reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62198.

62198. Any contract between a producer and handler is voidable by the producer for a 45-day period following the occurrence of either of the following events:
(a) The handler has failed to pay the producer the full price specified in the contract or has failed to comply with the terms specified in paragraph (4) of subdivision (b) of Section 62191, and the failure has not been corrected by the handler within one business day after notification by the producer or director. The 45-day period shall commence on the day after the payment was due.
(b) The handler has failed on three separate occasions within a 12-month period to pay the producer the full price specified in the contract or has failed to comply with the terms specified in paragraph (4) of subdivision (b) of Section 62191. The 45-day period shall commence on the day after the third occurrence.
(Amended by Stats. 1987, Ch. 1074, Sec. 19. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62199.

62199. If a notice has been issued by the director that the future deliveries to the handler will not be covered under the Milk Producers Security Trust Fund created pursuant to Chapter 2.5 (commencing with Section 62500), all contracts between producers and the handler are voidable by the producers. Producers shall have the option to void their contracts for a 45-day period from the date the notice is issued or until the date the director establishes for reinstatement of the handler’s eligibility under the trust fund, whichever is later.
(Amended by Stats. 1987, Ch. 1074, Sec. 20. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62200.

62200. (a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers by cash shall, in all cases, obtain a dated, signed receipt from each producer. The receipts shall be made a part of the permanent records of the handler. Handlers paying by check shall issue checks which are reduceable to cash by the producer in no more than one business day.
(b) The giving of a promissory note is not payment within the meaning of this chapter.
(Amended by Stats. 1987, Ch. 1074, Sec. 21. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62201.

62201. (a) If a handler does not pay for market milk delivered to him or her at the time and in the manner specified in the contract, the handler shall pay the producer interest on the unpaid amount from the time the payment was due until paid at the rate of 12 percent per annum. This interest is in addition to any other penalties provided in this chapter.
(b) If there is no contract for the delivery of milk to the handler or the delivery was made as a single transaction between the producer or handler, the handler shall pay the department interest on the unpaid amount from the time the payment was due until paid at the interest rate specified in subdivision (a). The interest is in addition to any other penalties provided in this chapter.
(Amended by Stats. 1991, Ch. 1101, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62202.

62202. If a handler fails to pay for market milk delivered to him or her at the time and in the manner specified in this chapter, the director may assess a penalty for each payment date that producers were not fully paid. Any penalty assessed shall be a minimum of one hundred dollars ($100) for each payment date. If the amount not properly paid is in excess of forty thousand dollars ($40,000), the penalty assessed will be five thousand dollars ($5,000) or one-fourth of 1 percent of the amount not properly paid for, whichever is less.
(Amended by Stats. 1987, Ch. 1074, Sec. 23. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 14 - Administrative Fees › Section 62211.

62211. (a) (1) Every handler subject to the provisions of any stabilization and marketing plan, including a producer-handler, shall deduct as an assessment from payments made to producers for market milk, including the handler’s own production, the sum of one and six-tenths cents ($0.016) per hundredweight of market milk.
(2) The amount of the assessments so deducted shall be paid to the secretary on or before the 45th day following the last day of the month during which such market milk was received.
(b) (1) Every handler subject to the provisions of any stabilization and marketing plan that purchases or handles market milk from producers, including the handler’s own production, if any, shall pay a fee of eight-tenths of one cent ($0.008) per hundredweight of market milk.
(2) The amount of such fee shall be paid to the secretary on or before the 45th day following the last day of the month in which that market milk was received.
(c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter.
(Amended by Stats. 2016, Ch. 260, Sec. 9. (AB 1894) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 14 - Administrative Fees › Section 62212.

62212. The director may fix the rates of assessments or fees required by Section 62211 at lesser amounts, and may adjust the rates of assessments or fees from time to time, whenever he or she finds that the cost of administering the provisions of this chapter, including any allocation of funds made pursuant to Section 38986, can be defrayed from revenues derived from the lower rates. However, the rate of assessments deducted from payments to producers for market milk, including the handler’s own production, and the rate of fees paid by handlers shall, at all times, be in the ratio of 2 to 1, except that this ratio need not be achieved during a six-month period following the transfer of any fund surplus pursuant to Section 62574.
(Amended by Stats. 1990, Ch. 499, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 14 - Administrative Fees › Section 62213.

