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 6 - Notice, Reports, and Hearings › Section 58771.

58771. If the director has reason to believe that the issuance of a marketing order, or amendments to an existing marketing order, will tend to effectuate the declared policy of this chapter with respect to any commodity, he shall, either upon his own motion or upon application of any producer or handler of such commodity, or any organization of such persons, give notice of not less than 30 days for a public hearing upon a proposed marketing order or such amendments to such existing marketing order. In an emergency situation requiring urgent action, the director may, upon citing the nature of the emergency in the notice, give less than 30 days’ notice.
(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 6 - Notice, Reports, and Hearings › Section 58773.

58773. The director shall also mail a copy of such notice of hearing and a copy of such proposed marketing order, or proposed amendments, to every producer or handler of such commodity whose name and address appears upon lists of such persons, on file in the department that may be directly affected by the provisions of such proposed marketing order or such proposed amendments.
(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 6 - Notice, Reports, and Hearings › Section 58774.

58774. The notice of hearing shall set forth all of the following:
(a) The date and place of the hearing.
(b) The commodity and the area which are covered by the proposed marketing order or the proposed amendments.
(c) A statement that the director will receive, at the hearing, testimony and evidence as to other necessary and relevant matters which are set forth in Article 7 (commencing with Section 58811).
(Amended by Stats. 1986, Ch. 319, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 6 - Notice, Reports, and Hearings › Section 58775.

58775. To provide the director with accurate and reliable information, if that information is not then on file in the department, regarding the persons that may be directly affected by the provisions of any proposed marketing order for any commodity, the director shall, if he or she has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this chapter, or upon receipt of a written application for a hearing pursuant to Section 58771, notify all handlers of the commodity to file with the director, within 30 days from the last date of the notice, a report, properly certified, which shows all of the following:
(a) The correct name and address of such handler.
(b) The quantities of the commodity that are affected by the proposed marketing order which were handled by the handler in the marketing season next preceding the filing of the report or the current marketing season if the harvest and delivery of the commodity to handlers is complete.
(c) The correct name and address of every producer of the commodity, that may be directly affected by the proposed marketing order, from whom the handler received the commodity in the marketing season next preceding the filing of the report or the current marketing season if the harvest and delivery of the commodity to handlers is complete.
(d) The director may also require all handlers to report quantities of the commodity which were received by the handler from each producer in the marketing season next preceding the filing of the report or the current marketing season if the harvest and delivery of the commodity to handlers is complete.
(Amended by Stats. 1986, Ch. 677, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 6 - Notice, Reports, and Hearings › Section 58777.

58777. The director shall mail a copy of such notice to file such report to every handler of such commodity whose name and address appears upon the lists on file in the department, of handlers that may be directly affected by the provisions of such proposed marketing order.
(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 6 - Notice, Reports, and Hearings › Section 58778.

58778. Each handler of such commodity that may be directly affected by the provisions of such proposed marketing order shall file such verified report with the director within the time which is specified in Section 58775. Failure or refusal of any handler to file such report within the time which is specified does not invalidate any proceeding which is taken or marketing order which is issued pursuant to this chapter. The director shall proceed upon the basis of such information and reports as may otherwise be available.
(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 6 - Notice, Reports, and Hearings › Section 58779.

58779. From the reports which are filed and the information which is received or available to the director, including any proper corrections, the director shall prepare a list of the names and addresses of the producers and the volume of such commodity which was produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity which was handled by all such handlers, that are directly affected by the provisions of such proposed marketing order, or amendments to it, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the director pursuant to the provisions of Article 12 (commencing with Section 58991) of this chapter and such findings are conclusive.
(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 6 - Notice, Reports, and Hearings › Section 58780.

58780. In the preparation of the list of producers or handlers to be used in the formulation or amendment of any marketing order or marketing agreement, the director may omit from such list the name of any person that makes only casual sales of the product which is involved, or whose sales or marketings of such product are incidental to urban home ownership, or the result of activity other than a commercial farm or business venture. Any person that is excluded from such lists is not subject to the provisions, including the payment of any assessments, which are applicable upon producers, or handlers, as prescribed in any such marketing order or marketing agreement.
(Amended by Stats. 1967, Ch. 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 6 - Notice, Reports, and Hearings › Section 58781.

58781. The information which is contained in the individual reports of handlers which are filed with the director pursuant to this article shall not be made public by the director in such form but the information which is contained in such reports may be prepared in combined form for use by the director, his agents, or other interested persons, in the formulation, administration, and enforcement of a marketing order, or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
(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 6 - Notice, Reports, and Hearings › Section 58782.

