. (Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
  28. 6321.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Tephritidae Fruit Flies [6321 - 6323] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Most people may not import or move certain host plants, fruits, or vegetables into or within the state if they come from places where Tephritidae fruit flies are known to exist, unless the director permits it under stated findings.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Tephritidae Fruit Flies [6321 - 6323] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6321. It is unlawful for any person to import into, or transport thereafter within, the state any plant, fruit, or vegetable which is known to be, or may become, a host of any species of the fruit fly family Tephritidae from any territory, state, or district where such species of Tephritidae is known to exist except under permit and regulation of the director if the director finds that the species is harmless to agriculture or that an effective treatment of the hosts eliminates fruit fly risk. (Enacted by Stats. 1967, Ch. 15.)
  29. 6322.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Tephritidae Fruit Flies [6321 - 6323] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Plants, fruit, and vegetables that are known hosts, or may become hosts, of Tephritidae fruit flies must be refused entry or transportation within the state, along with their containers and packing.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Tephritidae Fruit Flies [6321 - 6323] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6322. Any plant, fruit, or vegetable which is known to be, or which may become, a host of any species of the fruit fly family Tephritidae, together with its containers and packing, shall be refused entry or transportation within the state. (Enacted by Stats. 1967, Ch. 15.)
  30. 6323.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Tephritidae Fruit Flies [6321 - 6323] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain host plants, fruits, or vegetables for Tephritidae fruit flies must be immediately destroyed if imported into or moved within the state, unless they are covered by a permit and follow the director’s regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Tephritidae Fruit Flies [6321 - 6323] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6323. Any plant, fruit, or vegetable which is known to be, or which may become, a host of any species of the fruit fly Tephritidae, which is imported into, or transported thereafter within, this state shall be immediately destroyed at the expense of the owner or bailee unless it is imported or transported under permit and in accordance with regulations of the director. (Enacted by Stats. 1967, Ch. 15.)
  31. 6341.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an incoming shipment is found to contain a non-common pest seed or propagule, the director or commissioner must notify the owner or bailee to return the shipment to where it came from.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6341. If anything brought into any county or locality of the state from another county or locality within the state, or from any other state or foreign country, is found to be infested with the seed or propagule of any pest that is not of common occurrence in the county or locality into which the shipment is brought, the director or the commissioner shall notify the owner or bailee of such shipment to return it to the point from which the shipment was made. (Amended by Stats. 1977, Ch. 328.)
  32. 6342.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The owner or bailee must return the shipment to the point from which it was made within 48 hours.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6342. The owner or bailee shall return the shipment to the point from which it was made within 48 hours. (Enacted by Stats. 1967, Ch. 15.)
  33. 6343.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director or commissioner finds that pest seeds can be destroyed by treatment, the shipment may be treated at the owner or bailee’s option and expense, under their supervision, and may then be released.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6343. If the director or the commissioner determines that the pest seeds can be destroyed by treatment, the shipment may, at the option and expense of the owner or bailee, be given such treatment under the supervision of the director or the commissioner. After the treatment the shipment may be released. (Enacted by Stats. 1967, Ch. 15.)
  34. 6344.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A shipment may be stored in quarantine pending treatment or shipment out of state if the director or commissioner determines it will not adversely affect agriculture, and any required conditions must be followed.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [6301 - 6344] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Seed Pests in Shipments [6341 - 6344] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6344. If the director or the commissioner determines that no adverse effect to agriculture would result from allowing the shipment to be stored in quarantine pending treatment or shipment out of the state, or from procedures incidental thereto, the shipment may be so stored for such a period of time in an approved place under such conditions as the director or commissioner may require. (Enacted by Stats. 1967, Ch. 15.)
  35. 63901.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    The Legislature declares that California’s agricultural and seafood industries are vital to the state economy and that the commissions and councils in this division are meant to support and enhance those industries.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63901. The Legislature hereby finds and declares that the agricultural and seafood industries are vitally important elements of the state’s economy and are supported by state established commissions and councils specified in this division that are mandated to enhance and preserve the economic interests of the State of California and are intended to do all of the following: (a) Implement public policy through their expressive conduct. The programs conducted by these commissions and councils are among the broad range of state-mandated regulatory programs that are funded by the public through user fees assessed in accordance with each person’s relationship to a particular program. (b) Reflect a continuing commitment by the State of California to its agricultural and seafood industries that are integral to its economy. These industries are a source of substantial employment for the state’s citizens, produce needed tax revenues for the support of state and local government, encourage responsible stewardship of valuable land and marine resources, and produce substantial necessary food and fiber for the state, nation, and world. (c) Represent a policy of support for persons engaged in the agricultural and seafood industries, which are critically important elements of the state’s economy. These commissions and councils are particularly important for the continued success of California’s unique agricultural and seafood industries which tend to be decentralized with many small entities operating in diverse locations. (d) Provide benefit to the entire industry and all of the people of this state. The commissions and councils are not enacted, and are not intended to produce measurable benefit, on an individual basis, and their successes should be evaluated by analyzing the extent to which they have improved the overall conditions for the particular commodity subject to the commission’s or council’s jurisdiction with resulting benefit to the overall economy of the state. (e) Enhance the image of California agricultural and seafood products to increase the overall demand for these commodities. In this fashion, the Legislature intends that the commissions and councils operate primarily for the purpose of creating a more receptive environment for the commodity and for the individual efforts of those persons in the industry, and thereby compliment individual, targeted, and specific activities. (Amended by Stats. 2001, Ch. 510, Sec. 1. Effective January 1, 2002.)
  36. 63901.3.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    The Legislature says commission and council activities are important to California’s interests and lists the kinds of activities it considers essential.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63901.3. The Legislature further finds and declares that commission and council activities are essential to the goals and interests of the State of California that include, but are not limited to, all of the following: (a) Research, including, but not limited to, production research, food safety research, marketing research and trends analysis, and research relating to crop protection and production materials. (b) Elimination of tariff and nontariff trade barriers. (c) Consumer education relating to the health and other benefits of using and consuming agricultural and seafood products. (d) Consumer education relating to environmental protection and conservation. (e) Demand-side regulation that stabilizes the flow of product to market through promotion. (f) Analysis of the impact of federal, state and foreign regulation. (g) Cooperative crisis resolution that impacts public health and safety and the continued stability of the industry. (h) Participation with state and federal agencies in negotiating with other governments relating to market access issues such as phytosanitary issues, shipping protocols, crop protection residues, packaging, labeling, and other issues raised by countries imposing trade barriers on the import of agricultural and seafood products into their markets. (i) Industry self-regulation to establish and maintain grade, size, and maturity standards and to stabilize the flow of product to market. (Added by Stats. 2001, Ch. 510, Sec. 2. Effective January 1, 2002.)
  37. 63901.4.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    The Legislature states that mandated cooperative efforts by commissions and councils have been effective for avoiding economic waste and keeping agricultural markets stable.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63901.4. The Legislature further finds and declares that mandated cooperative efforts engaged in by the commissions and councils have proven to be effective methods to avoid economic waste and maintain stable agricultural markets. These cooperative efforts are intended to work subject to, and together with, the constraints placed on the agricultural industry by state and federal statutes and regulations and international restrictions. (Added by Stats. 2001, Ch. 510, Sec. 3. Effective January 1, 2002.)
  38. 63902.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    People subject to this division must file a grievance with the appropriate commission or council and exhaust administrative remedies before starting litigation on certain claims.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63902. In addition to any specific provisions regarding grievance procedures, and consistent with the nature of the commissions and councils established pursuant to Part 2 (commencing with Section 64001) and the desire to resolve conflicts in the most timely and cost-effective manner, any person subject to this division shall file a grievance with the appropriate commission or council, and exhaust all administrative remedies prior to the initiation of any litigation based on a claim, express or implied, that the activities undertaken by the commission or council do not directly or materially advance the interests of the State of California as set forth in this part. (Amended by Stats. 2001, Ch. 510, Sec. 4. Effective January 1, 2002.)
  39. 63903.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    These commissions may start or join administrative and civil actions related to their activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63903. In addition to the authority granted to any commission by Part 2 (commencing with Section 64001), those commissions may commence or participate in administrative and civil actions relative to the activities of the commission. (Added by Stats. 1997, Ch. 726, Sec. 2. Effective January 1, 1998.)
  40. 63904.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    The Legislature declares that the councils and commissions operating under this division are duly constituted authorities of the state for a federal code purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63904. The Legislature finds and declares that the councils and commissions operating pursuant to this division are duly constituted authorities of this state for purposes of subdivision (i) of Section 610 of Title 7 of the United States Code. (Added by Stats. 1998, Ch. 399, Sec. 2. Effective January 1, 1999.)
  41. 63905.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    Commissions or councils may ask the secretary to adopt or administer certain authorized activities, and the secretary may waive referendum in some cases after a hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63905. (a) Any commission or council may petition the secretary to adopt and administer any activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) relating to the commodity that is covered by any commission or council. Adoption and administration of the activity by any commission or council shall be in accordance with the act. (b) Any commission or council may petition the secretary to administer any activity that the commission or council is authorized to engage in, and that is authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21), relating to the commodity that is covered by any commission or council. If the secretary accepts the petition, the commission or council shall reimburse the secretary for his or her actual cost for administering the activity. The secretary may waive referendum under the act if, following a hearing, the secretary determines that there is no substantial question of opposition to doing so among affected assessment payers. Administration of the activity by the secretary shall be in accordance with the act. (c) As determined by the secretary, the governing body of the commission or council may serve as the advisory board with respect to any activity recommended and approved pursuant to this section. (d) As used in this section, “substantial question of opposition” means opposition to the substance of the petition among currently affected assessment payers, and is not intended to mean a particular number of assessment payers. (Amended by Stats. 2006, Ch. 844, Sec. 1. Effective January 1, 2007.)
  42. 63906.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. )