62213. Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom such assessment or fee or either of them is payable and shall be due and payable to the director upon the date set forth in Section 62211. If such person does not pay such assessment or fee or either of them upon the required date, the director may file a complaint against such person in a state court of competent jurisdiction for the collection of such assessment or fee or either of them.
If any such person does not pay to the director the assessments or fees or either of them provided for in this article, on or before the date specified in Section 62211, the director may add to such unpaid assessments or fees or either of them an amount not exceeding 10 percent of such unpaid assessment or fees or either of them to defray the cost of enforcing the collection of such unpaid assessments or fees or either of them.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 15 - Reports and Statistics › Section 62241.

62241. All handlers shall make and file with the director at least once each month such reports as the director may require to enable him to enforce the provisions of this chapter.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 15 - Reports and Statistics › Section 62241.5.

62241.5. Within 60 days of the effective date of this section, each market milk handler shall provide the director with a list of the name, address, and date of every current contract between the handler and market milk producer. Monthly thereafter, the handler shall report to the director the same information on all terminated, new, and amended contracts which has not been previously reported. The director may assess a one hundred dollar ($100) penalty against any market milk handler who fails to file the required report for each report not filed.
(Amended by Stats. 1987, Ch. 1074, Sec. 24. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 15 - Reports and Statistics › Section 62242.

62242. Every handler that purchases market milk shall make and keep for three years a correct record which shows in detail all of the following with reference to the handling, sale, or storage of the market milk:
(a) The name and address of the seller.
(b) The date the market milk was received.
(c) The amount of market milk received.
(d) The official tests of the market milk purchased.
(e) The usage of the market milk.
(f) Evidence of payment for the market milk purchased.
(g)  Other records that the director may require.
(Amended by Stats. 1987, Ch. 156, Sec. 53. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 15 - Reports and Statistics › Section 62243.

62243. Any record or report made to the director pursuant to this article, or any contract required to be filed under this chapter, is confidential and shall not be divulged, except if necessary for the proper determination of any court proceedings or hearing before the director.
(Amended by Stats. 1987, Ch. 156, Sec. 54. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62301.

62301. Except as otherwise provided in Section 62303, the director may, if he deems such board necessary or advisable, appoint:
(a) A local advisory board for any marketing area established as prescribed in this chapter to assist and advise him in matters which pertain to the production and marketing of market milk or to the operation of a stabilization and marketing plan.
(b) A regional advisory board, if he deems such board necessary or advisable to represent several marketing areas adjacent to each other and wherein production conditions and costs are reasonably uniform.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62302.

62302. Except as otherwise provided in Section 62303, the director shall appoint:
(a) A local advisory board, if a majority of the producers individually, or through any nonprofit agricultural cooperative marketing association which is authorized by its members to so petition, request the establishment of such board.
(b) A regional advisory board, if in each marketing area which is involved a majority of producers that supply such marketing areas individually, or through any nonprofit agricultural cooperative marketing association which is authorized by its members to so petition, requests that such a board be established.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62303.

62303. The director shall not establish any local or regional advisory board pursuant to this article if he finds that the assessments or fees which are collected pursuant to Article 14 (commencing with Section 62211) of this chapter from the marketing area are insufficient to cover the costs of such local or regional advisory board.
No regional advisory board shall be set up to include any marketing area which on September 7, 1955, was operating under a local advisory board, unless by petition as provided for in this article or through public hearing, producers of such marketing area request that they be represented by a regional advisory board.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62304.

62304. If the director receives a qualified petition for a local advisory board, he may investigate the possibility of establishing a regional advisory board covering the marketing area from which the petition was received and the adjacent marketing areas, by holding one or more public hearings for the purpose of establishing whether or not a majority of producers supplying the marketing areas proposed to be included in such region desire such regional advisory board.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62305.