58782. The hearing on a proposed marketing order or proposed amendments shall be public and all testimony shall be received under oath. A full and complete record of all proceedings at such hearing shall be made and maintained on file in the office 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 6 - Notice, Reports, and Hearings › Section 58783.

58783. At the hearing, the director shall receive, in addition to other necessary or relevant matters, evidence upon the matters which are set forth in Article 7 (commencing with Section 58811).
(Amended by Stats. 1986, Ch. 319, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 6 - Notice, Reports, and Hearings › Section 58784.

58784. At any public hearing which is held in connection with the formulation or amendment of a marketing order or marketing agreement, the director shall present testimony with respect to the procedure used to develop the official producer or handler list, as the case may be.
(Amended by Stats. 1986, Ch. 319, 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 6 - Notice, Reports, and Hearings › Section 58785.

58785. At each public hearing upon a marketing order or a major amendment to it, the director shall receive evidence relative to the period of time which may be necessarily required for the filing, checking, and tabulating of written assents which are prescribed in Article 12 (commencing with Section 58991) of this chapter. He shall also, at the conclusion of each such hearing, make a finding, based upon the evidence, with respect to the period of time which may be reasonably and necessarily required for such filing, checking, and tabulating. On the basis of such finding, the director shall fix and limit the period during which such assents may be received by him and shall be the period at the time of mailing of assent forms to producers and handlers that are affected. If, however, the director finds that an extension of such period is reasonably warranted, he may extend such period for receiving assents.
(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 6 - Notice, Reports, and Hearings › Section 58786.

58786. At a public hearing which is held to consider a proposed marketing order or major amendments to an existing marketing order, the director shall also receive evidence from which the director can determine whether the assent, approval, or favor of the producers, handlers, or processors affected shall be determined by written assents or by referendum as prescribed in Article 12 (commencing with Section 58991).
(Amended by Stats. 1986, Ch. 677, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 6 - Notice, Reports, and Hearings › Section 58787.

58787. Upon the conclusion of the hearing, the director shall make a finding which is based upon the evidence received, whether assent, approval, or favor shall be determined by written assents or by referendum.
(Amended by Stats. 1986, Ch. 677, 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 6 - Notice, Reports, and Hearings › Section 58788.

58788. If the director finds that a referendum shall be had, the director shall direct that a referendum be held in accordance with Sections 58991 to 58998, inclusive. If a referendum is conducted, the director is not required, with respect to the assent, approval, or favor, to make a finding pursuant to Section 58785 concerning, or to fix and limit, the period during which assents may be received by the director.
(Amended by Stats. 1986, Ch. 677, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 7 - Findings › Section 58811.

58811. After the notice and hearing which are required by Article 6 (commencing with Section 58771) of this chapter, and before issuing a marketing order or amendments to it for the written assent of producers or handlers which contain provisions for correlating the supply of the commodity which is affected with market demands for it by means of restrictions upon the total quantity of such commodity, or restrictions upon the total quantity of any grade, size, quality, or condition of it, which restrictions have the effect of limiting the total quantity of such commodity which may be marketed during any marketing season, if the restricted portion of such commodity might otherwise be marketed by producers in compliance with other laws of this state or of the United States or in compliance with established commercial practice during such marketing season, the director shall make all of the following findings with respect to such marketing order or amendments to it:
(a) Such provisions are necessary in order to effect a reasonable correlation of the supply of the commodity which is affected with market demands for the commodity and that such marketing order or amendments to it will tend to reestablish or maintain such level of prices for such commodity as will provide a purchasing power for such commodity which is adequate to maintain in the business of producing such commodity such number of producers as is required to provide such supply of the quantities and qualities of such commodity as is necessary to fulfill the normal requirements of consumers of the commodity.
(b) Such marketing order or amendments to it will tend to approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for such commodity.
(c) Such marketing order or amendments to it are in conformity with the provisions of this chapter and within the applicable limitations and restrictions which are set forth in this chapter and will tend to effectuate the declared purposes and policies of this chapter.
(d) Such marketing order or amendments to it will protect the interests of consumers of such commodity, by exercising the powers of this chapter only to such extent as is necessary to establish the equality of purchasing power which is described in subdivision (a) of this section.
(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 7 - Findings › Section 58812.

