reglab/housing_qa huggingface dataset:
CA Food & Agri Code § 62708 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62708.

62708.  “Producer-handler” for purposes of this chapter is any person that is both a producer and a handler of fluid milk or fluid cream. For the purposes of this chapter, a producer-handler is a producer in any transaction which involves the delivery of bulk fluid milk or bulk fluid cream which was produced by him to a handler, or any nonprofit cooperative association of producers and is a handler in any transaction which involves the purchase by him of fluid milk or fluid cream, the pasteurization or packaging of fluid milk or fluid cream, or the sale or delivery of packaged fluid milk or packaged fluid cream to any person.A producer-handler, including partnerships or corporations with common ownership, where the ownership of the producing entity is substantially proportionate to the ownership of the handling entity, shall have the option, at the time of the adoption of the initial pooling plan under this chapter, to have a production base and pool quota established as a part of the pooling plan provided for in this chapter, or to elect to operate entirely outside of the pool for producer payment purposes. This option is available only in such cases where the producer-handler on January 1, 1968, exercised complete and exclusive control over the operation and management of a plant at which he processes milk received from his own milk production facilities, except for purchases in bulk or packaged fluid milk, fluid skim milk or fluid cream which do not exceed an annual average of 50 gallons per day or 5 percent of his total fluid milk sales, whichever is greater, and only in such case as the producer-handler had retail sales for its own account of not less than 662/3 percent of its total class 1 sales.Any producer-handler electing to be excluded from the pool may at any later time be admitted to the pool, but with only the production base and pool quota to which he would have originally been entitled or his average daily production and class 1 usage during the 12 months preceding his entry into the pool, whichever is less.(Repealed and added by Stats. 1977, Ch. 1192.)
CA Food & Agri Code § 62708.1 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62708.1.

62708.1.  Any producer-handler who qualified and elected an exemption under Section 62708 and continued eligibility for such exemption by complying with the requirements of that section shall be entitled after January 1, 1978, to continue such exemption provided that such producer-handler maintains retail sales for his own account of not less than 50 percent of his total class 1 sales and his purchases do not exceed 25 percent of his total fluid milk sales, except that any purchases exceeding 5 percent of such sales shall be from pool sources.Any producer-handler qualifying for and electing an exemption under Section 62708, and maintaining such exemption under Section 62708 and this section, may, after January 1, 1978, elect during the 61-day period of August 1 through September 30 of any year to obtain a production base and pool quota under Section 62708 and enter the pool subject to the option provision of Section 62708.5.(Added by Stats. 1977, Ch. 1192.)
CA Food & Agri Code § 62710 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62710.

62710.  The production base and the pool quota for milk shipped through a cooperative association shall belong to the individual producer but shall be assigned to the custody and control of the cooperative association and the production base and pool quota may be transferred only in accordance with the articles of incorporation, bylaws, or marketing agreements of such association. The cooperative association shall continue to be treated as a single producer, both for producer payment purposes and for pool settlement purposes.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62711 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62711.

62711.  (a) Except as provided in subdivision (h) of Section 62707, each producer shall be paid the highest usage for that amount of his or her fluid milk production that is equal to his or her pool quota and shall be paid the next highest usage for the difference between his or her pool quota and his or her production base under the production pool designated pursuant to this chapter and the lowest usage for all milk produced in excess of his or her production base under the overproduction pool designated pursuant to this chapter.(b) In calculating the pool value, the volume of milk that has been classified as restricted use market milk shall be credited to the handler at the class 4a or class 4b price, whichever is lower.(Amended by Stats. 1996, Ch. 759, Sec. 26. Effective January 1, 1997.)
CA Food & Agri Code § 62714 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62714.

62714.  After the director has established pools, each distributor shall report to the director the total receipts from the producers that are shipping to the distributor and the class 1, class 2, class 3, class 4a, and class 4b usage of the distributor and any other information determined by the director as necessary to carry out the operation of the pool.The director shall have access to, and may enter during business hours, the premises of any distributor, handler, or producer, or any place where the books, papers, records, or documents pertaining to any transaction which relates to the acquisition or disposition of milk are kept. The director may inspect and copy these books, papers, records, or documents in any place within the state.(Amended by Stats. 1982, Ch. 135, Sec. 4. Effective March 25, 1982.)
CA Food & Agri Code § 62715 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62715.