    Verify source ↗

    Teleconference meetings by a commission or council must follow notice, location, agenda, and guideline requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 1. LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS [63901 - 63906] ( Part 1 added by Stats. 1995, Ch. 727, Sec. 1. ) ## 63906. (a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council: (1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting. (2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location. (3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public. (b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference. (c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation. (Added by Stats. 2016, Ch. 451, Sec. 3. (AB 1976) Effective January 1, 2017.)
  43. 64001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter is named the Dairy Council of California Law.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64001. This chapter shall be known as the Dairy Council of California Law. (Enacted by Stats. 1967, Ch. 15.)
  44. 64002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64002. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  45. 64003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “Council” as the Dairy Council of California.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64003. “Council” means the Dairy Council of California. (Enacted by Stats. 1967, Ch. 15.)
  46. 64005.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “dairy products” to include milk and milk derivatives in natural, processed, or manufactured form, including products that are part of another article, commodity, or product.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64005. “Dairy products” includes milk and any derivative of milk that is in natural, processed, or manufactured form, or that constitutes a part of another article, commodity, or product. (Amended by Stats. 2019, Ch. 304, Sec. 57. (AB 590) Effective January 1, 2020.)
  47. 64005.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “ex officio member” as a nonvoting member of the council.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64005.5. “Ex officio member” means a nonvoting member of the council. (Added by Stats. 2019, Ch. 304, Sec. 58. (AB 590) Effective January 1, 2020.)
  48. 64006.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “fiscal year” as July 1 through June 30 of the following year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64006. “Fiscal year” means the period from July 1 in any one year to and including June 30th of the following year. (Enacted by Stats. 1967, Ch. 15.)
  49. 64007.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Handler” means a person who acquires unprocessed milk, skim milk, or cream from a producer or another handler for processing, including someone who arranges ongoing custom processing services.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64007. “Handler” means any person that, as owner, agent, or broker, purchases, or otherwise acquires from a producer or another handler, possession or control of milk, skim milk, or cream, in the form of unprocessed milk, skim milk, or cream, or in any other unprocessed form, for the purpose of processing it, and includes any person who secures custom processing services on an ongoing basis. (Amended by Stats. 2021, Ch. 371, Sec. 6. (AB 425) Effective January 1, 2022.)
  50. 6401.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not bring certain quarantined plants or things into the state unless the person immediately notifies the county commissioner or director and holds the item for immediate inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6401. It is unlawful for any person to transport, receive, or import into the state any plant or any thing against which a quarantine has been established, or any plant, unless he does both of the following: (a) Notifies the director or the commissioner of the county in which the plant or thing is received, of the arrival of the plant or thing immediately after its arrival. (b) Holds the plant, or thing for immediate inspection by the director or commissioner, without unnecessarily moving it, or placing it where it may be harmful. (Enacted by Stats. 1967, Ch. 15.)
  51. 64010.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Milk” is defined as the lacteal secretion obtained from the udders of cows.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64010. “Milk” means the lacteal secretion that is obtained from the udders of cows. (Amended by Stats. 2019, Ch. 304, Sec. 61. (AB 590) Effective January 1, 2020.)
  52. 64010.1.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “Class I milk” by reference to federal regulations and says it includes both pooled and nonpooled milk.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64010.1. “Class I milk” has the meaning of that term as defined in Section 1051.40 of Title 7 of the Code of Federal Regulations, and includes both pooled and nonpooled milk. (Amended by Stats. 2019, Ch. 304, Sec. 62. (AB 590) Effective January 1, 2020.)
  53. 64010.2.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “All other usages” means milk usages other than class I, including grade B milk received by handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64010.2. “All other usages” means usages other than class I for milk, including grade B milk received by handlers. (Amended by Stats. 2019, Ch. 304, Sec. 63. (AB 590) Effective January 1, 2020.)
  54. 64012.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Or” and “and” may be read as meaning the same thing when the context requires it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64012. “Or” and “and,” may be construed as interchangeable, as the context may require. (Enacted by Stats. 1967, Ch. 15.)
  55. 64013.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Person” includes individuals and a broad set of business and organizational forms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64013. “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization. (Amended by Stats. 1994, Ch. 1010, Sec. 131. Effective January 1, 1995.)
  56. 64014.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Processing” includes several milk-preparation activities, but not separating milk by a producer on the dairy where the milk is produced.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64014. “Processing” means separating, standardizing, pasteurizing, sterilizing, evaporating, condensing, canning, bottling, packaging, or otherwise preparing milk to manufacture or produce any dairy product. “Processing” does not, however, include separating by a producer, on the dairy where the milk is produced, and milk separated by a producer on the dairy shall not be deemed to have been processed. (Amended by Stats. 2019, Ch. 304, Sec. 65. (AB 590) Effective January 1, 2020.)
  57. 64015.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Producer” means a person who produces milk and either sells it or delivers possession or control of it to a handler in unprocessed form.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64015. “Producer” means any person that produces milk and sells it, or delivers possession or control of it, to a handler, in the form of unprocessed milk or cream, or in any other unprocessed form. (Amended by Stats. 2019, Ch. 304, Sec. 66. (AB 590) Effective January 1, 2020.)
  58. 64017.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “Solids-not-fat” as milk solids that are not fat, measured by standard milk testing methods used in a Federal Milk Marketing Order.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64001 - 64017] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64017. “Solids-not-fat” means any milk solids that are not fat, measured using the standard milk testing methods in a 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. (Repealed and added by Stats. 2019, Ch. 304, Sec. 69. (AB 590) Effective January 1, 2020.)
  59. 6402.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If there is no county commissioner where a plant or thing is received, the person transporting, receiving, or importing it into the state must notify the director, and the director must immediately arrange for inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6402. If there is no commissioner in the county where the plant or thing is received, the person that transports, receives, or imports the plant or thing into the state shall notify the director, who shall make immediate arrangements for its inspection. (Enacted by Stats. 1967, Ch. 15.)
  60. 6403.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The inspecting officer may enter any conveyance or place in the state where the plant or thing is located to check for pest infestation or infection.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6403. The officer who makes the inspection may enter at any time into any conveyance or place within the state where the plant or thing is located to ascertain whether it is, or is liable to be, infested or infected with any pest. (Enacted by Stats. 1967, Ch. 15.)
  61. 6404.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may make agreements with other states or USDA officials to apply pest-risk measures to shipments of plants or bee colonies at their place of origin.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6404. The secretary may enter into agreements with the regulatory officials of other states or the United States Department of Agriculture to provide for the application of various pest risk mitigation measures to the shipments of plants or bee colonies at the place of origin. Shipments entering the state in compliance with these agreements may be released upon arrival at ports of entry or terminals in this state without being held and inspected for compliance with standards and quarantine requirements. (Amended by Stats. 2019, Ch. 301, Sec. 1. (AB 466) Effective January 1, 2020.)
  62. 64041.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64041 - 64043] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The section declares that this chapter serves public health and welfare purposes and that the dairy industry is a matter of public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64041 - 64043] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 64041. It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the police power of this state for the purposes of protecting and furthering the public health and welfare. It is further declared that the dairy industry of this state is affected with a public interest, in that, among other things: (a) The production, processing, manufacture, and distribution of milk and other dairy products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions, and employment and a means of livelihood for many thousands of its population, but also furnishes essential foods that are vital to the public health and welfare. (b) The stabilization, maintenance, and expansion of the dairy industry of California, and of the state, nationwide, and foreign markets for its products, are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a great segment of the population of this state, to maintain proper wage scales for those engaged in the dairy industry, and to maintain existing employment. (c) Due to the significant role of milk and other dairy products in balanced human nutrition and the maintenance of public health, it is appropriate to provide for the dissemination of accurate and scientific information relative to the healthful qualities of dairy products, and to make the public thoroughly aware of that information. (Amended by Stats. 2019, Ch. 304, Sec. 70. (AB 590) Effective January 1, 2020.)
  63. 64042.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64041 - 64043] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states the chapter’s purposes: to help the dairy industry develop and expand dairy markets, to let the secretary run educational programs encouraging milk and dairy consumption, and to fund administration and enforcement through assessments paid by producers and handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64041 - 64043] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 64042. The purposes of this chapter are as follows: (a) To enable the dairy industry, with the aid of the state, to develop, maintain, and expand the state, national, and international markets for dairy products that are produced, processed, or manufactured in the state, and the use and consumption of those dairy products in the state. (b) In aid, but not in limitation, of this purpose, to authorize and enable the secretary to formulate and effectuate, directly or in cooperation with other agencies and instrumentalities specified in this chapter, consumer, or other, educational programs designed to encourage the use and consumption of milk and other dairy products as part of balanced human nutrition. (c) To provide funds for the administration and enforcement of this chapter by assessments to be paid by producers and handlers in the manner prescribed in this chapter. (Amended by Stats. 2021, Ch. 371, Sec. 8. (AB 425) Effective January 1, 2022.)
  64. 64043.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64041 - 64043] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter should be read broadly, and if part of it is found unconstitutional or invalid, the rest remains in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64041 - 64043] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 64043. This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or invalid, that decision does not affect the remaining portion of this chapter but the unconstitutional or invalid provision is separable from the valid parts of this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 72. (AB 590) Effective January 1, 2020.)
  65. 6405.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A certificate that has been altered, defaced, improperly completed, or changed is void, and any person is prohibited from altering, using, possessing, transporting, receiving, or possessing plant material covered by such a certificate.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6401 - 6405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6405. (a) Any certificate that has been altered, defaced, or improperly completed or changed is void. (b) It shall be unlawful for any person to do any of the following: (1) Alter, deface, or otherwise falsify or change, a certificate that is attached to any plant shipment or other thing entering the state. (2) Use, or have in his or her possession, any certificate that has been altered, defaced, or otherwise falsified or changed. (3) Transport, receive, or possess any plant material represented by a certificate. (c) For purposes of this section, “certificate” means a certificate issued pursuant to a quarantine regulation. (Added by Stats. 1995, Ch. 149, Sec. 2. Effective January 1, 1996.)
  66. 64071.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64071 - 64073] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must administer and enforce this chapter and may use certain administrative powers and contract to carry out its purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64071 - 64073] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 64071. The secretary shall administer and enforce this chapter, and may exercise any or all of the administrative powers that are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, the secretary may contract to carry out the declared intent and purposes of this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 73. (AB 590) Effective January 1, 2020.)
  67. 64072.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64071 - 64073] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must maintain a list of producers and handlers, using department records or another reliable source.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64071 - 64073] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 64072. The secretary shall, from records of the department or any other reliable source, maintain a list of producers and handlers. (Amended by Stats. 2021, Ch. 371, Sec. 9. (AB 425) Effective January 1, 2022.)
  68. 64073.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64071 - 64073] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may buy general liability insurance for the council, and the council must pay the cost.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64071 - 64073] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 64073. The secretary may purchase general liability insurance for the council in an amount the secretary determines as necessary. The cost of the insurance shall be paid by the council. The insurance policy shall name the secretary, in the secretary’s official capacity, and the council as insured parties for claims made against the council in its advisory capacity to the secretary or against the secretary regarding the activities of the council. The secretary, after consultation with the Attorney General, may refer claims to the insurance carrier for appropriate action. In the alternative, the secretary may require that claims be handled in the manner otherwise specified in this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 75. (AB 590) Effective January 1, 2020.)
  69. 64101.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section creates the Dairy Council of California and sets its membership and appointment rules.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64101. There is in the state government the Dairy Council of California, which shall consist of no less than 24, nor more than 26, members. All members of the council shall be appointed by the secretary and may hold office at the pleasure of the secretary. The membership of the council shall be as follows: (a) There shall be 12 members that are actually engaged in the production of milk. These 12 members are the producer members of the council. (b) There shall be 12 members that are handlers. These 12 members are the handler members of the council. (c) Upon the recommendation of the council, the secretary may appoint one person as a voting member who is not a producer or handler, and who shall represent the public. (d) Upon the recommendation of the council, the secretary may appoint up to two people as nonvoting ex officio members of the council who have expertise that is beneficial to the council. (Amended by Stats. 2021, Ch. 371, Sec. 10. (AB 425) Effective January 1, 2022.)
  70. 64103.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Qualified officials or members of corporations, associations, and other business units engaged as producers or handlers may be members of the council.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64103. Officials or members, otherwise qualified, of corporations, associations, and other business units, that are actually engaged in business as producers or handlers are eligible to be members of the council. (Amended by Stats. 2021, Ch. 371, Sec. 11. (AB 425) Effective January 1, 2022.)
  71. 64104.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A member of the council has a three-year term of office.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64104. The term of office of a member of the council shall be three years. (Amended by Stats. 2019, Ch. 304, Sec. 78. (AB 590) Effective January 1, 2020.)
  72. 64105.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may fill council vacancies for the rest of the unexpired term and may remove a council member for cause.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64105. Any vacancy occurring on the council during an unexpired term of office may be filled by the secretary for the unexpired term. In filling a vacancy, the secretary may consider recommendations from the remaining members of the council. The secretary may remove any member of the council for cause deemed sufficient by the secretary and the vacancy caused by removal shall be filled in the manner as provided in this section for the unexpired term. (Amended by Stats. 2019, Ch. 304, Sec. 79. (AB 590) Effective January 1, 2020.)
  73. 64106.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members must be nominated and appointed under procedures recommended by the council and approved by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64106. Members of the council shall be nominated and appointed pursuant to procedures recommended by the council and approved by the secretary. The procedures may include, but are not limited to, nominations, preference voting, and district representation. (Repealed and added by Stats. 2012, Ch. 323, Sec. 10. (AB 2682) Effective January 1, 2013.)
  74. 64110.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A majority of the council’s members is enough to form a quorum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64110. A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers. (Enacted by Stats. 1967, Ch. 15.)
  75. 64111.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must choose a chair and vice chair from among its members and form an executive committee with three to five additional members. The executive committee may exercise only the council powers delegated to it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64111. The council shall select from its members, to serve at its pleasure, a chair and vice chair who, together with at least three, and no more than five, other members selected by the council, shall constitute the executive committee of the council. The executive committee shall have and exercise those powers of the council as the council may delegate to it. (Amended by Stats. 2019, Ch. 304, Sec. 80. (AB 590) Effective January 1, 2020.)
  76. 64112.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must hold two regular meetings each year, and the executive committee must hold four regular meetings each year. Both may also meet in special meetings called by the chair.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64112. The council shall have two regular meetings in each year at times and places fixed by the council. The times for regular meetings shall be fixed so that there is an interval of at least four calendar months between all regular meetings. The council may meet in special meetings at any time and place at the call of the chair. The executive committee shall have four regular meetings each year at times and places fixed by it, and may meet in special meetings at any time and place at the call of the chair. (Amended by Stats. 2019, Ch. 304, Sec. 81. (AB 590) Effective January 1, 2020.)
  77. 64114.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Appointed council members are entitled to $100 per day for attendance or council business, and reimbursement for necessary travel and other expenses incurred in official duties.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64114. The appointed members of the council shall receive one hundred dollars ($100) per day for each day spent in actual attendance at the meetings or on the business of the council and shall be reimbursed for necessary traveling and other expenses that are incurred in the performance of their official duties. (Amended by Stats. 2019, Ch. 304, Sec. 82. (AB 590) Effective January 1, 2020.)
  78. 64115.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members generally may not be paid for more than 10 days of service per year, and executive committee members may not be paid for more than 3 days of service per month.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64115. No member of the council, except for a member of the executive committee, shall receive compensation for more than 10 days’ service per year. No member of the executive committee shall receive compensation for more than three days’ service per month. (Amended by Stats. 2019, Ch. 304, Sec. 83. (AB 590) Effective January 1, 2020.)
  79. 64116.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members appointed by the secretary and council employees are not individually liable for council contracts or agreements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64116. The members of the council who are duly appointed by the secretary, and employees of the council, shall not be held responsible individually in any way, to any person, for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities that arise out of the administration and enforcement of this chapter are payable only from funds that are collected pursuant to the provisions of this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 84. (AB 590) Effective January 1, 2020.)
  80. 64117.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may require council employees or agents to provide a fidelity bond, and the bond’s issuer, amount, and terms are set by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64117. The secretary may require any employee or agent of the council to give a fidelity bond that is executed by a surety company that is authorized to do business in this state in favor of the secretary, in a sum, and containing terms and conditions, that the secretary may prescribe. The cost of a fidelity bond required pursuant to this section shall be paid from the funds that are collected pursuant to this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 85. (AB 590) Effective January 1, 2020.)
  81. 64118.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Legislature declares that council appointees who are producers and handlers represent the agricultural industry’s interests and are treated as the public generally for Section 87103 of the Government Code.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Dairy Council of California [64101 - 64118] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64118. It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the council 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 the council, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 2021, Ch. 371, Sec. 12. (AB 425) Effective January 1, 2022.)
  82. 64151.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council’s duties are advisory unless the secretary delegates duties to it, and the council may exercise listed powers only with the secretary’s approval.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64151. The duties of the council are advisory, except for those duties that may be delegated to it by the secretary. The council may, subject to the approval of the secretary, exercise any of the following powers: (a) To recommend to the secretary administrative regulations that relate to the administration and enforcement of this chapter. (b) To investigate all matters that affect the administration of this chapter, and to report violations of it to the secretary. (c) To employ and, at its pleasure, discharge a manager and any clerical help and other employees that it deems necessary, and to prescribe their powers and duties and fix their compensation. (d) To contract with, or employ, and, at its pleasure, discharge any consultants and agencies that it deems necessary, and to outline their powers and duties and fix their compensation. (e) To establish offices and incur expenses incidental to those offices. (f) To recommend to the secretary the making of contracts and other agreements that may be necessary to conduct nutrition research, communication, and education activities of the council. (g) To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or created by state or national law, that is engaged in work or activities similar to the work and activities of the council, and recommend to the secretary the making of contracts and agreements with these organizations or agencies for carrying on joint campaigns of research, education, and advertising. In matters of research, the council shall, however, cooperate with organizations of recognized professional standing that are adequately equipped with facilities for the research that is contemplated. (h) To recommend to the secretary the institution and promotion of scientific research to develop or discover, or both to develop and discover, the health, food, therapeutic, dietetic, and industrial uses of milk and its products and derivatives. (i) To cooperate with other public and private agencies that are engaged in similar work or activities in order to avoid or minimize any overlapping or duplication of work or conflict. (j) To receive, invest, and disburse funds, pursuant to Article 11 (commencing with Section 64300). (Amended by Stats. 2019, Ch. 304, Sec. 86. (AB 590) Effective January 1, 2020.)