58812. In making the findings with respect to any of the objectives which are set forth in Section 58811, the director shall, if any or all of the following economic factors are relevant, take into consideration any and all facts which are available to him with respect to all of the following:
(a) The quantity of such commodity which is available for distribution.
(b) The quantity of such commodity which is normally required by consumers.
(c) The cost of producing such commodity as determined by available statistics and surveys.
(d) The purchasing power of consumers as indicated by reports and indices.
(e) The level of prices of other commodities which compete with, or are utilized as substitutes for, such commodity.
(f) The level of prices of other commodities, services, and articles which farmers commonly buy.
(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 7 - Findings › Section 58813.

58813. If the marketing order or amendments to it contain provisions only for the purpose of regulating the flow of the commodity, or any grade, size, or condition of the commodity, to market without directly restricting the total quantity which may be marketed during the marketing season, or if the marketing order or amendments to it contain provisions only for the establishment of grade, size, quality, or condition specifications, or for uniform grading and inspection, or the elimination of unfair trade practices, or provisions for advertising or sales promotion, or for research, the director may issue such marketing order or amendments to it if he makes all of the following findings:
(a) That such marketing order or amendments to it are reasonably calculated to attain the objectives which are sought in such marketing order.
(b) That such marketing order or amendments to it are in conformity with the provisions of this chapter and within the applicable limitations and restrictions which are set forth in this chapter and will tend to effectuate the declared purposes and policies of this chapter.
(c) That the interests of consumers of such commodity are protected in that the powers of this chapter are being exercised only to the extent which is necessary to attain such objectives.
In making any findings pursuant to this section, the director shall base his findings upon the facts, testimony, and evidence which is received at the public hearing together with any other relevant facts which are available to him from official publications or institutions of recognized standing.
(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 7 - Findings › Section 58814.

58814. Any marketing order in effect on August 27, 1945, which was duly issued by the director pursuant to this chapter prior to May 28, 1945, and in effect on such date, shall continue in full force and effect and shall be conclusively presumed to be in conformity with the provisions of this article as amended.
(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 8 - Advisory Boards and Committees › Section 58841.

58841. Any marketing order which is issued pursuant to this chapter shall provide for the establishment of an advisory board to assist the director in the administration of any marketing order. The members of the advisory board shall be appointed by the director and may hold office at the pleasure of the director. A marketing order may, however, provide for the appointment of members from nominations made by the producers and handlers and may also provide for the method of selecting such nominees.
(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 8 - Advisory Boards and Committees › Section 58842.

58842. If the marketing order affects directly only producers of a particular commodity, the members of the advisory board shall be producers. If the marketing order affects directly only handlers of a particular commodity, the members of the advisory board shall be handlers.
If the marketing order affects directly both producers and handlers of a particular commodity the advisory board shall be composed of both producers and handlers. The number of producers or handlers upon any such advisory board shall be of such number of producers or handlers as the director finds is necessary to assist properly in the administration of such 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 8 - Advisory Boards and Committees › Section 58842.5.

58842.5. Any raisin marketing order or agreement involving producers operating under this chapter shall provide for, and the director shall appoint, a person to represent cooperative bargaining associations organized pursuant to Chapter 2 (commencing with Section 54401) of Division 20 from nominations made by the associations to the advisory board.
The person so appointed shall be a voting member of the advisory board.
(Added by Stats. 1982, Ch. 654, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 8 - Advisory Boards and Committees › Section 58843.

58843. Upon the recommendation of the advisory board, the director may appoint one person who is neither a producer nor a handler to represent the department or the public generally.
(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 8 - Advisory Boards and Committees › Section 58844.

58844. A member of an advisory board is entitled to actual expenses which are incurred while engaged in performing duties that are authorized by this chapter and, with the approval of the advisory board concerned, may receive compensation not to exceed fifty dollars ($50) per day for each day spent in actual attendance at, or traveling to and from, meetings of the board or on special assignment for the board.
(Amended by Stats. 1986, Ch. 395, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 8 - Advisory Boards and Committees › Section 58845.

58845. The director may authorize an advisory board to do all of the following:
(a) Enter into contracts or agreements.
(b) Employ necessary personnel, including attorneys engaged in the private practice of the law, and fix their compensation and terms of employment.
(c) Incur such expenses, to be paid from moneys which are collected as provided in Article 10 (commencing with Section 58921), as the director may deem necessary and proper to enable the advisory board properly to perform its duties as authorized by this chapter.
(d) Receive, invest, and disburse funds pursuant to the provisions of Article 10 (commencing with Section 58921).
(Amended by Stats. 1982, Ch. 641, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 8 - Advisory Boards and Committees › Section 58846.

