reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3 - Equalization Pools › Section 62727.

62727. It is the intent of the Legislature that the power conferred in this chapter shall be liberally construed. The provisions of this chapter or subsequent amendment are severable. If any section, subdivision, paragraph, sentence, clause, or phrase of this chapter should be declared or held unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect the validity of any other provision of this chapter. The Legislature hereby declares that it would have enacted each other such section, subdivision, paragraph, sentence, clause, or phrase of this chapter irrespective of the fact that one or more sections, subdivisions, paragraphs, sentences, clauses, or phrases has been declared unconstitutional or invalid. Provided further that any such finding of invalidity or unconstitutionality shall not invalidate, affect or impair pool quotas and production bases heretofore issued under the Gonsalves Milk Pooling Act or pooling plan promulgated thereunder.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3 - Equalization Pools › Section 62728.

62728. The director shall terminate any pooling plan in effect in any marketing area without notice or hearing at any time that there ceases to be a stabilization and marketing plan in force and effect in such marketing area, establishing minimum prices to be paid to producers, unless minimum prices payable by distributors to producers for fluid milk in such marketing area are subject to a federal milk marketing agreement or order which is not in conflict with, or in duplication of, the pooling plan.
(Added by Stats. 1967, Ch. 927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3 - Equalization Pools › Section 62729.

62729. The director or his assistants, deputies, agents, or other employees, are authorized to travel out-of-state in order to carry out the purposes of this chapter.
(Added by Stats. 1967, Ch. 927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3 - Equalization Pools › Section 62730.

62730. Any violation of any provision of this chapter, or any regulations adopted pursuant to this chapter, shall be punishable, and shall have the same effect, as a violation of Chapter 2 (commencing with Section 61801).
(Amended by Stats. 1982, Ch. 751, Sec. 39.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62750.

62750. Notwithstanding any provision of Chapter 3 (commencing with Section 62700) in conflict with this section or any pooling plan for market milk in effect under that chapter, effective January 1, 1994, each producer shall be paid the amounts determined in accordance with this section for his or her pool quota production and for all production in excess of his or her pool quota.
(a) For all milk fat, whether or not equal to his or her pool quota, an amount determined by dividing the value of all milk fat in the pool by the amount of milk fat produced.
(b) Transportation allowances that are provided for in the pooling plan shall not be deducted from the quota milk of any region, but shall be deducted from the total solids not fat pool revenue before any price is determined for quota and nonquota solids not fat.
(c) Regional quota adjusters shall continue to be subtracted from the quota price in the established areas as specified in the pooling plan for market milk. However, the hundredweight price specified shall be converted to a solids not fat equivalent value, and the adjustments for the effect of those regional quota adjusters shall be applied to the solids not fat revenue.
(d) After taking into consideration the effect of the regional quota adjusters, the solids not fat announced quota price for those areas in which there is no regional quota adjuster shall be nineteen and one-half cents ($0.195) per pound greater than the announced solids not fat price for all milk produced in excess of pool quota.
(Amended by Stats. 1994, Ch. 601, Sec. 1.5. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62750.1.

62750.1. In calculating the pool value, the volume of milk that has been classified as restricted use market milk shall be credited to the handler at the class 4a or class 4b price, whichever is lower.
(Added by Stats. 1996, Ch. 759, Sec. 27. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62751.

62751. Except as provided in Section 62756, this chapter shall remain operative until the secretary certifies to the Secretary of State that producers have voted in a referendum to suspend the operation of this chapter.
(Repealed and added by Stats. 1994, Ch. 601, Sec. 3. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62752.

62752. The secretary may hold a public hearing at any time to consider whether this chapter shall be suspended, and shall hold a public hearing to review a petition requesting the suspension of this chapter signed by not less than 25 percent of the producers who produced not less than 25 percent of the total amount of fluid milk produced in this state during the preceding calendar month.
(Added by Stats. 1994, Ch. 601, Sec. 4. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62753.

62753. The secretary shall establish a period of 60 days in which to conduct the referendum. The secretary may extend the referendum period an additional 30 days if he or she determines that the additional time is needed to adequately conduct the referendum, and may prescribe additional procedures necessary to conduct the referendum.
(Added by Stats. 1994, Ch. 601, Sec. 5. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62754.