62305. A local advisory board established pursuant to this article shall consist of seven members who shall be producers that supply market milk to the particular marketing area. A regional advisory board may consist of any number of members who are producers that supply market milk to any of the marketing areas in the region, but shall consist of not less than one member from each such marketing area in the region. The director may appoint one additional member on each such board who shall be a public member.
Upon the director’s request, each board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the board. The director may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the director, the board shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the board. The public member of each board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.
(Amended by Stats. 1978, Ch. 188.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62306.

62306. The term of office of each member of a regional advisory board or a local advisory board shall be two years.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62307.

62307. The director may remove any member from a local or a regional advisory board if he finds, after a hearing, that such member is guilty of nonfeasance or malfeasance in office.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62308.

62308. The director may appoint a member to fill any vacancy on a local or a regional advisory board.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62309.

62309. Each regional advisory board and each local advisory board may meet in regular session each month, and each member shall be allowed twenty dollars ($20) per diem and mileage at the rate of fifteen cents ($0.15) per mile for attending such regular meetings, and any other meeting or conference which is called or authorized by the director within or outside of the boundaries of this state.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62310.

62310. Any regional or local advisory board may, with the previous approval of the director, employ such personnel as may be necessary in the performance of its duties and shall adopt regulations for its conduct. Each such board shall submit a budget of its expenses to the director for his approval.
The funds to be used for the maintenance of each such board shall be paid from the proceeds of assessments and licenses which are paid to the director under the plan of any area which is represented upon verified claims that are presented by the board to the director. A regional or local advisory board shall not incur any expenses except those for per diem and mileage, unless the expenses are approved by the director.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62311.

62311. Regional and local advisory boards shall review with the director the methods which are to be used in determining producer costs, and aid the director in the selection of the level of production which is necessary to meet the requirements of Section 62062 with respect to producer price minimums.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62312.

62312. For purposes of developing uniformity of administration as between marketing areas in which producer advisory boards have been appointed, the director shall call together representatives of regional and local advisory boards from time to time to advise him as to the relationships in producer costs among the marketing areas, and may designate such representatives as the statewide committee of producer advisory boards.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 17 - Local and Regional Producer Advisory Boards › Section 62313.

62313. It is hereby declared, as a matter of legislative determination, that producers of market milk appointed to the regional advisory boards pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such advisory boards, the particular industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 18 - Actions and Penalties › Section 62401.

62401. The violation of any provision of this chapter, or of any provision of any stabilization and marketing plan, or of any regulation adopted under this chapter, is a misdemeanor which is punishable by a fine of not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. The amount of penalty which is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of such violation upon effectuation of the purposes and provisions of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 18 - Actions and Penalties › Section 62402.

62402. Any person who violates this chapter, any provision of any stabilization and marketing plan, or any regulation adopted under this chapter, is liable civilly in an amount not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000) for each and every violation. That penalty is to be recovered by the director in any court of competent jurisdiction. The amount of penalty which is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this chapter. The court may, in addition to the civil penalty, award reasonably incurred investigative and enforcement costs, and attorney’s fees, to the director. The court may also award attorney’s fees to any person successfully defending a civil action under this section. In any civil action initiated by the director under this section, the director shall join in the action, and assert civil penalties against, all parties participating in the commission of the unlawful practice. Any sum which is recovered under this section shall be deposited in the State Treasury to the credit of the Department of Food and Agriculture Fund.
(Amended by Stats. 1989, Ch. 522, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 18 - Actions and Penalties › Section 62403.

62403. The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter, any provision of any stabilization and marketing plan, or any regulation adopted under this chapter in the superior court in the county in which such violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions, orders, or regulations, although their properties, interests, residences, or places of business may be in several counties and the violations separate and distinct. Any proceeding which is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 1 - Legislative Declaration › Section 62500.

62500. The production and distribution of milk, and the components thereof, is hereby declared to be a business affected with a public interest. This chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health and welfare of the people of this state.
(Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 1 - Legislative Declaration › Section 62501.