  83. 64153.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each year before July 1, the council must send the secretary statements of its recommended activities and proposed budget for the coming fiscal year.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64153. Annually, before July 1 of each year, the council shall formulate and transmit to the secretary statements of its recommended activities and proposed budget for the coming fiscal year. The statements shall: (a) Be based on and made after an investigation by the council of the necessities of the dairy industry and the extent of the public interest, necessity, and convenience to be served by those recommended activities. (b) Describe the council’s recommended programs of research, education, and communication. (c) Set forth in a proposed budget the amounts that are deemed necessary to be allocated by the secretary both to effectuate these programs and to perform the secretary’s administrative duties pursuant to this chapter. The proposed budget shall include reasonable amounts for contingencies. (d) Be in a form, and contain detail, that the secretary, in the reasonable exercise of the secretary’s judgment, deems necessary to adequately show whether or not the activities are warranted by the facts contained in the statements and are authorized by this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 87. (AB 590) Effective January 1, 2020.)
  84. 64154.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must approve the council’s activities and budget in writing within 20 days, if the stated facts and chapter authority support them, and must promptly explain any refusal or failure to approve.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64154. (a) If the activities and budgeted amounts that are recommended by the council and described in the statements provided for in Section 64153 are warranted by the facts contained in the statements and are authorized by this chapter, the secretary shall approve the activities for the council programs, in writing, within 20 days after each of the statements has been submitted to the secretary. The secretary shall also approve, in writing, the budget provided for in subdivision (c) of Section 64153 within 20 days after the budget has been submitted. If the secretary refuses or fails to give any approvals pursuant to this section within the required periods, the secretary shall notify the council promptly of the secretary’s refusal or failure to approve the activities or budget and give the secretary’s reasons, specifically, for the refusal or failure. (b) Expenditures for political contributions or for lobbying are not authorized. (Amended by Stats. 2019, Ch. 304, Sec. 88. (AB 590) Effective January 1, 2020.)
  85. 64155.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must keep accurate books, records, and accounts, and those records must always be open to inspection and audit by the department.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64155. The council shall keep accurate books, records, and accounts of all of its transactions, dealings, contracts, agreements, funds, and expenditure. These books, records, and accounts shall at all times be open to inspection and audit by the department. (Amended by Stats. 2019, Ch. 304, Sec. 89. (AB 590) Effective January 1, 2020.)
  86. 64157.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must request the secretary to provide an annual budget and an annual statement.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64157. The council shall request the secretary to submit to it an annual budget that sets forth in reasonable detail the proposed expenditures that the secretary deems necessary for the performance by the secretary and by the department of the duties that are imposed upon them by this chapter. The council shall also request the secretary to submit to it an annual statement, in reasonable detail, of the secretary’s expenditures pursuant to this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 90. (AB 590) Effective January 1, 2020.)
  87. 64158.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must report annually to dairy industry members on its activities and programs, including income, expenses, fund balance, and progress toward program goals, in the form prescribed by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64151 - 64158] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64158. The council shall, annually, report to the members of the dairy industry on its activities and programs, including, but not limited to, its income and expenses, fund balance, and a report of progress in achieving program goals, as prescribed by the secretary. (Amended by Stats. 2019, Ch. 304, Sec. 91. (AB 590) Effective January 1, 2020.)
  88. 64181.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Research, Advertising, Publicity, and Education Campaigns [64181 - 64183] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must run one or more research, communication, and education campaigns.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Research, Advertising, Publicity, and Education Campaigns [64181 - 64183] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 64181. The council shall conduct one or more campaigns of research, communication, and education designed to accomplish the following purposes, among others: (a) To gather, publicize, and disseminate accurate and scientific information that shows the importance of the use and consumption of dairy products in relation to public health, balanced diet, and balanced nutrition of children and adults. (b) To provide education programs on the value and health benefits of milk and dairy products to empower stakeholders, including educators, health professionals, and communities, to elevate the health of children and families in accordance with consensus science. (Amended by Stats. 2019, Ch. 304, Sec. 92. (AB 590) Effective January 1, 2020.)
  89. 64182.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Research, Advertising, Publicity, and Education Campaigns [64181 - 64183] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must spend or allocate part of its yearly chapter money for research and choose the research projects to be done.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Research, Advertising, Publicity, and Education Campaigns [64181 - 64183] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 64182. (a) In each fiscal year, of the money that is received under this chapter, an amount to be determined by the council shall be expended or allocated for research, with particular emphasis on the role of milk and dairy products in adult and child nutrition. (b) The council shall select the research projects to be conducted. Those projects shall be carried out, as practicable, by the University of California, pursuant to a contract entered into between the Regents of the University of California and the council. If, however, the council determines that the college has no facilities for a particular project or that another recognized research agency has better facilities for it, the project may be carried out by the other research agency, pursuant to a contract with the council. (Amended by Stats. 2019, Ch. 304, Sec. 93. (AB 590) Effective January 1, 2020.)
  90. 64183.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Research, Advertising, Publicity, and Education Campaigns [64181 - 64183] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council-run or council-sponsored advertising or sales promotion programs must not make false or unwarranted claims, disparage authorized commodities, or refer to brand or trade names.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Research, Advertising, Publicity, and Education Campaigns [64181 - 64183] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 64183. An advertising or sales promotion program that is conducted or sponsored by the council shall not make any false or unwarranted claim, shall not disparage the quality, value, use, or sale of any commodity that is authorized by law to be marketed in this state, and shall not be conducted with reference to a brand or trade name. (Amended by Stats. 2019, Ch. 304, Sec. 94. (AB 590) Effective January 1, 2020.)
  91. 6421.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Markings [6421- 6421.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Plant shipments brought into the state must be clearly marked with the shipper or owner, the recipient or agent, the growing location, and a statement of contents.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Markings [6421- 6421.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6421. Each shipment of plants which is brought into this state shall have legibly marked upon it in a conspicuous manner and place all of the following: (a) The name and address of the shipper or owner. (b) The name of the person to whom the shipment is forwarded or shipped or the name of his agent. (c) The name of the country, state, or territory where the contents were grown. (d) A statement of its contents. (Enacted by Stats. 1967, Ch. 15.)
  92. 64221.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Records and Reports [64221 - 64223] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Every handler must keep complete and accurate milk records, and handlers that produce milk must include their own production in those records.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Records and Reports [64221 - 64223] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 64221. Every handler shall keep complete and accurate records of all milk in unprocessed form that the handler purchases, or possession or control of which it acquires from any producer or other handler. Every handler that produces milk shall include its own production in these records. Every handler shall also keep complete and accurate records of all milk that it utilizes for processing. (Amended by Stats. 2021, Ch. 371, Sec. 13. (AB 425) Effective January 1, 2022.)
  93. 64222.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Records and Reports [64221 - 64223] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Records kept under Section 64221 must be in a prescribed form, kept for two years, and open to inspection when the secretary requests it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Records and Reports [64221 - 64223] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 64222. Records kept pursuant to Section 64221 shall be all of the following: (a) In a form, and containing all information, relevant to the purposes of this chapter, that the secretary may, by order or regulation, prescribe. (b) Preserved for a period of two years. (c) Open to inspection at any time on the request of the secretary. (Amended by Stats. 2019, Ch. 304, Sec. 96. (AB 590) Effective January 1, 2020.)
  94. 64223.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Records and Reports [64221 - 64223] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may require certain handlers to file record information with the secretary, and the filing must be on forms prescribed and furnished by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Records and Reports [64221 - 64223] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 64223. The secretary may, by order or regulation, require every handler subject to the recordkeeping requirements in Section 64221 to file with the secretary the information, or any part of the information, in the records, that the first handlers are required to keep pursuant to this article. The information shall be on forms that are prescribed and furnished by the secretary. (Amended by Stats. 2021, Ch. 371, Sec. 14. (AB 425) Effective January 1, 2022.)
  95. 64291.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Violations and Penalties [64291 - 64292] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not use the same name as the Dairy Council of California, or a similar name that could mislead the public.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Violations and Penalties [64291 - 64292] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 64291. A person shall not use the same name, or a name so similar as to mislead the public into believing it is the same name, as the Dairy Council of California. (Enacted by Stats. 1967, Ch. 15.)
  96. 64292.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Violations and Penalties [64291 - 64292] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating any provision of this chapter is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Violations and Penalties [64291 - 64292] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 64292. Any violation of any provision of this chapter is a misdemeanor. (Enacted by Stats. 1967, Ch. 15.)
  97. 64300.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    This section says the article provides a comprehensive and continuing plan for financing the council’s operations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64300. This article provides for a comprehensive and continuing plan for financing the operations of the council. (Added by Stats. 1982, Ch. 380, Sec. 23. Effective July 4, 1982. Section operative January 1, 1983, pursuant to Section 64313.)
  98. 64301.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Each year, the secretary must set and announce assessments for producers and handlers, and the rates must stay within the caps listed for handlers and producers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64301. (a) Annually before the beginning of the fiscal year, the secretary shall, upon the recommendation of the council, establish and announce the assessments to be paid by producers and handlers for the coming fiscal year. (b) These assessments shall be established at levels sufficient to finance the budget for the coming fiscal year as approved by the secretary pursuant to Sections 64153 and 64154. (c) The rate structure of the assessments shall be as follows: (1) The following assessments for handlers of milk: (A) No more than 17.0 mills ($0.0170) per hundredweight for Class I milk. (B) No more than 8.5 mills ($0.0085) per hundredweight for all other usages of milk. (C) The relationship between the handler assessment rates per hundredweight established for Class I milk and for all other usages shall be at a ratio of 2 to 1. (2) For producers of milk if a stand-alone quota program established pursuant to Section 62757 is operative, the assessments shall be as follows: (A) No more than 2.0 mills ($0.0020) per pound for quota solids-not-fat, within the meaning given that term for purposes of the Quota Implementation Plan established pursuant to Section 62757. (B) No more than 1.0 mills ($0.0010) per pound for all other solids-not-fat. (C) The relationship between the producer assessment rates per pound quota solids-not-fat and per pound for all other solids-not-fat shall be at a ratio of 2 to 1. (3) For producers of milk if a stand-alone quota program established pursuant to Section 62757 is not operative, the assessments shall be as follows: (A) No more than 10.4 mills ($0.0104) per hundredweight of milk produced and delivered to a handler. (B) The producer assessment shall be without regard to the milk’s usage and shall be at a level between the two handler rates. (d) The handler and producer assessment rates established pursuant to this section shall be set at levels so that the total projected handler revenue for the year and the total projected producer revenue for the year to be generated from those assessments shall be as close to equal as reasonably possible. (Amended by Stats. 2021, Ch. 371, Sec. 15. (AB 425) Effective January 1, 2022.)
  99. 64301.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Higher maximum assessments than Section 64301 cannot be set unless producers and handlers approve them under the referendum voting thresholds in this section.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64301.5. Maximum allowable assessments greater than those provided in Section 64301 shall not be established unless approved by producers and handlers with at least 40 percent of all producers and handlers on record with the department submitting valid ballots during the referendum period, and either of the following: (a) A majority of producers and handlers voting in the referendum support the increase in the proposed higher maximum assessment allowed, and those producers and handlers voting in favor represent at least 65 percent of the total voted volume represented by each category. (b) At least 65 percent of producers and handlers voting in the referendum support the increase in the proposed higher maximum assessment allowed, and those producers and handlers voting in favor represent a majority of the total voted volume represented by each category. (Amended by Stats. 2021, Ch. 371, Sec. 16. (AB 425) Effective January 1, 2022.)
  100. 64302.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Milk producer assessments must be collected by the first handler through deduction from payments to the producer, and each handler must pay the assessment on its own production.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64302. (a) The producer assessments shall be collected by the first handler that purchases, or otherwise acquires possession or control of, the milk by deducting the assessment from any payment that is due to the producer for the milk. Each handler shall pay the assessment on the handler’s own production. For the purposes of this article, a handler that sells unprocessed milk, of which the handler has the right to possession or control by contract or otherwise, to another handler, and delivers this milk in unprocessed form to the other handler or causes this milk to be delivered to the other handler directly from the producer, is the first handler of this milk. (b) (1) When the stand-alone quota program, provided pursuant to Section 62757, is in effect, the assessment of each producer for all milk shall be determined on the total solids-not-fat of milk produced and delivered. (2) When the stand-alone quota program, provided pursuant to Section 62757, is not in effect, the assessment of each producer for all milk shall be determined on the total hundredweight of milk produced and delivered. (c) The collection of assessments to be paid by handlers pursuant to Section 64303 shall be used for the handler portion of council assessments only, and shall not affect payments of producers, nor in any way change the method of producer payment for milk. (Amended by Stats. 2021, Ch. 371, Sec. 17. (AB 425) Effective January 1, 2022.)
  101. 64303.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Each handler must pay the secretary the assessments established for milk used in the handler’s plant for processing and manufacturing milk and milk products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64303. Each handler shall pay to the secretary the assessments established for all milk used in the plant of the handler in the processing and manufacture of milk and milk products. (Amended by Stats. 2021, Ch. 371, Sec. 18. (AB 425) Effective January 1, 2022.)
  102. 64304.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Assessments must be billed monthly to the handler and paid to the secretary by the 15th day of the second month after the milk was received.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64304. The assessments established and assessed as prescribed in this chapter shall be billed monthly to the handler and shall be paid to the secretary no later than the 15th day of the second month following the month during which the milk was received. (Amended by Stats. 2021, Ch. 371, Sec. 19. (AB 425) Effective January 1, 2022.)
  103. 64305.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    The secretary may enforce and collect assessments under this chapter, using direct payment or accounting procedures the secretary establishes under Chapter 3.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64305. Assessments established and assessed under this chapter may be enforced and collected by the secretary through direct payment or through accounting procedures established by the secretary under Chapter 3.5 (commencing with Section 62750). (Amended by Stats. 2019, Ch. 304, Sec. 104. (AB 590) Effective January 1, 2020.)
  104. 64306.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    The secretary may add a 10% penalty to unpaid assessments and may also charge 1% interest on the unpaid balance for each 30 days the assessment remains unpaid.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64306. To the amount of assessments that are unpaid when due, the secretary may add a penalty of 10 percent. In addition, the secretary may assess interest at a rate of 1 percent of the unpaid balance for each 30 days the assessment is unpaid. (Amended by Stats. 2019, Ch. 304, Sec. 105. (AB 590) Effective January 1, 2020.)
  105. 64307.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    The secretary may bring an action to recover unpaid assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64307. The secretary, by action prosecuted by the secretary, may recover any unpaid assessments. In any action, a certificate of the secretary that shows the amount, including the penalty, determined by the secretary to be required to be paid by the person required to pay this amount 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. 106. (AB 590) Effective January 1, 2020.)
  106. 64308.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    If a handler fails to provide needed information to calculate assessments, the secretary must estimate the amount due from available department or other sources.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64308. If any handler does not provide the information necessary to determine the amount of assessments 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. In any action by the secretary to recover assessments pursuant to this chapter, a certificate of the secretary that shows the amount determined by the secretary to be required to be paid by the person that is required to pay the assessments is prima facie evidence of the delinquency of the amount that is shown. The presumption established by this section is a presumption affecting the burden of proof. (Amended by Stats. 2021, Ch. 371, Sec. 20. (AB 425) Effective January 1, 2022.)
  107. 64308.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Producers may get refunds of milk assessments if they were not paid, or were only partly paid, for the milk shipped, and they may have to repay refunded amounts later if they are paid afterward.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64308.5. (a) Assessments paid on milk pursuant to this chapter shall be refunded to a producer that meets the following criteria: (1) The producer was not paid, or received only partial payment, for the milk shipped. (2) The producer has agreed to repay the refunded assessments to the affected programs if, on a subsequent date, the producer is paid for the milk. (b) The producer shall receive a full refund of the assessments paid on milk shipped for which no payment was received. If partial payment was received, the producer shall receive a refund of the assessments paid on milk for which payment was not received. (c) If a producer subsequently receives full or partial payment for milk for which assessments have been refunded, the producer shall repay the assessments in an amount proportionate to the portion of milk for which payment has been received. (d) Refunds shall not be made pursuant to this section if the refund would cause a producer to incur an additional assessment obligation to the National Dairy Promotion and Research Program. (e) The secretary shall adopt procedures for refunding assessments in accordance with this section. Those procedures shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2019, Ch. 304, Sec. 108. (AB 590) Effective January 1, 2020.)
  108. 64309.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Money collected by the secretary under this chapter must be deposited in a bank or other depository approved by the Director of Finance, and the council’s expenditures must be audited at least annually.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64309. (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 Director of Finance. Those funds shall be deposited and disbursed in conformity with appropriate regulations prescribed by the secretary and may be allocated to pay for expenses generated by the auditing requirement imposed by subdivision (b). The expenditure of those funds shall be exempt from the provisions of Section 925.6 of the Government Code. (b) All expenditures by the council shall be audited at least annually by one of the following means: (1) By contract with a certified public accountant. (2) By contract with a public accountant holding a valid permit issued by the California Board of Accountancy. (3) By contract with a public accounting firm. (4) By agreement with the Department of Finance. (c) A copy of the audit shall be delivered within 30 days after its completion to the Governor, the secretary, and the Controller. (Amended by Stats. 2019, Ch. 304, Sec. 109. (AB 590) Effective January 1, 2020.)
  109. 64310.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Money collected by the secretary under this chapter is continuously appropriated to the department, and the council must use it only for necessary expenses and authorized refunds or related dairy activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64310. (a) Notwithstanding Section 13340 of the Government Code, money that is collected by the secretary pursuant to this chapter is continuously appropriated to the department to carry out the duties that are imposed upon the secretary and the council pursuant to this chapter. The appropriation that is made in this section is exempt from the operation of Section 16304 of the Government Code. (b) The money that is collected by the secretary pursuant to this chapter shall be disbursed by the council only for the necessary expenses incurred by the council and the secretary to carry out the purposes of this chapter, including the payment of refunds that are authorized pursuant to this chapter. The council may disburse these funds in authorized activities related to particular dairy products without reference to the branches of the dairy industry from which these funds are derived. (Amended by Stats. 2019, Ch. 304, Sec. 110. (AB 590) Effective January 1, 2020.)
  110. 64311.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Money deposited under Section 64309 may be invested or reinvested by the Treasurer or the council if the secretary decides it is available for investment.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64311. Any money that is deposited pursuant to Section 64309 that the secretary determines is available for investment may be invested or reinvested by the Treasurer or the council 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 Part 2 of Division 4 of Title 2 of the Government Code, and handled in the same manner as money in the State Treasury. For these purposes, these moneys may also be combined with funds determined by the secretary to be available for investment pursuant to Section 58939 of Chapter 1 of Part 2 of Division 21 of the Food and Agricultural Code. (Amended by Stats. 2019, Ch. 304, Sec. 111. (AB 590) Effective January 1, 2020.)
  111. 64312.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. )