58846. The duties of an advisory board are administrative only and any such board may do only the following:
(a) Subject to the approval of the director, administer the marketing order.
(b) Recommend to the director administrative rules and regulations which relate to the marketing order.
(c) Receive and report to the director complaints of violations of the marketing order.
(d) Recommend to the director amendments to the marketing order.
(e) Assist the director in the assessment of members of the industry and in the collection of funds to cover expenses incurred by the director in the administration of the marketing order.
(f) Assist the director in the collection of such necessary information and data as the director may deem necessary to the proper administration 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 8 - Advisory Boards and Committees › Section 58846.5.

58846.5. Each advisory board shall, annually, report to the members of the industry who are subject to its marketing order on the activities and program, including, but not limited to, the income and expenses, the fund balance, and a report of progress in achieving program goals, of such a marketing order, as prescribed by the director.
(Added by Stats. 1974, Ch. 906.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 8 - Advisory Boards and Committees › Section 58847.

58847. The members or alternate members of any advisory board, including employees of the advisory board, are not responsible individually in any way whatsoever to any person for liability on any contract or agreement of the advisory board.
(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 8 - Advisory Boards and Committees › Section 58848.

58848. In addition to the advisory board, one or more special committees or subcommittees may be established to assist the advisory board in carrying out its duties and functions. Upon approval of the director, each advisory board may establish committees or subcommittees to carry out assigned duties and functions and designate the members or alternate members of the advisory board to serve upon such committees.
(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 8 - Advisory Boards and Committees › Section 58849.

58849. If the marketing order so authorizes, or upon the recommendation of the advisory board, the director may authorize the establishment of special committees or subcommittees of persons who are not members or alternate members of the board to perform specific duties and functions. The members and alternate members of any such special committee or subcommittee shall be appointed 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 8 - Advisory Boards and Committees › Section 58850.

58850. An advisory board may at any time invite any persons to their meetings to serve in an advisory capacity and the director may, if requested by the advisory board, pay necessary expenses to such persons at rates not to exceed those granted to advisory board members.
(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 8 - Advisory Boards and Committees › Section 58851.

58851. Any action of any committee, special committee, or subcommittee of the board is subject to final approval by the advisory board. Members and alternate members of any committee, special committee, or subcommittee, whether by appointment or approval of the director, are entitled to reimbursement for actual expenses which are incurred while acting in their authorized capacities.
(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 8 - Advisory Boards and Committees › Section 58852.

58852. It is hereby declared, as a matter of legislative determination, that the producers, or handlers, or both producers and handlers, appointed to any advisory board 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 agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.
(Added by Stats. 1976, Ch. 1428.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 8 - Advisory Boards and Committees › Section 58853.

58853. (a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an advisory board:
(1) A member of the advisory board participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
(2) The advisory board shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the advisory board shall be in attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.
(b) Nothing in this section shall exempt the advisory board from providing information regarding the physical location of an advisory board meeting or any teleconference participation information, including the identity of an advisory board member who might be participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this section, the advisory board shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.
(Added by Stats. 2016, Ch. 451, Sec. 2. (AB 1976) Effective January 1, 2017.)
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 58881.

58881. Except as otherwise provided in Sections 58657 and 58747, any marketing order which is issued by the director pursuant to this chapter may contain any or all of the provisions which are prescribed by this article for regulating, or providing methods for regulating producer marketing, or the handling, or any of the operations of processing or distributing by handlers, of any commodity within the state, but no others.
(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 58882.

58882. A marketing order may contain provisions for determining the existence and extent of the surplus of any commodity, or of any grade, size, or quality of it, and providing for the control and disposition of such surplus, and for equalizing the burden of such surplus elimination or control among the producers, processors, distributors, or other handlers that are affected.
Notwithstanding any other appropriate means of equalizing the burden of surplus control and its elimination as provided in this chapter, provision may be made for the creation of a stabilization fund to be used for purchasing or otherwise acquiring any portion of the surplus of any commodity either in fresh or processed form, except when processed in hermetically sealed containers, and for the diversion of such surplus quantity of such commodity which is so acquired into noncompetitive or byproducts uses or for disposing of such surplus in noncommercial channels. Money for such stabilization fund shall be provided by means of the establishment of an assessment rate for such purpose levied upon producers or handlers, or upon both producers and handlers. Such assessment rate shall be based upon the units in which such commodity is handled or marketed or upon any other uniform basis which the director determines to be reasonable and equitable. For convenience of collection, the director may collect any producer assessments from handlers of such commodity. Handlers paying such assessments for, and on behalf of, any producers may deduct such producer assessments from any money which is owed by such handlers to such producers.
(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 58883.