62501. It is hereby declared that the dairy industry is a paramount agricultural industry of the state, and the normal processes of producing and marketing milk are enterprises of vast economic importance to the state and of vital importance to the consuming public which should be safeguarded and protected in the public interest. The Legislature finds that the marketing of milk requires producers to receive prompt payment. It is the policy of this state to protect producers against loss of payment for bulk milk. The public interest requires the establishment of a system to provide payment security for producers.
(Amended by Stats. 1987, Ch. 1074, Sec. 25. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 1 - Legislative Declaration › Section 62503.

62503. This chapter shall be liberally construed. If any article, section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the validity of the remaining provisions of this chapter or the application of this chapter to any other person or under any other circumstances.
The Legislature hereby declares that it would have enacted each article, section, subdivision, sentence, clause, or phrase of this chapter regardless of the fact that one or more other articles, sections, subdivisions, sentences, clauses, or phrases are declared unconstitutional or invalid.
(Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 1 - Legislative Declaration › Section 62505.

62505. This chapter does not preclude any producer from bringing any action against any handler in any court of competent jurisdiction.
(Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 1 - Legislative Declaration › Section 62506.

62506. In order to effectuate the purposes of this chapter, the Milk Producers Security Trust Fund is hereby created.
(Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 1 - Legislative Declaration › Section 62507.

62507. It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the Milk Producers Security Trust Fund Board are intended to represent and further the interest of a particular agricultural industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Added by Stats. 1987, Ch. 156, Sec. 55. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 1 - Legislative Declaration › Section 62508.

62508. This chapter shall be known and may be cited as the Norman S. Waters-Ruben S. Ayala Milk Producers’ Security Act of 1987.
(Added by Stats. 1987, Ch. 1074, Sec. 27. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 3 - Milk Producers Security Trust Fund Board › Section 62540.

62540. (a) The secretary shall appoint a Milk Producers Security Trust Fund Board consisting of seven members.
(b) All appointments shall be for a term of three years, and no member shall be appointed to more than three consecutive three-year terms.
(c) Members of the board shall include three milk producers, two representatives of handlers licensed under Chapter 2 (commencing with Section 61801), and two nonproducer members representing nonprofit cooperative associations.
(Amended by Stats. 2019, Ch. 304, Sec. 13. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 3 - Milk Producers Security Trust Fund Board › Section 62541.

62541. Each member of the board shall be paid one hundred dollars ($100) per day plus travel expenses, including expenses for lodging and meals, which are incurred in the attendance at board meetings or in conducting the business of the board. All per diem and expense claims are subject to approval by the secretary.
(Amended by Stats. 2019, Ch. 304, Sec. 14. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 3 - Milk Producers Security Trust Fund Board › Section 62542.

62542. The board shall advise the secretary on the administration of the fund, including, but not limited to, the amount of the fund defaults under this chapter and the implementation of the security charge necessary to accomplish its functions.
(Amended by Stats. 2019, Ch. 304, Sec. 15. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 3 - Milk Producers Security Trust Fund Board › Section 62543.

62543. The board may, by contract, with the approval of the secretary, engage the services of an accounting firm or other consultants or agencies that the board determines to be necessary.
(Amended by Stats. 2019, Ch. 304, Sec. 16. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62561.

62561. (a) The following security charges shall be in effect for any period for which the secretary has implemented collections under this chapter:
(1) 3.2 mills ($0.0032) per pound for fat contained in eligible milk of any class referred to in Section 1051.40 of the Federal Milk Marketing Order, whether pooled or nonpooled.
(2) 1.3 mills ($0.0013) per pound for solids-not-fat contained in eligible milk of any class referred to in Section 1051.40 of the Federal Milk Marketing Order, whether pooled or nonpooled.
(b) The secretary is only authorized by this article to collect security charges on eligible milk.
(Amended by Stats. 2019, Ch. 304, Sec. 18. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62563.

62563. The amount of any handler’s obligation attributable to the security charges established pursuant to Section 62561 shall be remitted by the secretary to the fund by the end of the month following the month in which payment for the milk is made.
(Amended by Stats. 2019, Ch. 304, Sec. 20. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62565.