62715.  Any individual distributor purchasing milk from a producer shall continue to have the right to specify quality requirements that are more stringent than standards set by public regulatory or health authorities, and to specify these standards in a contract with the producer, provided that all contract quality requirements by the distributor are identical as to all producers under contract with that distributor. The distributor may reject milk for class 1 purposes if it fails to meet these specified standards, and may continue to reject such milk continuously until it again meets these standards. Any such rejected milk must be picked up separately from all other milk, and the contract shall give the producers the unqualified right to sell this rejected milk to others. In the event the rejected milk is not sold or used for class 1 purposes, the producer’s pool quota shall be reduced by an amount equal to the amount of pool quota milk rejected during the period in which it is rejected. The producer’s pool quota shall be restored to its full amount when all his production meets the specified standards.The quality standards specified shall be subject to review by the director, and the purported failure of a producer to meet these standards shall be subject to impartial laboratory tests or such other procedures as the director may find necessary to prevent abuse. (Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62716 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62716.

62716.  Following the required hearing, the director shall submit the pooling plan to producers concerned for their approval or disapproval in a statewide referendum.The approval or disapproval of individual producers voting in this referendum shall be kept confidential.Each producer shall have one vote and such vote shall be individually cast so that there will be no block voting. The director shall prepare a ballot. The ballot form shall be substantially as follows: BallotShall the proposed pooling plan be made effective?Yes ____No ____In addition, the ballot shall include a statement of the voter’s total production during the calendar month next preceding the month of the commencement of the referendum period, where and to whom such production was sold or otherwise disposed, and the producer’s name and address.The director may reveal the names of producers whose votes have been received to both proponents and opponents of the plan.The referendum shall be set for a period of 60 days. The director may at his own discretion or upon a proper showing, extend the referendum for a period not to exceed 30 days.(Amended by Stats. 1968, Ch. 606.)
CA Food & Agri Code § 62718 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62718.

62718.  The pools established shall be administered by the director. Each distributor shall deduct from moneys owed producers and pay to the director the amount necessary to cover the cost of administering the pool plan, but not to exceed two cents ($0.02) per hundredweight of fluid milk.The amount of such fee shall be paid to the director on or before the 30th day following the last day of the month in which such fluid milk or fluid cream was received.The director may fix such fee at a lesser amount and may adjust such fee from time to time.In the event any distributor fails to pay to the director the fee provided for in this section on or before the date specified in this section, the director may add to such unpaid fee an amount not exceeding 10 percent of such unpaid fee to defray the cost of enforcing the collection of such unpaid fee. The distributor shall not be entitled to pass this penalty on to the producer.All moneys received under the provisions of this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Fund.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62719 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62719.

62719.  The director shall, from nominations submitted by producers, appoint a review board composed of no less than 12 members to advise him in the administration of the pool plan. The director shall appoint three members of the first board for a one-year term, three members for two-year terms, three members for three-year terms, and three members for four-year terms. Thereafter all appointments shall be for a term of four years and no member may be appointed to more than two four-year terms. The board members shall be producers and not more than three may be producer-managers of associations and not more than two shall be producer-handlers. The board members shall give proportionate representation to all areas of the state, with due regard to the relative production and usage of fluid milk in the various areas of the state. The director may appoint one additional member on the board, who shall be a public member. Each member of the review board shall be paid not less than twenty-five dollars ($25) or more than thirty-five dollars ($35) per day plus travel expenses, including expenses for lodging and meals, which are incurred in the attendance at board meetings or in conducting the business of the board; all per diem and expenses being subject to approval by the director.Upon the director’s request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.(Amended by Stats. 1978, Ch. 188.)
CA Food & Agri Code § 62719.1 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62719.1.

62719.1.  It is hereby declared, as a matter of legislative determination, that producers appointed to the review board pursuant to Section 62719 are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.(Added by Stats. 1976, Ch. 1429.)
CA Food & Agri Code § 62720 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62720.

62720.  No pooling plan formulated pursuant to this chapter shall restrict the free movement of fluid milk and no pooling plan shall result in an unequal raw product cost between distributors in the same marketing areas.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62721 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62721.

62721.  No pooling plan shall control the production of fluid milk except insofar as may otherwise be specifically authorized in this chapter.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62722 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62722.

62722.  Pooling plans shall not apply to the production of goats milk or producer-handlers who produce and sell less than 500 gallons of fluid milk used for class 1 purposes per day unless they specifically request entry into the pool at the time of the adoption of the initial pooling plan for that area. Producers of certified milk or guaranteed raw milk shall have the option, at the time of the adoption of the initial pooling plan under this chapter, to be subject to the plan, and accordingly to have a production base and pool quota established for the producer, or to be excluded from the plan.(a) Any such producer of less than 500 gallons of fluid milk per day, or any such producer of certified milk, or any such producer of guaranteed raw milk, electing to be excluded from the plan, may at any later time be admitted to the pool, but with only the production base and pool quota to which he or she would have originally been entitled or his or her existing production and average daily class 1 usage during the 12 months preceding his or her entry into the pool, whichever is less.(b) Any producer claiming exemptions from the provision of any pooling plan by reason of the provisions of Section 62708, 62708.1, or this section, who loses his or her exemption by failure to meet the requirements for exemptions set forth in those sections shall automatically be deemed to have applied for and become a part of a producer pool on September 1st following any year ended August 31st during which the director determines he or she is no longer entitled to exemption, and his or her admittance into such a pool shall be on the basis of the production base and pool quota calculations as set forth in those sections.(Amended by Stats. 1982, Ch. 135, Sec. 5. Effective March 25, 1982.)
CA Food & Agri Code § 62723 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62723.