    Verify source ↗

    Money received as investment, reinvestment, or deposit under Section 64311 must be credited to the council. The Treasurer may deduct reasonable article-related costs from the remittance or bill the secretary for them, and the secretary must pay those costs from money collected under the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Financing Plan [64300 - 64312] ( Article 11 added by Stats. 1982, Ch. 380, Sec. 23. ) ## 64312. Any increment that is received from investment, reinvestment, or deposit of money pursuant to Section 64311 shall be deposited to the credit of the council. The Treasurer may deduct from this remittance an amount equal to the reasonable costs incurred in carrying out the provisions of this article or may bill the secretary for the costs and the secretary shall pay the costs from moneys collected pursuant to this chapter. (Amended by Stats. 2019, Ch. 304, Sec. 112. (AB 590) Effective January 1, 2020.)
  112. 64320.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. )

    Verify source ↗

    The secretary must periodically decide whether the Dairy Council program continues, and may send it to referendum if a substantial question is found.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. ) ## 64320. (a) Between July 1 and December 31 of each year ending in the number three or eight, the secretary shall, by the public hearing procedure, and if appropriate, the referendum procedure, provided for in this article, determine whether the council program provided for in this chapter shall continue in effect. (b) If the secretary finds from evidence received at the hearing that a substantial question exists as to whether the council program is contrary to or does not effectuate the declared purposes or provisions of this chapter, the council program shall be submitted to referendum as provided in subdivision (c). (c) If the secretary determines that a referendum procedure is appropriate, the secretary shall establish a referendum period of not to exceed 30 days during which period ballots shall be submitted to all producers and handlers on a statewide basis. If the secretary determines that the referendum period does not provide sufficient time for the balloting, the secretary may extend the referendum for an additional period not to exceed 30 days. The ballots shall provide a “yes” or “no” voting alternative to the question: “Shall the Dairy Council of California be continued for the next five fiscal years beginning July 1 following this referendum?” (Amended by Stats. 2021, Ch. 371, Sec. 21. (AB 425) Effective January 1, 2022.)
  113. 64321.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. )

    Verify source ↗

    If a council program is put to referendum, the secretary must find statewide assent only when the voting and approval thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. ) ## 64321. If the council program is submitted to a referendum, the secretary shall find that producers and handlers statewide have assented to the council program if the secretary finds both of the following: (a) Sixty-five percent or more of the total number of handlers voting approve the council program. (b) (1) No less than 51 percent of the total number of eligible producers in the state voted in the referendum. (2) Sixty-five 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 during the second calendar month preceding the month of the beginning of the referendum period by all producers who voted in the referendum approve the council program, or 51 percent or more of the total number of eligible producers who voted in the referendum and who produced 65 percent or more of the total amount of fluid milk produced during the second calendar month preceding the month of the beginning of the referendum period by all producers who voted in the referendum, approve the council program. (Amended by Stats. 2021, Ch. 371, Sec. 22. (AB 425) Effective January 1, 2022.)
  114. 64321.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. )

    Verify source ↗

    If the secretary finds the council program was not assented to by producers and handlers, the program may be resubmitted to a referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. ) ## 64321.5. If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321, the council program may be resubmitted to a referendum as prescribed in this article within a period of no less than 60 days and no more than 180 days after the secretary announces the plan was not approved. (Amended by Stats. 2021, Ch. 371, Sec. 23. (AB 425) Effective January 1, 2022.)
  115. 64322.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. )

    Verify source ↗

    If the secretary finds no assent to the council program, the chapter and council are suspended starting July 1 after the referendum or resubmission referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. ) ## 64322. (a) If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321 or, if the council program is resubmitted, Section 64321.5, operation of the provisions of this chapter and of the council shall be suspended beginning on July 1 following the referendum or, in the case of resubmission, referendums. (b) After the effective date of suspension of the operation of the provisions of this chapter and of the council, the operations of the council shall be wound up, and any real and personal property held in the name of the council shall be liquidated and the proceeds, along with any and all remaining money held by the council, collected by assessment and not required to defray the expenses of winding up and terminating operations of the council, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding three months. However, if the secretary finds that the amounts returnable pursuant to this subdivision are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys. (Amended by Stats. 2021, Ch. 371, Sec. 24. (AB 425) Effective January 1, 2022.)
  116. 64323.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. )

