reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 9 - Terms of Marketing Orders › Section 58893.

58893. A marketing order may contain provisions which establish, or provide authority for establishing, for any commodity, either as such commodity is produced or is delivered by producers to handlers, or as handled or otherwise prepared for market, or as marketed by producers or handlers, an educational program which is designed to acquaint producers, handlers, consumers or other interested persons with quality improvement and nutritional values, including sanitation practices, procedures, or methods as applied to such commodity.
(Amended by Stats. 1969, Ch. 217.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 9 - Terms of Marketing Orders › Section 58894.

58894. A marketing order may contain provisions which establish, or provide authority for establishing, and for regulating the permissive use of an official board brand, trade name, or label, or other distinctive designation of grade, quality, or condition, except the grade or quality designations in effect pursuant to state or federal grade standards, for any commodity, other than wine, either as such commodity is produced or is delivered by producers to handlers, or as handled or otherwise prepared for market, or marketed by producers or handlers. As provided in Section 59236, the permissive use of any such official board brand, trade name, or label or other distinctive designation of quality shall be limited to producers and handlers of the commodity that are participating in the marketing agreement or order, and that are in compliance with its provisions and with any regulation, or rule and regulation, which is adopted under it. Any official brand or trade name which is established pursuant to this section shall not be construed as a private brand or trade name with respect to Section 58889.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 9 - Terms of Marketing Orders › Section 58895.

58895. A marketing order may contain provisions to detect, control, prevent damage by or to eradicate insects, predators, diseases, or parasites with respect to any commodity or group of commodities. The advisory board may recommend and the director may approve measures to assist in the prevention or reduction of losses to crops or livestock caused by predators, insects, disease or parasite infestations, including the establishment and operation of detection, inspection, spraying, dusting, fumigating or other control measures.
For the purposes of this section, (1) assessments established pursuant to Article 10 (commencing with Section 58921) of this chapter may include an assessment for nonbearing acreage as well as bearing acreage of the commodity affected by such predators, insects, disease, or parasite, and (2) the director may use both the bearing and nonbearing acreage of such commodity as a measure of production for assent or referendum purposes in relation to such assessments.
As used in this section, “nonbearing acreage” means acreage planted to produce the particular commodity covered by the marketing order during the marketing season on which no quantity of the product is produced for marketing or is anticipated will be produced for market during such marketing season.
(Amended by Stats. 1971, Ch. 1059.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 9 - Terms of Marketing Orders › Section 58896.

58896. A marketing order may contain provisions for the gathering and dissemination of weather data to producers of any commodity, and to any persons providing services relating to production of a commodity, when the data is necessary to aid in any manner in the production or harvesting of that commodity.
(Added by Stats. 1984, Ch. 939, Sec. 1. Effective September 7, 1984.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 9 - Terms of Marketing Orders › Section 58897.

58897. To address catastrophic events, a marketing order may contain provisions for the establishment and operation of an indemnity trust fund to cover livestock and livestock product losses due to disease, natural disaster, or accidents.
(Added by Stats. 1999, Ch. 609, Sec. 8. Effective January 1, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58921.

58921. Except as otherwise provided in Section 58926, each marketing order which is issued pursuant to this chapter shall provide for the levying and collection of assessments in sufficient amounts to defray the necessary expenses which are incurred by the director in the formulation, issuance, administration, and enforcement of the marketing order. If the marketing order authorizes the carrying out of advertising and sales promotion plans, it shall also provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. No assessment for advertising or sales promotion activities shall, however, be levied under any marketing order with respect to the marketing and handling of green ripe olives except that green ripe olives may be assessed for their proportionate share of administrative costs.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58922.

58922. Each marketing order shall indicate the maximum rate of any assessment which may be collected and the proportion, if any, of each assessment which is payable by each producer and handler that is directly regulated or affected by such marketing order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58923.