62723.  Unless otherwise defined in this chapter, the definitions contained in Chapter 2 (commencing with Section 61801) govern the construction of this chapter.For the purposes of this chapter, the following definitions shall apply:(a) The terms “distributor” and “processor” shall have the same definition as the term “handler” contained in Section 61826.(b) “Equalization point” shall mean that point at which pool quota held is equal to 95 percent of production base held.(c) “Fluid cream” shall have the same definition as the term “market cream” contained in Section 61827.(d) “Fluid milk” shall have the same definition as the term “market milk” contained in Section 61828.(e) “Fluid skim milk” shall have the same definition as the term “market skim milk” contained in Section 61829.(Amended by Stats. 1982, Ch. 751, Sec. 37.)
CA Food & Agri Code § 62724 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62724.

62724.  This chapter does not modify the provisions of Chapter 1 (commencing with Section 61301) nor Chapter 2 (commencing with Section 61801) of this part, except as may be necessary to effect the purposes of this chapter. If necessary to effect the purposes of this chapter, the director, in establishing the minimum prices which shall be paid for fluid milk to producers, may establish minimum producer prices applicable at the producer’s place of production.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62725 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62725.

62725.  The director is authorized to use money in the Department of Food and Agriculture Fund derived from assessments and fees collected pursuant to Chapter 2 (commencing with Section 61801), to the extent necessary to defray the expenses incident to the formulation and making effective the pooling plan pursuant to this chapter, if, as soon as sufficient money is available from fees collected pursuant to this chapter, the amount shall be repaid.(Amended by Stats. 1982, Ch. 751, Sec. 38.)
CA Food & Agri Code § 62726 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62726.

62726.  The director is the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative intent which is expressed in this chapter, and is hereby vested with the administrative authority which is described in this chapter. Notwithstanding other laws to the contrary, in the event a milk marketing order under the jurisdiction of the United States Department of Agriculture or other appropriate federal agency, is created by referendum or under the applicable laws and procedures relating thereto, in this state or in any geographical area within this state, the provisions of this chapter or any part thereof which is in conflict with such federal order, or which is unnecessary or is a duplication thereof, shall be suspended in the geographical area covered by and during the existence of such federal order. The director shall take such steps and procedures as are necessary to wind up and conclude the administration and enforcement of the provisions of this chapter, or any part thereof, prior to the suspension date.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62727 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62727.

62727.  It is the intent of the Legislature that the power conferred in this chapter shall be liberally construed. The provisions of this chapter or subsequent amendment are severable. If any section, subdivision, paragraph, sentence, clause, or phrase of this chapter should be declared or held unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect the validity of any other provision of this chapter. The Legislature hereby declares that it would have enacted each other such section, subdivision, paragraph, sentence, clause, or phrase of this chapter irrespective of the fact that one or more sections, subdivisions, paragraphs, sentences, clauses, or phrases has been declared unconstitutional or invalid. Provided further that any such finding of invalidity or unconstitutionality shall not invalidate, affect or impair pool quotas and production bases heretofore issued under the Gonsalves Milk Pooling Act or pooling plan promulgated thereunder.(Added by Stats. 1977, Ch. 1192.)
CA Food & Agri Code § 62728 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62728.

62728.  The director shall terminate any pooling plan in effect in any marketing area without notice or hearing at any time that there ceases to be a stabilization and marketing plan in force and effect in such marketing area, establishing minimum prices to be paid to producers, unless minimum prices payable by distributors to producers for fluid milk in such marketing area are subject to a federal milk marketing agreement or order which is not in conflict with, or in duplication of, the pooling plan.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62729 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62729.

62729.  The director or his assistants, deputies, agents, or other employees, are authorized to travel out-of-state in order to carry out the purposes of this chapter.(Added by Stats. 1967, Ch. 927.)
CA Food & Agri Code § 62730 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62730.

62730.  Any violation of any provision of this chapter, or any regulations adopted pursuant to this chapter, shall be punishable, and shall have the same effect, as a violation of Chapter 2 (commencing with Section 61801).(Amended by Stats. 1982, Ch. 751, Sec. 39.)
CA Food & Agri Code § 62731 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 3 - Equalization Pools|Section 62731.

62731.  This chapter shall be known as the Gonsalves Milk Pooling Act.(Added by Stats. 1967, Ch. 927.)