    Verify source ↗

    A ballot filed with the secretary is confidential and may be disclosed only when needed to decide a court proceeding or a hearing before the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 1. The Dairy Council of California Law [64001 - 64323] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Referendum [64320 - 64323] ( Article 12 added by Stats. 1982, Ch. 380, Sec. 24. ) ## 64323. A ballot filed with the secretary pursuant to this chapter is confidential and shall not be divulged unless necessary for the proper determination of a court proceeding or hearing before the secretary. (Added by Stats. 2019, Ch. 304, Sec. 118. (AB 590) Effective January 1, 2020.)
  117. 6441.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Pest Findings [6441 - 6443] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If inspection finds a plant or thing infested or infected, the owner or bailee must disinfect the conveyance or place where it was located, at their own expense.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Pest Findings [6441 - 6443] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6441. If, after inspection, any plant or thing is found to be infested or infected, the owner or bailee shall, at his expense, disinfect the conveyance or place where the plant or thing may have been located, in such manner as to destroy all infection or infestation present, or that is liable to be present. (Enacted by Stats. 1967, Ch. 15.)
  118. 6442.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Pest Findings [6441 - 6443] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The inspecting officer must not let certain articles be removed if they may spread infestation or infection, except for supervised destruction or disinfection, and must hold liable articles until they are disinfected and the pest is destroyed.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Pest Findings [6441 - 6443] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6442. The officer who makes the inspection shall not permit any article to be removed which has come in contact with the infested or infected plant or thing, if such article might convey infection or infestation, until after the infection or infestation is destroyed, except for the purpose of destruction or disinfection under the supervision of the inspecting officer. Any article which is liable to be infested or infected shall be held until it has been thoroughly disinfected and the pest has been destroyed. (Enacted by Stats. 1967, Ch. 15.)
  119. 6443.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Pest Findings [6441 - 6443] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may designate certain imported plants as releasable without inspection if, after investigation, the director finds they are not likely to introduce pests into the state.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Pest Findings [6441 - 6443] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 6443. The director may designate certain plants that are not for planting, propagation, or ornamental purposes within this state, which are arriving from certain areas, to be plants that may be released without inspection, if he finds, upon investigation, that such plants from such areas are not liable to cause the introduction of pests into this state. (Enacted by Stats. 1967, Ch. 15.)
  120. 64501.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter is called the California Beef Council Law.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64501. This chapter shall be known as the “California Beef Council Law.” (Enacted by Stats. 1967, Ch. 15.)
  121. 64502.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The article’s definitions apply to this chapter unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64502. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  122. 64503.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    For this provision, “beef” includes veal.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64503. “Beef” includes veal. (Enacted by Stats. 1967, Ch. 15.)
  123. 64504.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    For this section, “beef products” includes veal products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64504. “Beef products” includes veal products. (Enacted by Stats. 1967, Ch. 15.)
  124. 64505.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “Council” to mean the California Beef Council.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64505. “Council” means the California Beef Council. (Enacted by Stats. 1967, Ch. 15.)
  125. 64506.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “person” to include individuals and several types of organizations and business entities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64506. “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization. (Amended by Stats. 1994, Ch. 1010, Sec. 132. Effective January 1, 1995.)
  126. 64507.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “producer” as a person engaged in raising, breeding, feeding, or growing cattle or calves for dairy or beef production.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [64501 - 64507] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 64507. “Producer” means any person that is engaged in the business of raising, breeding, feeding, or growing cattle or calves for dairy production or for beef production. (Enacted by Stats. 1967, Ch. 15.)
  127. 64531.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section declares that the chapter serves public health and welfare purposes and recognizes the cattle industry as a public-interest industry.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 64531. It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the power of this state for the purposes of protecting and furthering the public health and welfare. It is further declared that the cattle industry of this state is affected with a public interest, in that, among other things: (a) The production, processing, manufacture, and distribution of beef and beef products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions, and employment and a means of livelihood for many thousands of its population, but also furnishes essential foods that are vital to the public health and welfare. (b) The stabilization, maintenance, and expansion of the cattle industry of California, and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a great segment of the population of this state, to maintain proper wage scales for those engaged in the cattle industry, and to maintain existing employment. (c) The essentiality of beef and beef products in a proper human nutrition and to the maintenance of a high level of public health is such as to require that the public be made thoroughly aware thereof, and be protected against misrepresentation and deception, by the dissemination of accurate and scientific information relative to the healthful qualities of beef and beef products, their various classifications and the food values and industrial and medicinal uses thereof, the methods, care and precautions necessary to their proper production, processing, manufacture, and distribution, and the necessary costs and expenses thereof, and the necessity and desirability on the part of the public of using and consuming beef and beef products of the highest standards of quality. (Enacted by Stats. 1967, Ch. 15.)
  128. 64532.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states the chapter’s purposes: to support beef market development, authorize the director to run related research and education programs, and fund administration and enforcement through mandatory fees unless producers use voluntary contributions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 64532. The purposes of this chapter are as follows: (a) To enable the cattle industry, with the aid of the state, to develop, maintain, and expand the state, nationwide, and foreign markets for beef and beef products produced, processed, manufactured, sold, or distributed in this state, for human consumption, and the use and consumption of these beef and beef products in those markets. (b) In aid, but not in limitation, of the purpose in subdivision (a), to authorize and enable the director to formulate and effectuate, directly or in cooperation with other agencies and instrumentalities which are specified in this chapter, research relating to the nutritional qualities of beef and beef products and public consumption patterns and trends, and sales stimulation and consumer, or other, educational programs designed to increase the use and consumption of beef and beef products for human consumption. (c) To provide funds for the administration and enforcement of this chapter by mandatory fees to be collected in the manner which is prescribed in this chapter, unless producers elect to provide those funds through voluntary contributions pursuant to Article 7 (commencing with Section 64671). (Amended by Stats. 1986, Ch. 265, Sec. 1. Effective July 11, 1986.)
  129. 64533.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is found unconstitutional or invalid, the rest still stands.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 64533. This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or invalid, such decision does not affect the remaining portion of this chapter but such unconstitutional or invalid provision is separable from the valid parts of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  130. 64534.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating this chapter is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [64531 - 64534] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 64534. Any violation of this chapter is a misdemeanor. (Amended by Stats. 1986, Ch. 265, Sec. 2. Effective July 11, 1986.)
  131. 64561.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must administer and enforce this chapter and may use certain administrative powers and contract to carry out the chapter’s purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 64561. The director shall administer and enforce the provisions of this chapter, and may exercise any of the administrative powers which are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, the director may contract to carry out the declared intent and purposes of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  132. 64562.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make regulations for administering and enforcing this chapter if the council recommends it and the regulations stay consistent with the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 64562. Upon recommendations by the council the director may establish consistent with this chapter such regulations which cover the administration and enforcement of this chapter as may be necessary to carry out the purposes and attain the objectives of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  133. 64563.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When regulations affecting this chapter are issued, they must be posted and published, and the secretary must mail notice to certain people. The regulations do not take effect until five days after posting and publication.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 64563. Upon the issuance of any regulations that affect this chapter, a copy of the regulations shall be posted on the department’s Internet Web site. A copy of the regulations shall also be published in a newspaper of general circulation published in Sacramento, California, and in any other newspaper that the secretary may prescribe. No regulation shall become effective until five days after the date of the posting and publication. The secretary shall mail a copy of the notice of the issuance of the regulations to every person that is directly affected by the regulations whose name and address may be on file in the office of the secretary and to every person who files in the office of the secretary a written request for the notice. (Amended by Stats. 2018, Ch. 223, Sec. 4. (AB 3260) Effective January 1, 2019.)
  134. 64564.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may buy general liability insurance for the council, and the council must pay the cost.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Administration [64561 - 64564] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 64564. The director may purchase general liability insurance for the council subject to the provisions of this chapter in an amount he or she determines as necessary. The cost of the insurance shall be paid by the council. The insurance policy shall name the director, in his or her official capacity, and the council as insured parties for claims made against the council in its advisory capacity to the director or against the director regarding the activities of the council. The director, after consultation with the Attorney General, may refer claims to the insurance carrier for appropriate action. In the alternative, the director may require that claims be handled in the manner otherwise specified in this chapter. (Added by Stats. 1989, Ch. 383, Sec. 4.)
  135. 64591.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must appoint the California Beef Council’s designated members, and council members and alternates must be citizens and residents of California who are producers, packers, or processors.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64591. There is in the state government the California Beef Council which consists of 20 members and 20 alternates, all of whom shall be citizens and residents of this state and producers, packers, or processors. The secretary shall appoint to the council six range cattlemen, six cattle feeders, and six dairymen nominated as producers and two packers or processors as hereinafter provided for, giving due regard to proper geographic distribution. This requirement shall not, however, operate to remove from office any member of the council. Subject to the provisions of this section and of Section 64592, present members of the council shall be eligible for reappointment. (Amended by Stats. 2001, Ch. 291, Sec. 1. Effective January 1, 2002.)
  136. 64591.1.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must appoint one public member and one alternate public member to the council, and they cannot be affiliated with beef production or marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64591.1. Notwithstanding other provisions of this article, the director shall, with or without nominations, appoint one member and one alternate member to the council to represent the general public, in addition to the 20 members of the council otherwise provided for. Such persons shall not be affiliated in any way with the production or marketing of beef and shall have all of the rights and privileges, including voting, of any other member or alternate member of the council. The regular term of office of any member or respective alternate member appointed pursuant to this section shall be as close as possible to three full years and shall terminate on December 31 of the year which will provide for more than two but not more than three full years in office. (Added by Stats. 1976, Ch. 1007.)
  137. 64592.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members and alternates generally serve three-year terms, with staggered initial terms and limits on consecutive service.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64592. The terms of office of the members and alternates of the council shall be three years, except as provided in this section. The first appointments made under this chapter shall be so made that the terms of six members and their alternates shall expire at the end of one year, six members and their alternates shall expire at the end of two years, and seven members and their alternates shall expire at the end of three years. However, the terms of the first members and alternates appointed from slaughterers pursuant to amendments made to this section during the 1973 portion of the 1973–74 Regular Session of the Legislature shall be for three years. Any vacancy which occurs during the unexpired term shall be filled by the director for the unexpired term from the eligible nominees. No council member or alternate shall serve more than two consecutive three-year terms. Service as an alternate does not disqualify a person to then serve two such terms as a member, and a member who was appointed for a one- or two-year term may serve two additional three-year terms. The director may remove any member of the council or alternate for cause and upon such removal there is a vacancy which shall be filled in the manner as provided for the unexpired term. (Amended by Stats. 1973, Ch. 418.)
  138. 64593.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may hold nomination meetings or mail nomination forms to collect nominations for council membership, and must use existing department lists when mailing forms.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64593. With or without recommendations or other nominations from the council or otherwise, during September and October of each year, the secretary may, if deemed appropriate or necessary by him or her, provide notice of, and hold, producer nomination meeting or meetings or may prepare and mail nomination forms to producers, for the purpose of receiving nominations for producer membership on the council. When nomination forms are mailed, the secretary shall utilize existing department lists of producers, packers, or processors. The secretary may also provide notice of, and hold, packer or processor nomination meeting or meetings or otherwise receive nominations for packers or processors, as deemed appropriate by him or her, including, but not necessarily limited to, nominations received by mailing similar nomination forms to the packers or processors on existing department lists. Notwithstanding other provisions of this section, the secretary may, whenever and in any manner deemed necessary and appropriate by him or her, obtain nominations of producers, packers, or processors for membership on the council. (Amended by Stats. 2001, Ch. 291, Sec. 2. Effective January 1, 2002.)
  139. 64595.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Mail notices about nominations must say where mail nominations go, that the director will consider timely mailed nominations, and the mailing forms must include specific nominee and nominator details.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64595. Press releases or other notice of nomination procedures, when conducted by mail, shall indicate that nominations shall be mailed to the director at his office in Sacramento and that the director will consider all nominations received by mail, within the time designated by him. Nominations by mail shall set forth (1) the name and address of each nominee, (2) whether each nominee is being nominated as a member or alternate member, (3) the type of producer (dairy, feeder, or range cattle) of each nominee, or, if a nominee is a slaughterer, that fact, and (4) the signature and address of the nominator. (Amended by Stats. 1978, Ch. 46.)
  140. 64596.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A majority of the council’s members is required for a quorum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64596. A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers. (Enacted by Stats. 1967, Ch. 15.)
  141. 64598.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must annually choose a chairman and vice chairman, and it must also choose five other members to form the executive committee.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64598. The council shall select annually from its number, to serve at its pleasure, a chairman and vice chairman who, together with five other members selected annually by the council, shall constitute the executive committee of the council. The executive committee shall have and exercise such powers of the council as the council may delegate to it. (Enacted by Stats. 1967, Ch. 15.)
  142. 64599.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council and its executive committee must hold two regular meetings each year, and both may also hold special meetings under stated calling rules.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64599. The council shall have two regular meetings in each year at times and places which are fixed by the council. The times for regular meetings shall be fixed so that there is an interval of at least four calendar months between such meetings. The council may meet in special meetings at any time and place at the call of the chairman or upon the written request of five members of the council. The executive committee shall have two regular meetings each year at times and places which are fixed by it, and may meet in special meetings at any time and place at the call of the chairman or on call of a majority of the members of the executive committee. (Enacted by Stats. 1967, Ch. 15.)
  143. 64600.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members must be reimbursed for necessary travel and other expenses they incur while performing their official duties.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64600. The members of the council shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties. (Amended by Stats. 2001, Ch. 291, Sec. 3. Effective January 1, 2002.)
  144. 64601.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members may not receive compensation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64601. No member of the council shall receive compensation. (Amended by Stats. 2001, Ch. 291, Sec. 4. Effective January 1, 2002.)
  145. 64602.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may require council employees or agents to provide a fidelity bond.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64602. The director may require any employee or agent of the council to give a fidelity bond, executed by a surety company which is authorized to do business in this state, in favor of the director, in such sum, and containing such terms and conditions, as the director may prescribe. The cost of all such fidelity bonds of employees or agents of the council shall be paid from the funds which are collected pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  146. 64603.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members and employees are not personally liable for the council’s contracts or agreements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64603. No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities which arise out of the administration and enforcement of this chapter are payable only from funds which are collected pursuant to the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  147. 64604.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An alternate council member must step in as a regular member when the assigned member misses a meeting, and gets the same compensation and authority as the member being replaced, except for the chair or vice chair functions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64604. An alternate member of the council shall sit as a regular member of the council if the member for whom he is an alternate fails for any reason to attend any meeting of the council. He shall be compensated and reimbursed in the same manner and to the same extent as a regular member when so serving and when so serving has all the powers, duties, liabilities, and immunities of the member in whose place he is serving, except that the alternate to the chairman or vice chairman shall not succeed to the functions of these offices. (Enacted by Stats. 1967, Ch. 15.)
  148. 64605.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Legislature states that council appointees from producers, packers, or processors are meant to represent the relevant agricultural industry and serve the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. California Beef Council [64591 - 64605] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 64605. It is hereby declared, as a matter of legislative determination, that producers, packers, or processors appointed to the council 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 council, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 2001, Ch. 291, Sec. 5. Effective January 1, 2002.)
  149. 6461.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to bring into the state plants or other items infested with pests the director has listed as harmful to agriculture. The director must maintain that pest list and may impose inspection or treatment requirements on repeat shippers or transporters, and may charge inspection/control costs for violating commercial shipments.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6461. It is unlawful to ship or transport any plant or any other thing into this state which is infested with any pest which has been listed, by the director, as detrimental to agriculture in this state. The director shall either establish and amend the list of pests by order, after notice and opportunity for written or oral comments, or through the adoption or amendment of quarantine regulations. In addition to the civil, criminal, and administrative remedies specified in this division, the director may, after notice and opportunity to respond, impose inspection, treatment, certification, holding, or other requirements for any shipper or transporter that has shipped or transported three or more pest-infested shipments into this state within any 12-month period. With regard to any commercial shipment violating any of those requirements imposed pursuant to this section, the director or commissioner may also charge the shipper or transporter the cost of inspecting and controlling the pest. (Added by Stats. 1992, Ch. 29, Sec. 2. Effective January 1, 1993.)
  150. 6461.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A shipment of plants or other items brought into the state in violation of the chapter or a quarantine, if found or reasonably suspected to be infested or infected with a pest, must be destroyed immediately by or under the inspector’s supervision, at the owner’s or bailee’s expense, unless another rule in the article says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6461.5. Except as otherwise provided in this article, if any shipment of plants or any other things in violation of this chapter or any quarantine which has been established, is brought into this state and it is found to be infested or infected, or there is reasonable cause to believe that it may be infested or infected, with any pest, the shipment shall be immediately destroyed by, or under the supervision of, the officer who inspects it, at the expense of the owner or bailee of the shipment. (Added by renumbering Section 6461 by Stats. 1992, Ch. 29, Sec. 1. Effective January 1, 1993.)
  151. 6462.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a pest poses no detriment to state agriculture, the inspecting officer may tag the shipment and must notify the owner or bailee to ship it out of the state; the owner or bailee must do so within the notice period.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6462. If the nature of the pest is such that no detriment can be caused to agriculture in the state by the shipment of the plant or thing out of the state, the officer who makes the inspection may affix a warning tag or notice to the shipment. The officer shall notify the owner or bailee of the plant or thing to ship it out of the state within 48 hours. The owner or bailee shall ship the plant or thing out of the state within the time which is specified in the notice. The shipment is under the direction and control of the officer who makes the inspection and is at the expense of the owner or bailee. (Enacted by Stats. 1967, Ch. 15.)
  152. 6463.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a plant or thing is not shipped out of the state by the deadline in the notice, the inspecting officer must seize and destroy it.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6463. If the plant or thing is not shipped out of the state within the time which is specified in the notice, the inspecting officer shall immediately after the expiration of the time seize the plant or thing and destroy it at the expense of the owner or bailee. (Enacted by Stats. 1967, Ch. 15.)
  153. 64631.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council’s duties are mainly advisory, but the director may delegate specific duties to it. The council may also exercise delegated powers, subject to the director’s approval.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64631. The duties of the council shall be advisory, except as to those duties which may be delegated to it by the director. The council may, subject to the approval of the director, exercise any of the following powers which may be delegated to the council by the director: (a) To recommend to the director administrative regulations which relate to the administration and enforcement of this chapter. (b) To investigate all matters which affect the administration of this chapter, and to report violations of it to the director. (c) To employ and, at its pleasure, discharge a manager and such clerical help and other employees as it deems necessary, and to prescribe their duties and powers and fix their compensation. (d) To contract with, or employ, and, at its pleasure, discharge such other persons as it deems necessary, and in the cases of such of them as it shall employ, to outline their powers and duties and fix their compensation. (e) To establish offices, and incur expenses incidental thereto. (f) To make such contracts and other agreements as may be proper to promote the sale of beef and beef products on either a local, state, national, or international basis. (g) To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or created by state or federal law, and engaged in work or activities similar to the work and activities of the council, and recommend to the director the making of contracts and agreements with such organizations or agencies for carrying on joint programs of education, research, publicity, and advertising. In matters of research, however, the council shall cooperate with organizations of recognized professional standing which are adequately equipped with facilities for the research which is contemplated. (h) To recommend to the director the institution and promotion of scientific research to develop or discover, or both, the health, food, therapeutic, dietetic, industrial, or other uses of beef and its products. (i) To receive, invest, and disburse funds, pursuant to the provisions of Article 8 (commencing with Section 64691). Funds may be allocated to agencies not specifically or solely engaged in carrying on research or promotion for beef, if the council and the director are satisfied that such allocations will be beneficial to the California beef industry, and will tend to effectuate the declared purposes of this chapter. (Amended by Stats. 1982, Ch. 641, Sec. 5.)
  154. 64632.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must keep necessary books, records, and accounts, and the director may inspect and audit them at all times.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64632. The council shall keep such books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary. Such books, records, and accounts shall at all times be open to inspection and audit by the director. (Enacted by Stats. 1967, Ch. 15.)
  155. 64633.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Council members, alternate agents, and employees may not appear before legislative committees as council representatives unless asked, and may not lobby as council representatives.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64633. A member, alternate agent, or employee of the council shall not do any of the following: (a) Appear before any legislative committee of the state or federal government as a representative of the council unless requested to do so by such committee. (b) Lobby in any manner as a representative of the council. (Enacted by Stats. 1967, Ch. 15.)
  156. 64634.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Funds collected under this chapter must not be used for political contributions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64634. None of the funds which are collected pursuant to this chapter shall be used for political contributions. (Enacted by Stats. 1967, Ch. 15.)
  157. 64635.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The council must prepare annual summarized statements about its past and planned activities, and provide them to requesting producers and slaughterers.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers and Duties [64631 - 64635] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 64635. The council shall prepare annually, summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities in which it proposes to engage in the ensuing annual period. Such statements shall be made available to all producers and slaughterers that request them. (Amended by Stats. 1973, Ch. 418.)
  158. 6464.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A shipment may be treated or processed, if the pest can be exterminated by a director-prescribed method and the inspecting officer determines the treatment will not damage agriculture in 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 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6464. If the pest may be exterminated by treatment or processing which is prescribed by the director and it is determined by the inspecting officer that the nature of the pest is such that no damage can be caused to agriculture in this state through such treatment or processing or any procedure which is incidental thereto, the shipment may be treated or processed under the supervision of the inspecting officer at the expense of the owner or bailee in the manner, and within the time, which is specified by the inspecting officer. (Enacted by Stats. 1967, Ch. 15.)
  159. 6465.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the inspecting officer determines the pest has been exterminated after treatment or processing, the shipment may be released.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Interstate Shipments [6401 - 6465] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Abatement, Reshipment, or Treatment [6461 - 6465] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 6465. If, after the treatment or processing, the inspecting officer determines that the pest has been exterminated, the shipment may be released. (Enacted by Stats. 1967, Ch. 15.)
  160. 64661.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Education, Research, or Public Information Programs [64661 - 64663] ( Article 6 enacted on Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must conduct, or may have the council conduct, education, research, or public information programs about beef and beef products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Education, Research, or Public Information Programs [64661 - 64663] ( Article 6 enacted on Stats. 1967, Ch. 15. ) ## 64661. The director shall conduct, or may cause the council to conduct, programs of education, research, or public information, which are designed to accomplish the following purposes, among others: (a) Increase the consumption of beef and beef products. (b) Gather, publicize, and disseminate accurate and scientific information which shows the importance of the use and consumption of beef and beef products in relation to the public health, economy, and diet, and proper nutrition of children and adults. (c) Study means and methods which are employed in producing, processing, manufacturing, marketing, and distributing beef and beef products in order to comply with the sanitary and other regulations which are imposed by municipalities, this state, and the United States. (d) Gather and disseminate information regarding the high standards which are observed and imposed to ensure pure and wholesome beef and beef products. (e) Gather and disseminate information regarding the harmful effects on the public health resulting from the breakdown or instability of the cattle industry, the factors and conditions peculiar to the cattle industry which tend to cause an unbalanced production, the price of beef and beef products in relation to the cost of other items of food in a balanced diet. (f) Gather and disseminate information regarding the nutritional qualities of beef and beef products and public consumption patterns and trends, and the factors which tend to promote increased consumption of beef and beef products, stabilize the industry, and foster a better understanding and more efficient cooperation among producers and slaughterers and the consuming public. (Amended by Stats. 1986, Ch. 265, Sec. 3. Effective July 11, 1986.)
  161. 64662.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Education, Research, or Public Information Programs [64661 - 64663] ( Article 6 enacted on Stats. 1967, Ch. 15. )