58923. The advisory board which is appointed by the director to assist him in administering each marketing order shall recommend to the director, from time to time, budgets to cover necessary expenses, and budgets to cover the expenses of carrying out sales promotion plans if such plans are authorized in the marketing order, and the assessment rates which are necessary to provide sufficient funds. If the director finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the expenses which may be incurred, he may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the director, at such times and in such installments as the director may prescribe, an assessment which is based upon the units in which such commodity is marketed, or upon any other uniform basis which the director determines to be reasonable and equitable.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58924.

58924. The amount of the assessment for necessary expenses shall not, however, exceed the following:
(a) In the case of producers, 2
1
/
2
percent of the gross dollar volume of sales of the commodity which is affected by all such producers regulated by such marketing order.
(b) In the case of processors, distributors, or other handlers, 2
1
/
2
percent of the gross dollar volume of purchases of the commodity which is affected by the marketing order from producers or of the gross dollar volume of sales of the commodity which is affected by the marketing order and handled by all such processors, distributors, or other handlers that are regulated by such marketing order during the marketing season during which such marketing order is effective.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58925.

58925. Any assessment rate which is established for assessments to defray the expenses of advertising and sales promotion plans shall be in an amount which does not exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other handlers of such commodity which is regulated by such marketing order during the marketing season during which such marketing order is effective.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58926.

58926. In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement and advertising or sales promotion provided for in Section 58921, if the marketing order contains provisions for advertising or sales promotion as authorized in this chapter, the director may approve and fix an assessment for producers and an assessment for handlers as the case may be, not exceeding 6
1
/
2
percent of the gross dollar volume of sales of such commodity by all producers, or by all processors, distributors, or other handlers of such commodity regulated by such marketing order during the marketing season during which such marketing order is effective. The method and manner of assessment and collection of such assessment, and the limitations and restrictions applicable thereupon, shall conform in all respects with the provisions of this article regarding assessments for advertising and sales promotion, except as to the maximum amount of such assessment.
(Amended by Stats. 1976, Ch. 1222.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58927.

58927. If the director approves and fixes a single assessment, the advisory board shall recommend and the director may approve the proportions of such assessment which may be expended to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and that which may be expended for such advertising or sales promotion program. The proportion of such assessment which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall not, however, exceed the maximum amount which is authorized in Section 58924.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58928.

58928. If any advisory board of any marketing order has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the advisory board may borrow money with or without interest to carry out any provision of any marketing order which is authorized by this chapter, and may hypothecate anticipated assessment collections that are applicable to such respective provisions.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58929.

58929. Any assessment which is levied as provided in this article, in such specified amount as may be determined by the director pursuant to this chapter, is a personal debt of every person so assessed and shall be due and payable to the director if payment is called for by the director. If any such person fails to pay any such assessment upon the date which is determined by the director, the director may file a complaint against such person in a state court of competent jurisdiction for the collection of the assessment.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58930.

58930. If any producer or handler that is duly assessed pursuant to the provisions of this chapter fails to pay to the director the amount so assessed on or before the date which is specified by the director, the director may add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. In addition to such payment for the cost of enforcing such collection, any such producer or handler shall pay to the director a penalty of 5 percent for each 30 days of the unpaid balance for each 30 days the assessment is unpaid, prorated over the days unpaid, commencing 30 days after notice has been given to such producer or handler of his failure to pay the assessment on the date required, unless the director determines, to his satisfaction, that such failure to pay is due to resonable cause beyond the producer’s or handler’s control. Such penalty shall not exceed 50 percent of the total amount of the assessment due.
(Amended by Stats. 1977, Ch. 783.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58931.

58931. The director may require the persons that are assessed to deposit with him in advance the following amounts:
(a) An amount for necessary expenses.
(b) An amount which shall not exceed 25 percent of the assessment to cover the costs of advertising or sales promotion plans which are incurred prior to the receipt of sufficient funds from the assessment for such purpose.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58932.

58932. The amount of any deposit which is required by the director pursuant to Section 58931 shall be based upon the estimated number of units to be marketed or handled by the person that is assessed, or upon any other uniform basis which the director determines is reasonable and equitable. Such basis shall be applicable during the marketing season during which such marketing order is effective.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58933.