62754. (a) Each producer shall have one vote and the vote shall be individually cast in order to prevent block voting. The secretary shall prepare a ballot. The ballot form shall be substantially as follows:
Ballot
Shall Chapter 3.5 (commencing with Section 62750) of Part 3 of Division 21 of the Food and Agricultural Code be continued in effect?
YesNo
(b) In addition, the ballot shall include a statement of the voter’s total production during the calendar month next preceding the month of the commencement of the referendum period, where and to whom that production was sold or otherwise disposed, and the producer’s name and address and pooling numbers.
(Added by Stats. 1994, Ch. 601, Sec. 6. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62755.

62755. (a) The secretary shall find that producers have assented to the continued operation of this chapter if the secretary finds on a statewide basis that not less than 51 percent of the total number of eligible producers in the state have voted in the referendum and that 51 percent or more of the total number of eligible producers who voted in the referendum and who produced 51 percent or more of the total amount of fluid milk produced in the state during the calendar month next preceding the month of the commencement of the referendum period by all producers who voted in the referendum, approve the continued operation of this chapter.
(b) If the secretary finds that a vote favorable to the continued operation of this chapter has not been given, the secretary shall so certify to the Secretary of State and shall declare this chapter inoperative.
(c) The secretary may reveal the names of producers whose votes have been received to both proponents and opponents of the continued operation of this chapter. However, whether individual producers voted for or against the continued operation of this chapter shall be kept confidential.
(Added by Stats. 1994, Ch. 601, Sec. 7. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62756.

62756. (a) If the continued operation of this chapter is not approved, the secretary shall continue in operation the pooling plan in effect on December 31, 1993.
(b) Notwithstanding Section 62751, this section shall remain operative notwithstanding a vote by producers to suspend the operation of this chapter.
(Added by Stats. 1994, Ch. 601, Sec. 8. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.5 - Milk Pooling › Section 62757.

62757. (a) If a federal milk marketing order is established in California, the secretary is authorized to establish a stand-alone quota program, the details of which shall be included in the pooling plan. The stand-alone quota program may be funded by an assessment on milk produced in the state.
(b) The secretary may require handlers, including cooperative associations acting as handlers, to make reports necessary for the operation of the stand-alone quota program.
(c) The stand-alone quota program shall be pursuant to a recommendation by the review board established pursuant to Section 62719 and approved by a statewide referendum of producers conducted pursuant to Sections 62716 and 62717.
(Added by Stats. 2017, Ch. 26, Sec. 38. (SB 92) Effective June 27, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 3.6 - Dairy Marketing Study › Section 62765.

62765. The Department of Food and Agriculture, after consulting with its dairy advisory committee, shall complete a study of various proposals affecting regulated milk pricing and pooling programs by April 15, 2002. In particular, it shall study the following:
(a) The impact of the current federal forward price contract program on the regulated pricing and pooling programs operating in federal milk marketing orders and review other risk management tools available to dairy farmers and dairy processors.
(b) The impact of current forward price contract programs administered by California dairy farmer cooperatives on participating producers, on proprietary processors in procuring milk, and on affected products in the marketplace and the comparability of those programs with those operating within federal milk marketing orders.
(c) The impact of the various forward contract programs in use or proposed on pool revenue and price when those contracts are performed within the California milk pooling program.
(d) The impact of the various forward contract programs in use or proposed on pool revenue and price when those contracts are performed outside the California milk pooling program.
(e) The study may also include a review of the impact of requiring class 2 and 3 milk to be reported to the pool.
(f) A review of the advantages and disadvantages of a protein pricing payment system that is similar to the system used in federal milk marketing orders.
(g) This study shall be submitted to the respective chairpersons of the Senate Committee on Agriculture and Water Resources and the Assembly Committee on Agriculture.
(Added by Stats. 2001, Ch. 828, Sec. 1. Effective October 13, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 4 - Marketing of Edible Nuts › ARTICLE 1 - Contract Requirements › Section 62801.