62565. Security charges shall be collected by the secretary through direct payment.
(Amended by Stats. 2019, Ch. 304, Sec. 23. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62566.

62566. The secretary may add a penalty of 10 percent to amounts that are not paid when due.
(Amended by Stats. 2019, Ch. 304, Sec. 24. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62567.

62567. If any handler or producer-handler does not provide the information necessary to determine the amount due, when required, the secretary shall estimate the amount due from the records of the department or from any other source of information that is available.
(Amended by Stats. 2019, Ch. 304, Sec. 25. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62568.

62568. The secretary may take all appropriate action against any person to recover any unpaid amounts. In any action, a declaration by the secretary that states the amount required to be paid, including penalty, is prima facie evidence of the delinquency. The presumption established by this section is a presumption affecting the burden of proof.
(Amended by Stats. 2019, Ch. 304, Sec. 26. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62569.

62569. (a) Any money that is collected by the secretary pursuant to this chapter shall be deposited in a bank or other depository that is approved by the secretary. Funds that are so collected are exempt from Sections 11270 and 11272 of the Government Code and shall be deposited and disbursed only to pay for milk produced and delivered within this state, that has not been otherwise paid for, including attorney’s fees and other costs incurred in litigation involving the fund, expenses generated by the auditing requirement imposed by Section 62570, expenses generated by the use of alternative financial instruments pursuant to Section 62560, and the costs set forth in Section 62573. The expenditure of those funds is exempt from Section 925.6 of the Government Code.
(b) Nothing in this section prevents the secretary from using the increment received from investment, reinvestment, or deposit of money specified in Section 62573, in the manner provided by Section 62574.
(Amended by Stats. 2019, Ch. 304, Sec. 27. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62570.

62570. All fund activities shall be subject to an audit at least once every two years by an auditing firm recommended by the board and selected by the secretary. A copy of the audit shall be delivered to the secretary within 30 days after completion.
(Amended by Stats. 2019, Ch. 304, Sec. 28. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62571.

62571. Notwithstanding Section 13340 of the Government Code, any money that is collected by the secretary pursuant to this chapter is hereby continuously appropriated to the secretary to carry out only those purposes provided for in Section 62569. The appropriation that is made in this section is exempt from Section 16304 of the Government Code.
(Amended by Stats. 2019, Ch. 304, Sec. 29. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62572.

62572. Any money that is deposited pursuant to Section 62569, which the secretary determines is available for investment, may be invested or reinvested by the Treasurer in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, or placed in a depository as provided in Chapter 4 (commencing with Section 16500) of that part, and handled in the same manner as money in the State Treasury. For these purposes, the money may also be combined with funds determined by the secretary to be available for investment pursuant to Section 58939.
(Amended by Stats. 2019, Ch. 304, Sec. 30. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62573.

62573. (a) Any increment that is received from investment, reinvestment, or deposit of money pursuant to Section 62572 shall be deposited to the credit of the fund. The Treasurer may deduct from this remittance an amount equal to the reasonable costs incurred in carrying out Section 62572 and this section or may bill the secretary for the costs, and the secretary shall pay the costs from money collected pursuant to this chapter.
(b) Nothing in this section prevents the secretary from using the increment in a manner provided by Section 62574.
(Amended by Stats. 2019, Ch. 304, Sec. 31. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 4 - Financing Plan › Section 62574.

62574. Immediately following the payment to the fund of the increment provided in Section 62573, the secretary may, after consultation with the board, transfer an amount equal to one-half of that increment to the Department of Food and Agriculture Fund to be used to reduce the producer assessments collected pursuant to Section 62660.
(Amended by Stats. 2019, Ch. 304, Sec. 32. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 5 - Milk Producers Security Trust Fund Coverage › Section 62580.