58933. At any time after the funds which are credited to the administrative account, or the advertising or sales promotion account, of the marketing order are sufficient to so warrant, or at the close of the marketing season, the sums deposited by any person shall be adjusted to the amount which is properly chargeable against such person pursuant to the assessment which was authorized.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58934.

58934. In lieu of requiring advance deposits, or in order generally to provide funds for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purpose from the payment of the assessments which are established pursuant to this article, the director may receive and disburse for such expense purposes contributions which are made by producers, processors, distributors, or other handlers. Neither the advisory board nor the director is responsible for the repayment of such contributions. If, however, collections from the payment of established assessments credited to the respective marketing order accounts are sufficient to so warrant, the board shall recommend and the director shall authorize, the repayment of contributions, or authorize the application of such contributions to the assessment obligations of persons that made such contributions.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58934.5.

58934.5. In order to provide funds for defraying expenditures authorized by the marketing order, the director or any advisory board may also receive and disburse contributions that are made by persons other than those directly affected by the marketing order.
(Added by Stats. 1992, Ch. 210, Sec. 1. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58935.

58935. For the convenience of making collections of any producer assessments which are established pursuant to this article, the director may collect such assessments from the handlers of the commodity which is being regulated. Any handler that pays any such assessments for and on behalf of any producer may deduct such producer assessments from any money which is owed by such handler to such producer. Any marketing order may require a handler to deduct producer assessments from any money which is owed by such handler to such producer. Such producer assessment deductions are hereby declared to be trust funds held by the handler for the purposes of the marketing order concerned and shall be remitted timely, with assessment reports, to the director.
(Amended by Stats. 1976, Ch. 1222.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58936.

58936. The director may adopt rules and regulations with respect to the assessment and collection of funds pursuant to this article.
(Amended by Stats. 1984, Ch. 425, Sec. 2. Effective July 12, 1984.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58937.

58937. (a) Any money that is collected by the director pursuant to this chapter shall be deposited in a bank or other depository that is approved by the Director of Finance, allocated to each marketing order under which it is collected. Except as provided in Section 58941, these funds shall be disbursed by the director or the advisory board only for the necessary expenses that are incurred by the advisory board and that are approved by the director with respect to each marketing order. Allowable expenses include expenses generated by the auditing requirement imposed by subdivision (b).
Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations that are prescribed by the director. The expenditure of these funds is exempt from the provisions of Section 925.6 of the Government Code.
(b) All such expenditures by 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 the completion of the audit to the Governor, the director, and the Controller.
(Amended by Stats. 2000, Ch. 1055, Sec. 18. Effective September 30, 2000.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58938.

58938. The director may, at the close of each fiscal period which is used by the advisory board for budgetary purposes, refund any money which remains in such fund that is allocable to any particular commodity which is affected by a marketing order or, upon recommendation of the advisory board and with the approval of the director, all or a portion of such money may be carried over into the next succeeding fiscal period if the director finds that such money is required to defray subsequent expenses under the marketing order.
Any refund made pursuant to this section shall be on a pro rata basis made to persons from whom, or on whose behalf, the assessments being refunded were collected. Upon termination by the director of any marketing order, any remaining balances which are not required by the director to defray the expenses of such marketing order, shall be returned by the director upon a pro rata basis, to all persons from whom, or on whose behalf, such assessments were collected unless the director finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons. If the director makes such a finding, he may use the moneys in such fund to defray the expenses which are incurred by him in the formulation, issuance, administration, or enforcement of any subsequent marketing order.
(Amended by Stats. 1971, Ch. 1059.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58938.5.