    Verify source ↗

    Programs or activities under this chapter must not make false or unwarranted claims, disparage authorized commodities, or be conducted using a private brand or trade name that refers to beef or a beef product, except as allowed by Section 64663.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Education, Research, or Public Information Programs [64661 - 64663] ( Article 6 enacted on Stats. 1967, Ch. 15. ) ## 64662. No program or activity which is conducted or sponsored pursuant to this chapter shall make false or unwarranted claims, or disparage the quality, value, use, or sale of any commodity authorized by law to be marketed in this state, nor shall any such program be conducted with reference to a private brand or trade name which refers to beef or a beef product, except as provided for in Section 64663. (Amended by Stats. 2001, Ch. 291, Sec. 6. Effective January 1, 2002.)
  162. 64663.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Education, Research, or Public Information Programs [64661 - 64663] ( Article 6 enacted on Stats. 1967, Ch. 15. )

    Verify source ↗

    The council may not use beef council funds to advertise brand name beef products unless a two-thirds council vote approves it with the secretary’s concurrence. It may use those funds for cost-sharing advertising with nonbeef brand name products.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Education, Research, or Public Information Programs [64661 - 64663] ( Article 6 enacted on Stats. 1967, Ch. 15. ) ## 64663. The council shall not expend beef council funds for the advertising of brand name beef products, unless the expenditures are approved by a two-thirds vote of the council with the concurrence of the secretary. The council may expend beef council funds to conduct cost-sharing advertising with nonbeef brand name products. (Amended by Stats. 2001, Ch. 291, Sec. 7. Effective January 1, 2002.)
  163. 64671.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. )

    Verify source ↗

    If a qualifying petition is filed, the director must hold a referendum of producers, and the referendum period must be 30 to 90 days. Anyone who starts circulating the petition must notify the director.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. ) ## 64671. Whenever a petition is presented to the director which has been signed by 2,000, or more, of the total producers in the state, not more than six months prior to its presentation to the director, the director shall conduct a referendum among producers to ascertain whether they favor the carrying on of a voluntary promotion and research program for beef as prescribed in Section 64661. At the time any person starts to circulate such a petition, he shall notify the director of such action. The director shall establish the period of time during which such referendum shall be conducted which shall be not less than 30 days nor more than 90 days. (Repealed and added by Stats. 1973, Ch. 418.)
  164. 64672.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. )