62580. (a) Except as otherwise provided in this chapter, milk shipped by a producer to a handler who meets all of the following criteria shall be considered for coverage pursuant to this chapter:
(1) A valid contract between the producer and handler pursuant to Chapter 1 (commencing with Section 61310) or Chapter 2 (commencing with Section 61801) has been filed with the secretary before the date the milk was shipped, unless the shipment was made in the first five days after the contract was executed. Filing may be accomplished by providing the department electronic notification of the contract.
(2) The handler was licensed and bonded as required by Chapter 1 (commencing with Section 61301) or Chapter 2 (commencing with Section 61801) when the contract was filed with the secretary.
(3) The milk was produced within the state and delivered to a plant within the state.
(4) The secretary has not issued a prior notice that the shipments would not be covered by the fund.
(5) The shipment was not made under a custom processing arrangement with the producer retaining title.
(6) (A) The producer shipping the milk had a direct contract with the handler. Milk shipped to a handler under a contract held by intermediaries, brokers, or agents is not covered.
(B) In the case of a nonprofit cooperative association, only the milk of its members shipped under the contract is covered. Notwithstanding subparagraph (A), milk shipped by a nonprofit cooperative association to a handler under a contract held by another nonprofit cooperative association, as verified by the secretary, is covered.
(7) (A) The producer does not have a beneficial ownership interest in the handler to whom shipments were made.
(B) For purposes of this paragraph, the term “beneficial ownership interest” means the holding of any ownership share in the handler to whom shipments are made, or, if the handler is a publicly traded company, an ownership share of more than 1 percent.
(8) The producer is in compliance with this chapter.
(b) Milk shall not be excluded from coverage pursuant to this chapter due to its pooled or nonpooled status.
(Amended by Stats. 2019, Ch. 304, Sec. 33. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 5 - Milk Producers Security Trust Fund Coverage › Section 62580.5.

62580.5. Any producer entity, including a nonprofit cooperative association that severs a disqualifying beneficial ownership interest in a handler to whom it supplies bulk milk, shall not have trust fund coverage for future milk shipments to that handler for a period of 12 months after notice is given to the secretary of termination of the beneficial ownership interest unless a waiver is granted subject to Section 62587.
(Amended by Stats. 2019, Ch. 304, Sec. 34. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 5 - Milk Producers Security Trust Fund Coverage › Section 62581.

62581. Only shipments which occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid are eligible.
(Amended by Stats. 1990, Ch. 476, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 5 - Milk Producers Security Trust Fund Coverage › Section 62582.

62582. If future shipments to a handler are not eligible for coverage under this chapter in the event of a default, the secretary shall notify all producers who have a contract on file with the secretary, all nonprofit cooperative associations, and other interested parties. Future shipments shall not be eligible when any of the following events occur:
(a) The handler fails to maintain a valid license or bond as required under Chapter 1 (commencing with Section 61301) or Chapter 2 (commencing with Section 61801).
(b) The handler fails to pay producers as required under Section 1051.73 of the Federal Milk Marketing Order, or, in the case of nonpooled or Grade B milk, by the contract filed with the secretary pursuant to paragraph (1) of subdivision (a) of Section 62580.
(c) The handler fails to submit, when requested by the secretary, executed contracts that establish the relationship between affected parties.
(Amended by Stats. 2019, Ch. 304, Sec. 35. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 5 - Milk Producers Security Trust Fund Coverage › Section 62583.

62583. If, on the date of the notice issued pursuant to Section 62582, a producer has a contract with the handler which is on file with the secretary, and that producer has received payment from a handler whose milk purchases have been declared ineligible, shipments by that producer which occur more than five days from the date of the notice of ineligibility issued by the secretary will not be considered in determining any claim the producer may make against the fund, unless the secretary reestablishes eligibility for future shipments to be covered by the fund.
(Amended by Stats. 2008, Ch. 236, Sec. 8. Effective August 1, 2008.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2.5 - Milk Producers Security Trust Fund › ARTICLE 5 - Milk Producers Security Trust Fund Coverage › Section 62584.

62584. If, on the date of the notice issued pursuant to Section 62582, a producer does not have a contract with the handler which is on file with the secretary, shipments by that producer which occur more than five days from the date of the notice of ineligibility issued by the secretary will not be considered in determining any claim the producer may make against the fund, unless the secretary reestablishes eligibility for future shipments to be covered by the fund.
(Amended by Stats. 2008, Ch. 236, Sec. 9. Effective August 1, 2008.)