58883. A marketing order may contain provisions for limiting the total quantity of any commodity, or of any grade, size, or quality of it, which may be marketed by producers, or processed, distributed, or otherwise handled within this state during any specified period by any and all persons that are engaged in such producer marketing, processing, distributing, or handling. Any such limitation shall be applied under a uniform rule which is applicable to all such persons so regulated. The total quantity of any such commodity which is so regulated and permitted to be marketed by producers, processed, distributed, or otherwise handled, shall not be less than the quantity which the director finds is reasonably necessary to supply the market demands of consumers of such commodity.
The marketing of green ripe olives is not, however, subject to any provisions of a marketing order which limits the total quantity of such commodity which may be marketed.
(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 58884.

58884. A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler may purchase or acquire from, or handle on behalf of, any and all producers of the commodity, within this state during any specified period under a uniform rule, which is applicable to all handlers that are so regulated based upon the amounts produced or sold by such producers in a prior period which the director finds to be representative, or upon the current season’s production or sales of such producers, or both, to the end that the total quantity of such commodity, or of any grade, size, or quality of it, which is so purchased or handled within this state is apportioned equitably among the producers of the 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 9 - Terms of Marketing Orders › Section 58885.

58885. A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler may process, distribute, or handle within this state under a uniform rule, which is applicable to all handlers that are so regulated, which is based upon the quantities of such commodity, or of any grade, size, or quality of it, of the current season’s crop which each such handler has available for such processing, distribution, or handling, or upon the quantities of such commodity, or of any grade, size, or quality of it, which is so processed, distributed, or handled by each such handler in a prior period which the director finds to be representative, or based upon both, to the end that the total quantity of such commodity, or any grade, size, or quality of it, processed, distributed, or handled within this state during any specified period is equitably apportioned among all such handlers of the 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 9 - Terms of Marketing Orders › Section 58886.

58886. A marketing order may contain provisions which regulate 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 by any and all persons that are engaged in such processing, distributing, or marketing within this state. The total quantity of such commodity which is so regulated and permitted to be processed, distributed, or otherwise marketed during such period, shall not, however, be less than the quantity which the director finds is necessary to reasonably supply the needs of consumers 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 9 - Terms of Marketing Orders › Section 58888.

58888. A marketing order may contain provisions which establish, or provide for the establishment, with respect to any commodity, either as delivered by producers to handlers or processors, or as handled, processed, or otherwise prepared for market, or as marketed by producers, handlers, or processors, both of the following:
(a) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards. The standards so established shall not, however, be established below any minimum standards which are prescribed by law for such commodity.
(b) Uniform inspection and grading of such commodity in accordance with the standards which are so established.
(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 58889.

58889. (a) A marketing order may contain provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for any commodity that is grown in this state, or for the prevention, modification, or removal of trade barriers that obstruct the free flow of any commodity to market. The secretary may prepare, issue, administer, and enforce plans for promoting the sale of any commodity.
(b) Any plan shall be directed toward increasing the sale of the commodity without reference to any private brand or trade name that is used by any handler with respect to the commodity regulated by the marketing order, except the use of wine if other than private brands or private trade names are unavailable, and except that marketing orders that provide for the advertising and sales promotion of raisins, prunes, and walnuts may allow those plans to credit the pro rata assessment obligations of a handler with all or any portion of that handler’s direct expenditures for the marketing promotion that may include private brand or trade name advertising performance allowances, sales promotions, couponing, and in-store promotion programs and materials.
(c) (1) Notwithstanding any provision of this section, any marketing order for fluid milk may contain in its advertising and sales promotion plan provisions to allocate funds for promotions of cheese, ice cream, or butter products made with California milk, including promotions in which brand or trade names are used, but only if the use is incidental to the promotion of the California milk product and not in direct promotion of the brand or trade name, and if the allocation of funds is made available on a nondiscriminatory basis to all retailers and manufacturers of butter, ice cream, or cheese utilizing milk produced in California. Permissible private brand or trade name marketing promotions may include advertising, performance allowances, sales promotions, couponing subject to Section 61375 and in-store promotion programs and materials, and other marketing communication tools.
(2) For purposes of this subdivision, “butter” means the product made by gathering the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents.
(3) This subdivision shall not become operative unless approved as set forth in subdivision (c) of Section 58993.
(d) No advertising or sales promotion program shall be issued by the secretary that makes use of false or unwarranted claims in behalf of any product, or disparages the quality, value, sale, or use of any other commodity.
(Amended (as amended by Stats. 1998, Ch. 912, Sec. 1) by Stats. 2002, Ch. 157, Sec. 1. Effective January 1, 2003.)
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 58889.1.