    Verify source ↗

    The director must count and tabulate referendum ballots, announce the results at the end of the referendum period, and declare the program voluntary if the stated voting thresholds are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. ) ## 64672. The director shall count and tabulate the ballots received, and announce the results at the close of the referendum period. If the director finds from the ballots cast that 40 percent or more of all producers, as determined from a list to be established by the director, have voted and that not less than 65 percent of the total producers that produced not less than 51 percent of the volume of the commodity in the state or not less than 51 percent of the total producers that produced not less than 65 percent of the volume of the commodity in the state voting in such referendum favor carrying on a voluntary promotion and research program, the director shall declare the program a voluntary promotion and research program. (Repealed and added by Stats. 1973, Ch. 418.)
  165. 64673.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. )

    Verify source ↗

    If the promotion and research program is declared voluntary, Section 64695 becomes operative and chapter funding must come from voluntary contributions instead of mandatory fees.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. ) ## 64673. If the promotion and research program is declared to be voluntary, Section 64695 shall become operative and funds for the administration and enforcement of this chapter shall be provided by voluntary contributions rather than mandatory fees. (Repealed and added by Stats. 1973, Ch. 418.)
  166. 64674.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. )

    Verify source ↗

    If the director finds the referendum failed to get the required votes, the director must declare that result and instruct the council to continue the current program.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. ) ## 64674. If the director finds that the referendum did not receive the required votes in favor of a voluntary promotion and research program pursuant to Section 64672, he shall declare this result and shall instruct the council to carry on the current program. (Repealed and added by Stats. 1973, Ch. 418.)
  167. 64675.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. )

    Verify source ↗

    If the referendum fails, no new referendum may be petitioned for until two years after the failed referendum date.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. ) ## 64675. If the voluntary promotion and research program does not receive the required favorable vote or if less than the required number of producers have voted, another referendum shall not be petitioned for until after the expiration of a period of two years from the date of the referendum which failed. (Repealed and added by Stats. 1973, Ch. 418.)
  168. 64676.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. )