58938.5. (a) Assessments paid on milk pursuant to the requirements of a market milk marketing order or a manufacturing milk marketing order established under this chapter shall be refunded to producers who meet the following criteria:
(1) The producer shipped milk to a processor during the months of June or July 1986.
(2) The producer was not paid, or received only partial payment, for the milk shipped.
(3) The producer has agreed to repay the refunded assessments to the affected programs if, at a subsequent date, the producer is paid for the milk.
(b) The producer shall receive a full refund of the amount assessed for milk shipped and for which no payment was received. If partial payment was received, the producer shall receive a refund of assessments paid on milk for which payment was not received.
(c) In lieu of payment to the producer, the refund shall be paid to an entity which markets milk or otherwise acts on behalf of a producer who would otherwise qualify for the refund under subdivision (a), if that entity demonstrates to the satisfaction of the director that it paid the assessments for the producer.
(d) If a producer, or an entity referred to in subdivision (c), subsequently receives full or partial payment for milk for which assessments have been refunded, the producer or entity, as the case may be, shall repay the assessments in an amount proportionate to the portion of milk for which payment has been received.
(e) 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 Milk Promotion Program.
(f) The director shall adopt procedures for refunding assessments in accordance with this section. The procedures shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1987, Ch. 1048, Sec. 7.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58939.

58939. Any money which is deposited pursuant to this article, which the director determines is available for investment, may be invested or reinvested by the Treasurer or an advisory board in any of the securities which are described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, or placed in a depository as provided in Chapter 4 (commencing with Section 16500) of Part 2 of Division 4 of Title 2 of the Government Code, and handled in the same manner as money in the State Treasury.
Any increment which is received from the investment or reinvestment or deposit, if made by the Treasurer, shall be remitted to the advisory board whose funds were invested, reinvested, or deposited, and shall be deposited and disbursed as provided in Sections 58937 and 58938. The Treasurer may deduct from the remittance an amount equal to the reasonable costs incurred in carrying out this section or may bill the advisory board for the costs, and the advisory board shall pay the costs from money which is collected for it pursuant to this chapter.
(Amended by Stats. 1983, Ch. 417, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58940.

58940. Any check or warrant which is drawn against the funds of any marketing order which remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money retained for disbursement to the original payee or claimant upon satisfactory identification for a period of one year from the time the check or warrant is canceled. The money so retained, if not claimed within the period of one year, shall be credited to the then currently operating marketing order for the commodity under which the funds so retained were collected. If there is no marketing order then in effective operation for the commodity, the funds shall be credited to the unexpended balance, if any, of the last previous marketing order for the commodity. If there is no marketing order then in current operation, or no balance exists from any previous marketing order to which the funds may be credited, the funds so retained may be expended by the director for the benefit of any marketing order established under the provision of this chapter.
(Amended by Stats. 1971, Ch. 1059.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 10 - Assessments and Funds › Section 58941.

58941. Notwithstanding the provisions of Article 3 (commencing with Section 241), Chapter 2, Division 1 of this code, each marketing order or agreement shall be charged the amounts which are computed by the director as required to reasonably provide for services to be rendered to such marketing orders by the department. Such amounts are subject to approval by the advisory board which is concerned, shall be included in each budget which is recommended to and approved by the director pursuant to Sections 58923 and 58924, and shall be withdrawn as required by the director and expended only for the necessary expenses which are incurred by the director in the administration of this chapter.
(Amended by Stats. 1970, Ch. 284.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 11 - Deposits by Applicants for Marketing Order › Section 58961.

58961. Prior to the issuance of any marketing order by the director pursuant to this chapter, the director may require the applicants for the issuance of the marketing order to deposit with him such amount as he may deem necessary to defray the expenses of preparing and making effective such marketing order. Such funds shall be received, deposited, and disbursed by the director in accordance with the provisions which are set forth in Article 10 (commencing with Section 58921) of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 11 - Deposits by Applicants for Marketing Order › Section 58962.

58962. The director may reimburse the applicant, from any funds for necessary expenses which he has received pursuant to Article 10 (commencing with Section 58921) of this chapter, for any of the following:
(a) Any amount deposited with the director by applicant pursuant to Section 58961.
(b) For any necessary expenses which are incurred by the applicant in preparing and in obtaining approval of the marketing order, upon receipt of a verified statement of such expenses which is approved by the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58991.