58889.1. Notwithstanding Section 58889, any marketing order for processed fruits, nuts, or vegetables may contain in its advertising and sales promotion plan provisions to allocate funds to promote private brands or trade names.
(Added by Stats. 1983, Ch. 809, Sec. 1.)
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 58889.3.

58889.3. Notwithstanding subdivision (b) of Section 58889, effective immediately, a marketing order may contain provisions for the establishment of plans for advertising and sales promotion, including any private brand or trade name, to maintain present international foreign markets or to create new or larger international foreign markets for any commodity which is grown in this state, provided that effective January 1, 1978, such advertising and sales promotion plans require that each individual commodity package label indicate the commodity is of California origin in English or other appropriate language.
(Amended by Stats. 1978, Ch. 309.)
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 58890.

58890. A marketing order may contain provisions which relate to the prohibition of unfair trade practices. In addition to the unfair trade practices now prohibited by law, applicable to the processing, distribution, or handling of any commodity within this state, the director may include in any marketing order which is issued provisions that are designed to correct any trade practice which affects the processing, distributing, or handling of any commodity within this state which the director finds, after a hearing upon the marketing order in which all interested persons are given an opportunity to be heard, is unfair and detrimental to the effectuation of the declared purposes 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 9 - Terms of Marketing Orders › Section 58891.

58891. A marketing order may contain provisions for the application for, review, certification, and equitable payment of, production adjustment benefits to growers from funds which are collected for such purpose on a uniform basis from all commercial growers of any commodity in the state, for which production adjustment payments are made. Such funds may be supplemented by funds, if any, which are received from federal, state, or other agencies for such purpose.
(Amended by Stats. 1970, Ch. 1275.)
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 58892.

58892. (a) A marketing order may contain provisions for carrying on research studies in the production, processing, or distribution of any commodity and for the expenditure of moneys for these purposes. Prior to the implementation of a research program authorized by this section that will extend beyond the next reapproval date of the marketing order pursuant to Section 59086, the director shall call a public hearing pursuant to Article 6 (commencing with Section 58771) to receive testimony regarding support for the research program by persons directly affected by the marketing order. After the hearing, the director shall find and determine, based upon the evidence received, whether or not to conduct a referendum pursuant to subdivision (c) of Section 58993 prior to approval of the proposed research program in order to evaluate with greater certainty the support for the program by the persons directly affected by the marketing order.
(b) In carrying out this section, an advisory board may, subject to the approval of the director, establish a trust account to fund research programs on an ongoing basis. These programs may extend beyond the termination date of the marketing order. For any program designed to last more than one year, funding shall be provided for from the trust account during the initial year.
(c) In any research in production or processing which is carried on pursuant to this section, the Vice President for Agricultural Sciences of the University of California and the advisory board which is provided for in Article 8 (commencing with Section 58841) shall cooperate in selecting the research program which is to be carried on from time to time. Insofar as practicable, the programs shall be carried out by the University of California, but if the vice president and the advisory board determine that the university has no facilities for a particular program, or that some other research agency has better facilities for it, the program may be carried out by any other research agency which is selected by the vice president and the advisory board.
(d) In carrying out this section, an advisory board may carry out research programs for the purpose of developing and testing new products in selected markets. The proposed programs shall be submitted to the director for his or her approval prior to the expenditure of funds for the program. The proposal submitted shall include, among other things, a description of the new products, the test market to be utilized, and the duration of the program.
(Amended by Stats. 1984, Ch. 425, Sec. 1. 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 9 - Terms of Marketing Orders › Section 58892.1.

58892.1. A marketing order may contain provisions for research studies concerning the health, food, nutritional, therapeutic, dietetic or such qualities of other food products, for the development of new food products, or for the development of new uses for agricultural products.
(Added 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 58892.2.

58892.2. No marketing order for milk shall be issued by the director unless he finds that such marketing order does not conflict with the provisions of Chapter 2 (commencing with Section 61801) or Chapter 3 (commencing with Section 62700) of Part 3 of Division 21.
(Added by Stats. 1969, Ch. 217.)