    Verify source ↗

    A referendum under this article cannot be conducted until two years after the article’s effective date.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Referendum for Voluntary Fee Payment [64671 - 64676] ( Article 7 repealed and added by Stats. 1973, Ch. 418. ) ## 64676. No referendum shall be conducted pursuant to this article until after the expiration of a period of two years from the effective date of this article. (Added by Stats. 1973, Ch. 418.)
  169. 64691.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A $1 per head fee must be paid on each sale of cattle and calves, with several listed exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64691. (a) In order to carry out the programs and administer the activities which are conducted pursuant to this chapter, except as specified in Sections 64691.5 and 64702, a fee of one dollar ($1) per head shall be paid on each sale of cattle and calves as specified in Section 64691.7. The fee shall be charged on all cattle and calves, except the following: (1) Hides, skins, or reduction animals. (2) Any cattle that are transported for purposes other than for sale or slaughter and without a change of ownership. (3) Any cattle custom slaughtered exclusively for the owner, members of the owner’s household, or the owner’s nonpaying guests or employees. (4) Any calves weighing less than 300 pounds. (b) The fee shall not be charged or collected more than once from each owner upon the same animal and is nonrefundable. (Amended by Stats. 2001, Ch. 291, Sec. 8. Effective January 1, 2002.)
  170. 64691.1.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who must pay or collect certain fees must keep accurate transaction records, keep them for two years, and provide them for inspection and audit when the director or authorized agent makes a written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64691.1. Each person who is required to pay or collect the fees which are required in Section 64691 shall maintain a complete and accurate record of all transactions subject to fees under this chapter. These records shall contain information required by the director relating to the payment or collection of fees, shall be preserved for a period of two years, and shall be offered and submitted for inspection and audit at any reasonable time upon written demand by the director or his or her duly authorized agent. All information obtained by the director or his or her duly authorized agent from any inspection or audit of records shall be confidential and shall not be disclosed except when required in a judicial proceeding. (Amended by Stats. 1986, Ch. 265, Sec. 5. Effective July 11, 1986.)
  171. 64691.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A fee above $1 per head on cattle and calves may not be charged under a mandatory fee payment program unless producers approve it by referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64691.5. A fee greater than one dollar ($1) per head on cattle and calves prescribed by Section 64691 shall not be charged pursuant to that section under a mandatory fee payment program, unless and until the greater fee is approved by the producers in this state, by a referendum to be submitted to the producers by the secretary. The secretary shall find that the producers have approved any greater fee, if he or she finds that 60 percent of the producers voting in the referendum voted in favor of charging the greater fee. Ballots shall be provided to producers from a list provided by the council and approved by the secretary, and to other producers who request a ballot that provide proof of eligibility. (Amended by Stats. 2001, Ch. 291, Sec. 9. Effective January 1, 2002.)
  172. 64691.7.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says who must pay and collect the cattle or calf fees, and by when the fees must be paid to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64691.7. The fees required pursuant to Section 64691 shall be due and payable as follows: (a) The fee for cattle or calves, whether originating in the state or out of state, shall be paid by the seller. The fee shall be charged and collected from the seller or from the seller’s account and paid to the secretary by each operator of any stockyard, livestock auction market, slaughterhouse, or registered feedlot in the state. The fee is due and payable to the secretary on or before the 15th day of the month next succeeding the month in which the cattle and calves are sold. Fees that are not collected in the manner provided in this subdivision shall be collected from the seller by the Bureau of Livestock Identification at the time that brand inspection fees are collected. (b) The fee for cattle or calves for which the fee would not otherwise be collected pursuant to subdivision (a) and that are also exempt from brand inspection, shall be charged and collected from the seller in a manner determined by the department. (c) Any fees that are not collected in the manner specified in subdivision (a) or (b) shall be paid to the secretary directly by the seller on or before the 15th day of the month next succeeding the month in which the sale occurs. (d) A fee shall be paid for each head of cattle or calves slaughtered in the state unless specifically exempted by Section 64691 or 64702. If the fee is not deducted from the seller it shall be paid by the purchaser or slaughterer and is due and payable in the manner provided in this section. (Amended by Stats. 2018, Ch. 410, Sec. 1. (SB 965) Effective January 1, 2019.)
  173. 64693.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a person fails to pay, collect, or remit fees on time, they can be charged administrative costs, up to $100 per head of cattle or calves sold, the unpaid fees, suit costs and attorney’s fees, and 2% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64693. (a) Any person who fails to pay, collect, or remit any fees due within the time specified in this chapter shall be liable for administrative costs incurred by the department in enforcing this chapter, including the costs of any audit performed pursuant to Section 64691.1. In addition, the person shall be liable civilly in an amount not to exceed one hundred dollars ($100) for each head of cattle or calves which is sold. The person shall also be liable for all of the following: (1) The total amount of fees due. (2) The cost of the civil suit including attorney’s fees. (3) Two percent interest per month on the unpaid balance of the fees owed. (b) At the request of the director, the Attorney General shall file an action in an appropriate court to collect any unpaid fees, civil penalties, and interest, or in the alternative, the department may bring the action when appropriate. (Repealed and added by Stats. 1986, Ch. 265, Sec. 11. Effective July 11, 1986.)
  174. 64693.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At the director’s request, the Attorney General must ask a court for an injunction against a person violating covered chapter requirements or related regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64693.5. At the request of the director, the Attorney General shall petition an appropriate court for the issuance of an injunction, restraining any person in violation of any requirement specified in this chapter or regulations adopted pursuant thereto from continuing the violation. The court may also require the performance of any obligation imposed under this chapter or any regulations adopted pursuant thereto. (Added by Stats. 1986, Ch. 265, Sec. 12. Effective July 11, 1986.)
  175. 64694.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Fees collected by the Bureau of Livestock Identification under this article must be forwarded to the director, and the director must reimburse certain state bureaus or agencies for additional expenses tied to administering or enforcing the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64694. The fees which are collected by the Bureau of Livestock Identification pursuant to this article shall be forwarded to the director at the same time and in the same manner as the inspection fees which are provided for in Article 9 (commencing with Section 21281) of Chapter 6 of Division 10. The director shall reimburse, from any money which is collected pursuant to this section, the Bureau of Livestock Identification and any other bureaus or agencies of the state for any additional expenses which are incurred by them in the administration or enforcement of this chapter. (Amended by Stats. 1986, Ch. 265, Sec. 13. Effective July 11, 1986.)
  176. 64695.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person subject to the Section 64691 fee may get a refund by filing a written claim with the director.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64695. Any person who is subject to the fee which is required by Section 64691 may obtain a refund of the fee collected from him by submitting to the director a claim for such refund. Such claim shall be submitted in writing within 90 days after the date of the brand inspection or the date of payment of the fee to the director whichever date is later. The claim for refund shall contain such necessary information as the director may require. This section shall not become operative unless and until the promotion and research program is declared by the director to be voluntary pursuant to the provisions of Article 7 (commencing with Section 64671). (Repealed and added by Stats. 1973, Ch. 418.)
  177. 64696.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money collected by the director under this chapter must be deposited and used only for chapter purposes, and expenditures must be audited at least every two years.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64696. (a) All money that is collected by the director pursuant to this chapter shall be deposited in any bank, or other depository that is approved by the Director of Finance, allocated to the purposes of this chapter only, and disbursed by the director or the council only for the necessary expenses that are incurred by the council and the director in carrying out the purposes and provisions of this chapter, including expenses generated by the auditing requirement contained in this section. Money that is so collected shall be deposited and disbursed in conformity with appropriate auditing regulations that are prescribed by the director. The expenditure of the money is exempt from the provisions of Sections 925.6 and 16304 of the Government Code. (b) All expenditures by the council and the director shall be audited at least once every two years by one of the following means: (1) By contract with a certified public accountant. (2) By contract with a public accountant holding a valid permit issued by the California Board of Accountancy. (3) By contract with a public accounting firm. (4) By agreement with the Department of Finance. A copy of the audit shall be delivered within 30 days after completion of the audit to the Governor, the director, and the Controller. (Amended by Stats. 2000, Ch. 1055, Sec. 21. Effective September 30, 2000.)
  178. 64697.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money deposited under Section 64696 may be invested or reinvested by the Treasurer or the council, and any investment income must be remitted to the council.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64697. Money which is deposited pursuant to Section 64696 may be invested and reinvested by the Treasurer or the council 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 Part 2 of Division 4 of Title 2 of the Government Code, and handled in the same manner as money in the State Treasury. For these purposes, the money may also be combined with funds which are determined by the director to be available for investment pursuant to Section 58939. Any increment which is received from investment, reinvestment, or deposit made by the Treasurer shall be remitted to the council. The Treasurer may deduct from the remittance an amount equal to the reasonable cost incurred in carrying out this section or may bill the council for the costs, and the council shall pay the costs from money which is collected for it pursuant to this chapter. (Amended by Stats. 1983, Ch. 417, Sec. 6.)
  179. 64698.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must prepare an annual budget, after consulting the council, and must also prepare and submit an annual statement of expenditures to the council.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64698. The director, after consultation with the council, shall prepare an annual budget which sets forth in reasonable detail the proposed expenditures which he deems necessary for the performance by him and by the department of the duties which are imposed upon them by this chapter. He shall also prepare and submit to the council an annual statement, in reasonable detail, of his expenditures pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  180. 64699.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may receive funds for initial expenses and must reimburse the persons who provided those funds in the amounts received from funds received under Section 64691.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64699. The director may receive funds in such amounts as he may deem necessary to defray the initial expenses in making effective this chapter. The director shall reimburse those persons from whom said funds are received in the amounts received from any funds which are received by the director pursuant to Section 64691. (Enacted by Stats. 1967, Ch. 15.)
  181. 64700.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may accept contributions for chapter purposes, and if the donor asks, the contributions must be kept separate for the council’s use.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64700. The director may accept contributions to advance the purposes of this chapter. If requested by the donor, such contributions shall be segregated and separately maintained for the use of the council. (Enacted by Stats. 1967, Ch. 15.)
  182. 64701.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An inspector described in Section 20010 may accept voluntary contributions for the director.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64701. Any inspector who is described in Section 20010 may accept voluntary contributions on behalf of the director. Such contributions may be supplementary to collections which are provided in Article 8 (commencing with Section 64691) of this chapter. Such contributions may be in lieu of the fees specified in Article 8 (commencing with Section 64691) if the promotion and research program is declared by the director to be voluntary pursuant to Article 7 (commencing with Section 64671). (Amended by Stats. 1973, Ch. 418.)
  183. 64702.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section limits when fees may be collected on cattle or calf sales and caps liability at $1 per head per sale, with exceptions for fee increases approved under Section 64691.5.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [64691 - 64702] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 64702. The following shall apply to this chapter so long as the federal Beef Promotion and Research Act of 1985 (7 U.S.C. Sec. 2901 et seq.) and any resulting regulations are in effect. If the federal act is terminated by subsequent statute or in the manner specified in the act, this fact shall be certified by the secretary and this section shall be void and have no force and effect. (a) A fee shall not be collected pursuant to this chapter on the sale of cattle or calves that originated from out of state and for which a federal assessment was paid in the originating state in accordance with the requirements of the federal act. When no federal assessment on the sale was paid in the originating state, the secretary shall ensure that any federal assessment due is paid. This subdivision shall not prevent the collection of fees by the secretary on subsequent sales of the cattle or calves. (b) No fee shall be collected on the sale of cattle or calves if the sale is exempt from the federal act and regulations adopted pursuant thereto. (c) (1) No person shall be liable for more than a total of one dollar ($1) per head per sale of cattle or calves under this chapter and the federal act. (2) This subdivision does not apply to any fee increases approved by the secretary pursuant to Section 64691.5. (Amended by Stats. 2001, Ch. 291, Sec. 10. Effective January 1, 2002.)
  184. 64731.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The chapter remains permanently operative, except where this article provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 64731. The provisions of this chapter shall continue to be operative permanently except as provided in this article. (Enacted by Stats. 1967, Ch. 15.)
  185. 64732.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must conduct a referendum among the state’s producers when either specified triggering condition occurs, and must then mail each producer a ballot form and self-addressed envelope.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 64732. A referendum among the state’s producers shall be conducted by the director in any of the following cases: (a) Whenever the director, on his own motion or at the request of the council, determines that it is no longer in the best interest of the state to continue the existence of the council and the programs established and maintained pursuant to this chapter. (b) Upon the receipt by the director of a petition for such a referendum signed by 3,000 of the state’s producers that signed the petition not more than six months prior to its presentation to the director. In either such event, the director shall thereupon prepare and mail to each producer as shown in the records of the department, a ballot form and self-addressed envelope. (Amended by Stats. 1973, Ch. 418.)
  186. 64733.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the ballot form must be substantially in the prescribed wording for asking whether the California Beef Council and its programs should be discontinued and terminated.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 64733. The ballot form shall be substantially as follows: BALLOT California Beef Council Law Termination of Council and Program Shall the existence of the California Beef Council and the programs established and maintained under the California Beef Council Law (Chapter 2 (commencing with Section 64501) of Division 22 of the Agricultural Code) be discontinued and terminated? YES NO _____ Signature of Producers (Enacted by Stats. 1967, Ch. 15.)
  187. 64734.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If enough producers vote and agree in the referendum, the director must find that the council is terminated and declare it discontinued.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 64734. If upon the count of the ballots the director finds that 30 percent, or more, of all producers established by the director’s list have voted and that 51 percent, or more, of the total number of producers voting have assented to the discontinuance and termination of the council and the programs which are established and maintained pursuant to this chapter, the director shall make a finding to that effect and declare the existence of the council and the programs which are established and maintained pursuant to this chapter discontinued and terminated at the end of the fiscal year in which the referendum is conducted. (Enacted by Stats. 1967, Ch. 15.)
  188. 64735.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If fewer than 51% of producers voting assent to discontinuance and termination, the director must record that finding and the council and programs continue in force.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 64735. If upon a count of the ballots the director finds that less than 51 percent of the total number of producers voting have assented to such discontinuance and termination, he shall make a finding to that effect and the council and programs which are established and maintained pursuant to this chapter shall continue to remain in full force and effect. (Enacted by Stats. 1967, Ch. 15.)
  189. 64736.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When this chapter expires, the council stays in existence only to give the director a complete record of outstanding financial obligations, and the director must pay those obligations from the specified funds.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2. California Beef Council Law [64501 - 64736] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Termination [64731 - 64736] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 64736. On the expiration of this chapter pursuant to this article, the council shall remain in existence for the purpose of furnishing the director with a complete record of its outstanding financial obligations, accrued and to accrue. The director shall pay from the money deposited and disbursed as provided in Section 64696 such obligations and any obligations incurred by the director and the department under the terms and provisions of this section. Any money which remains shall be retained by the director to defray the expenses of formulation, issuance, administration or enforcement of any subsequent program for beef promotion. If no such program is undertaken within a period of three years from the date of termination of this chapter, such money shall be withdrawn from the approved depository and paid into the State Treasury, allocated to the Department of Agriculture Fund for use by the director in carrying out the hide and brand provisions of this code, when appropriated by the Legislature. (Enacted by Stats. 1967, Ch. 15.)
  190. 65001.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    This section states legislative findings about the importance of California cattle production and the role of the cattle council’s administration.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65001. The Legislature finds and declares all of the following: (a) The production of cattle for both beef and dairy constitutes a paramount industry of this state that not only provides substantial revenues for the state but also provides willing consumers with local and nutritious food. (b) The raising of beef and dairy cattle provides a viable living for many Californians and serves as the economic foundation for many rural communities. Cattle producers strive to be stewards of the resources they manage and the existence of ranching in California serves the public by providing numerous environmental and aesthetic benefits that would otherwise be lost without the use of California’s various range and pasture lands as working landscapes. (c) Cattle production in California reflects a diverse set of family farmers and ranchers, including women- and minority-owned businesses, that provide a varied line of beef and dairy products through conventional, organic, grass-fed, kosher, halal, and other production methods that fill niche markets desired by willing consumers. Cattle producers vary in size from small to large based on the total number of animals raised and contribute equally to providing wholesome beef and dairy products to willing consumers. (d) The stabilization, maintenance, and expansion of the cattle industry of California and the expansion of local, state, nationwide, and foreign markets for California beef and other products derived from the California cattle industry are necessary in order to provide willing consumers an adequate supply of high-quality California beef and dairy products. (e) The council’s form of administration created by this chapter is uniquely situated to provide those engaged principally in the production of cattle, along with beef and other products derived from the California cattle industry, the opportunity to avail themselves of the benefits of collective action in advertising, promotion, food safety, production research, nutrition, marketing research, the collection and dissemination of production and related statistics, and public education. (Amended by Stats. 2019, Ch. 497, Sec. 127. (AB 991) Effective January 1, 2020. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  191. 65002.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    This section states the chapter’s purposes: to let the secretary and the council’s governing body support research on California cattle production, help develop markets, improve competitiveness, present information to agencies, and fund administration and enforcement through mandatory fees unless a producer seeks a refund.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65002. The purposes of this chapter are as follows: (a) Most notably, to authorize and enable the secretary and the appointed governing body of the council to formulate and effectuate, directly or in cooperation with other agencies and parties, research relating to all types of California cattle production, including nonconventional and organic methods of production. Research may be focused on, but not limited to, improving the efficiency and sustainability of the California cattle industry, the development of management practices and assistance with compliance for rules and regulations that govern the production of cattle in California, the nutritional qualities of California beef and other products derived from the California cattle industry, public consumption patterns and trends, sales stimulation, and the development of consumer or other educational programs designed to increase the use and consumption of California beef and other products derived from the California cattle industry by willing consumers. (b) To enable the California cattle industry to develop, maintain, and expand the local, state, nationwide, and foreign markets for all types, conventional and nonconventional, of California beef and other products derived from the California cattle industry. (c) To enhance the California cattle and dairy industries, create a favorable environment for California cattle producers to operate, and improve the competitiveness of California cattle producers in both the national and international marketplace. (d) To enable the council to present facts to local, state, federal, and foreign agencies on matters that affect the California cattle industry and the production of California beef and dairy cattle, beef, and other products derived from the California cattle industry. (e) To provide funds for the administration and enforcement of this chapter by mandatory fees to be collected in the manner that is prescribed in this chapter, unless producers elect to receive a refund of those funds pursuant to Section 65075. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  192. 65003.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    This chapter must be read broadly, and if part of it is invalid, the rest can still apply if it works without the invalid part.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65003. This chapter shall be liberally construed. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  193. 65004.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    The Legislature states that council members and alternates are meant to represent the relevant industry and that this representation serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 1. General [65001 - 65004] ( Article 1 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65004. It is hereby declared as a matter of legislative determination that council members and alternates are intended to represent and further the interest of the particular 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 elected or appointed to the council, the particular industry concerned is tantamount to and constitutes the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  194. 6501.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Intrastate Shipments [6501 - 6524] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6501 - 6506] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person bringing certain regulated nursery stock or other plant items into a California county must notify the commissioner, hold the shipment for immediate inspection, and label it clearly; otherwise the import is unlawful.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 2. SHIPMENTS [6301 - 6524] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Intrastate Shipments [6501 - 6524] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Notice of Arrival and Hold for Inspection [6501 - 6506] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6501. Except as otherwise provided in Section 6502, 6504, 6506, or 6924, it is unlawful for any person to receive or bring into any county or locality of the state from another county or locality within the state any nursery stock, or any other plant, appliance, or thing subject to a federal or state quarantine or which the commissioner or the director considers and designates to be liable to be infected or infested with any pest, unless the person does all of the following: (a) Notifies the commissioner of the arrival of the article immediately after its arrival. (b) Holds it for immediate inspection by the commissioner, without unnecessarily moving or placing the article where it may be harmful. (c) Legibly marks the shipment in a conspicuous manner and place with all of the following: (1) The name and address of the shipper or owner. (2) The name of the person to whom the shipment is forwarded or shipped or the name of his or her agent. (3) The name of the county where the contents of the shipment were grown. (4) A statement of its contents. (Amended by Stats. 1995, Ch. 111, Sec. 1. Effective January 1, 1996.)
  195. 65011.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 2. Definitions [65011 - 65012] ( Article 2 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 2. Definitions [65011 - 65012] ( Article 2 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65011. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  196. 65012.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 2. Definitions [65011 - 65012] ( Article 2 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the California Cattle Council law, including beef, cattle, handler, producer, processor, council, department, and secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 2. Definitions [65011 - 65012] ( Article 2 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65012. (a) “Beef” means the meat of cattle and includes veal. (b) “Cattle” and “beef cattle” are synonymous and mean bovine animals of any breed, regardless of age. (c) “Cattle feeder” means a producer raising cattle in confined spaces for the purposes of finishing cattle for market. (d) “Council” means the California Cattle Council. (e) “Department” means the Department of Food and Agriculture. (f) “Ex officio member” means a nonvoting member of the council. (g) “Handler” means a person engaged in the marketing of beef that the handler has produced, purchased, or acquired from a producer, or is marketed on behalf of a producer, whether as the owner, agent, employee, broker, or otherwise. (h) “Member” means any member of the council. (i) “Other products derived from the California cattle industry” include, but are not limited to, those edible, industrial, and medicinal products produced in whole or in part from beef, dairy, or cattle. (j) “Processor” means a person who harvests cattle or markets products derived from cattle to willing consumers, including beef, dairy products, or other products derived from the California cattle industry. (k) “Producer” is a person who owns or acquires ownership of beef or dairy cattle, and who, upon request, provides proof of ownership of cattle or, for purposes of voting pursuant to this chapter, has owned beef or dairy cattle within the same calendar year as the vote occurs. A person is not a producer if the person’s only share in the proceeds of the sale of cattle or beef is a sales commission, handling fee, or other service fee. (l) “Range cattle producer” means a person who owns and raises cattle primarily on range or pastureland for the purpose of producing beef and other products derived from the California cattle industry. (m) “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  197. 65015.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    The secretary must appoint council members and alternates, and appointees must meet producer/residency requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65015. There is in the state government the California Cattle Council that consists of 11 members and 11 alternates appointed by the secretary, each of whom shall be a producer in this state who is a range cattle producer, cattle feeder, dairy producer, or processor, with the exception of the public member who shall be a resident of this state. The secretary shall appoint members and alternates to the council to reflect the diversity of California’s cattle industry, including women- and minority-owned businesses, varying beef and dairy products, and cattle producers varying in size from small to large based on the total number of animals raised, as described in subdivision (c) of Section 65001. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  198. 65016.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    The secretary or the secretary’s designee must serve as an ex officio member.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65016. The secretary or the secretary’s designee shall serve as an ex officio member. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  199. 65017.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    The secretary must appoint specified cattle council members and use the same appointment formula for alternates.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65017. (a) The secretary shall appoint to the council three range cattle producers, three cattle feeders, three dairy producers, one processor, and one public member to represent the general public. (b) (1) Each member appointed as a range cattle producer, at the time of initial appointment, shall be a resident of a different county from the county in which any other range cattle producer members reside. (2) Each member appointed as a dairy producer, at the time of initial appointment, shall be a resident of a different county from the county in which any other dairy producer members reside. (c) The secretary shall use the same formula described in subdivisions (a) and (b) in the appointment of alternates. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)
  200. 65018.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. )

    Verify source ↗

    The public member and the public member’s alternate have the same powers, rights, and privileges as other council members, but they cannot vote on issues about the assessment under Section 65071.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 2.5. California Cattle Council Law [65001 - 65087] ( Chapter 2.5 added by Stats. 2018, Ch. 410, Sec. 2. ) ## ARTICLE 3. California Cattle Council [65015 - 65029] ( Article 3 added by Stats. 2018, Ch. 410, Sec. 2. ) ## 65018. Except as otherwise provided in this section, the public member and the public member’s alternate shall have all the powers, rights, and privileges of any other member or alternate, respectively, on the council, except that the public member or the public member’s alternate shall not have a vote on issues regarding the assessment established pursuant to Section 65071. (Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)

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.