58991. A marketing order or major amendment to it, which directly affects handlers, that is issued pursuant to this chapter, shall not become effective unless and until the director finds one of the following has occurred:
(a) It has been assented to in writing by not less than 65 percent of the handlers that are engaged, within the area specified in the marketing order or amendment to it, in the handling of the commodity which is regulated by the marketing order.
(b) It has been assented to in writing by handlers that handle not less than 65 percent of the volume of the commodity which is regulated by the marketing order.
(c) It has been approved by handlers in a referendum among handlers that are directly affected. The director may make the finding pursuant to this subdivision if the valid votes cast in the referendum represent not less than 40 percent of the total number of handlers of the commodity of record with the department, and if the handlers that cast ballots in the referendum in favor of the marketing order or amendment to it represent not less than 65 percent of the total number of handlers that cast ballots in the referendum and handled not less than 51 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the handlers that cast ballots in the referendum, or if the handlers that cast ballots in the referendum in favor of the marketing order or amendment represent not less than 51 percent of the total number of handlers that cast ballots in the referendum and handled not less than 65 percent of the total quantity of the commodity which was handled in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the handlers who cast ballots in the referendum. The quantity of the commodity handled by the handler may be stated on the referendum ballot returned by each handler or may be obtained by requiring handlers to report that volume pursuant to Section 58775.
(Repealed and added by Stats. 1986, Ch. 677, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58992.

58992. Any marketing order or major amendment to it which directly affects processors that are engaged in the operation of canning of fresh fruits or vegetables or canning or packing of dried fruits shall not be made effective by the director unless and until the director finds one of the following has occurred:
(a) The marketing order or amendment to it has been assented to in writing by the processors that are engaged in the marketing activity which is regulated by the marketing order or amendment to it that processed not less than 65 percent of the volume of the commodity which is processed within the area defined in the marketing order or amendment to it and by 65 percent of the number of the processors that are engaged in the marketing activity which is regulated by the marketing order or amendment to it.
(b) It has been approved by processors in a referendum among processors that are directly affected. The director may make the finding pursuant to this subdivision if the valid votes cast in the referendum represent not less that 40 percent of the total number of processors of the commodity of record with the department, and if the processors that cast ballots in the referendum in favor of the marketing order or amendment to it represent not less than 65 percent of the total number of processors that cast ballots in the referendum and processed not less than 51 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to processors is complete, by all of the processors that cast ballots in the referendum, or if the processors that cast ballots in the referendum in favor of the marketing order or amendment represent not less than 51 percent of the total number of processors that cast ballots in the referendum and processed not less than 65 percent of the total quantity of the commodity which was marketed in the next preceding marketing season or the current marketing season if the harvest and delivery of the commodity to processors is complete, by all of the processors who cast ballots in the referendum. The quantity of the commodity processed by the processor may be stated on the referendum ballot returned by each processor or may be obtained by requiring processors to report that volume pursuant to Section 58775.
(Repealed and added by Stats. 1986, Ch. 677, Sec. 8.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58993.

58993. No marketing order or major amendment to it, which directly affects producers or producer marketing, that is issued pursuant to this chapter, shall be made effective by the director unless and until the director finds one or more of the following has occurred:
(a)  It has been assented to in writing by not less than 65 percent of the producers that are engaged, within the area specified in the marketing order or amendment to it, in the production for market, or engaged in the producer marketing, of not less than 51 percent of the commodity which is specified in the marketing order or the amendment to the marketing order in commercial quantities.
(b)  It has been assented to in writing by producers that produce not less than 65 percent of the volume of the commodity and by 51 percent of the total number of producers that are so engaged.
(c)  It has been approved by producers in a referendum among producers that are directly affected. The director may make the finding if the valid votes cast in the referendum represent not less than 40 percent of the total number of producers of the commodity of record with the department, and if the producers that cast ballots in the referendum in favor of the marketing order or amendment to it represent not less than 65 percent of the total number of producers that cast ballots in the referendum and marketed not less than 51 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the producers that cast ballots in the referendum or if the producers that cast ballots in the referendum in favor of the marketing order or amendment represent not less than 51 percent of the total number of producers that cast ballots in the referendum and marketed not less than 65 percent of the total quantity of the commodity which was marketed in the next preceding marketing season, or the current marketing season if the harvest and delivery of the commodity to handlers is complete, by all of the producers who cast ballots in the referendum. The quantity of the commodity delivered by the producer may be stated on the referendum ballot returned by each producer or may be obtained by requiring handlers to report that volume pursuant to Section 58775.
(Amended by Stats. 1986, Ch. 677, Sec. 9.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58994.

58994. If any marketing order or any major amendment to any marketing order is issued by the director for the approval of producers, handlers, or processors, the director shall determine whether the approval shall be by written assents or by referendum.
(Amended by Stats. 1986, Ch. 677, Sec. 10.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58995.

58995. If the director determines that it should be by referendum, the director shall establish a referendum period not to exceed 30 days. If the director determines that the referendum period so established does not provide sufficient time for the balloting, the director may extend the referendum period not more than 15 additional days. At the close of the referendum period, the director shall count and tabulate the ballots filed during the referendum period.
(Amended by Stats. 1986, Ch. 677, Sec. 11.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58996.

58996. If from the tabulation the director finds that the number of producers that voted in the referendum and that the number of producers that voted in favor of the marketing order or amendment to the marketing order are sufficient for him to make the finding that producers that are directly affected have approved the marketing order or amendment, the director may make the marketing order or amendment to the marketing order effective.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58997.

58997. If the director finds from the tabulation of such referendum that the number of producers that voted in favor of such marketing order or amendment to the marketing order is not sufficient for him to make the finding that producers that are directly affected have approved the marketing order or amendment to it, he shall not make the marketing order or amendment effective.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58998.

58998. The director may prescribe such additional procedures as may be necessary to conduct the referendum.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 58999.

58999. In finding whether the marketing order or major amendment to it is assented to in writing or approved or favored by producers pursuant to the provisions of this chapter, the director shall consider the approval of any nonprofit agricultural cooperative marketing association, which is authorized by its members so to assent, as being the assent, approval, or favor of the producers that are members of, or stockholders in, that nonprofit agricultural cooperative marketing association.
(Amended by Stats. 1986, Ch. 677, Sec. 12.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 12 - Assent to Marketing Orders › Section 59000.

59000. Any producer that sells a growing crop to be harvested and marketed by another person is entitled to assent to, or vote in a referendum, if both of the following requirements are complied with:
(a) At the time of sale of such growing crop the producer retains the exclusive right so to assent or to so vote.
(b) The quantity of such growing crop can be determined to the satisfaction of the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59021.

59021. In making effective major amendments to a marketing order, the director shall follow the same procedures which are prescribed in this chapter for the institution of a marketing order.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59022.

59022. For the purposes of this chapter, a major amendment to a marketing order shall include, but not be limited to, any amendment which is specified in Sections 59023 to 59035, inclusive.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59023.

59023. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for any of the following:
(a) Determining the existence and extent of the surplus of any commodity, or of any grade, size, or quality of it.
(b) Providing for the control and disposition of such surplus and for equalizing the burden of such surplus elimination.
(c) The establishment of a stabilization fund for equalizing surplus obligations.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59024.

59024. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for limiting the total quantity of any commodity, or of any grade, size, or quality of it, which may be prepared for market or marketed within this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59025.

59025. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or of any grade, size, or quality of it, which any handler may purchase or acquire from or handle on behalf of any and all producers of such commodity within this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59026.

59026. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or of any grade, size, or quality of it, which any handler may process, distribute, or handle within this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59027.

59027. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for regulating the period during which any commodity, or any grade, size, or quality of such commodity, may be processed, distributed, or otherwise marketed within this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59028.

59028. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of surplus, stabilization, or byproduct pools for any commodity, or of any grade, size, quality, or condition of it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59029.

59029. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of uniform grading and inspection of any commodity and the establishment of grading standards of quality, condition, size, or pack of such commodity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59030.

59030. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of plans for advertising and sales promotion of any commodity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59031.

59031. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to prohibit unfair trade practices.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59032.

59032. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of production adjustment requirements and benefit payments which relate to them.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59033.

59033. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for carrying out research studies in the production, processing, or distribution of any commodity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 13 - Major Amendments › Section 59034.

59034. An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to increase an assessment rate beyond the maximum rate which is authorized by the marketing order then in effect.
(Enacted by Stats. 1967, Ch. 15.)