62801. Except as otherwise provided in Section 62803, or unless the parties agree otherwise, every contract for the sale of edible nuts shall be in writing and shall state the full purchase price in a definite sum which is to be paid in accordance with the terms of the contract and, if the price is to be paid upon the basis of units or measures, the contract shall specify or describe the unit and state the full unit price. Written contracts under this section shall state the method by which the price is to be determined.
(Amended by Stats. 1983, Ch. 651, Sec. 1. Effective September 7, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 4 - Marketing of Edible Nuts › ARTICLE 1 - Contract Requirements › Section 62802.

62802. Any purchaser of edible nuts which are delivered pursuant to a contract entered into on or after the effective date of the act amending this section in the 1983–84 Regular Session of the Legislature and which is in violation of this article is liable to the seller for the reasonable value of the nuts as of the time of delivery and, in addition, is liable to the seller for a penalty of twice the difference between any amounts paid to the seller and the reasonable value of the nuts at the time of delivery. Any purchaser of edible nuts which are delivered pursuant to a contract that was entered into prior to the effective date of the act amending this section in the 1983–84 session which is in violation of this article is liable to the seller for the reasonable value of the nuts as of the time of delivery and, in addition, is liable to the seller for a penalty of twice the reasonable value of the nuts.
(Amended by Stats. 1983, Ch. 651, Sec. 2. Effective September 7, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 4 - Marketing of Edible Nuts › ARTICLE 1 - Contract Requirements › Section 62803.

62803. This article is not applicable to any contract between any member of any cooperative agricultural marketing association, which is operating under, and by virtue of, the laws of this state, any other state, the District of Columbia, or the United States, and the cooperative agricultural marketing association.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 4 - Marketing of Edible Nuts › ARTICLE 2 - Records › Section 62831.

62831. The commissioner of each county, under the supervision of the director, shall enforce this article insofar as it relates to the keeping of the records which are required to be kept by this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 4 - Marketing of Edible Nuts › ARTICLE 2 - Records › Section 62832.

62832. Every person that purchases English walnuts or almonds for purposes of processing or resale from any person, except a licensed dealer, broker, commission merchant, agricultural cooperative, or wholesaler, shall keep a record of the name and address of the person from whom each lot of such walnuts or almonds was purchased. If such walnuts or almonds are delivered to the purchaser by motor vehicle, the purchaser shall record either the license number of the vehicle or the driver’s license number of the person who makes delivery of each lot of such nuts.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 4 - Marketing of Edible Nuts › ARTICLE 2 - Records › Section 62833.

62833. The record and statement required to be made by this article shall be kept for one year from the date of purchase or delivery, whichever is later, and shall be made available for inspection upon request by any peace officer.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 5 - Marketing of Avocados › Section 63001.

63001. The commissioner of each county, under the supervision of the director, shall enforce this chapter insofar as it relates to the keeping of the records which are required to be kept by this chapter.
(Added by Stats. 1967, Ch. 98.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 5 - Marketing of Avocados › Section 63002.

63002. Every person who purchases or receives on consignment avocados for purposes of processing or sale from any person, except a grower, licensed dealer, broker, commission merchant, agricultural cooperative, or wholesaler, shall keep a record of the name and address of the person from whom each lot of such avocados was purchased or received on consignment. The purchaser or consignee shall also record the driver’s license number or other reasonable identification of the person who makes delivery of each lot of such avocados.
(Added by Stats. 1967, Ch. 98.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 5 - Marketing of Avocados › Section 63003.

63003. The record and statement required to be made by this chapter shall be kept for one year from the date of purchase or delivery, whichever is later, and shall be made available for inspection upon request by the commissioner.
(Added by Stats. 1967, Ch. 98.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 1 - General Provisions › Section 63101.

63101. It is the declared policy of the state to eliminate fraud, misinformation, deception, and other unfair trade practices that have existed in the processing strawberry industry and are detrimental to producers, processors, and consumers of processing strawberries due to the unavailability of accurate and reliable market price information. In order to prevent fraud, misinformation, deception, and other unfair trade practices, it is hereby declared as the policy of the state that the purchase of processing strawberries be subject to this chapter. The necessity for the enactment of this chapter, including the exemptions contained within it, is declared to be for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 1 - General Provisions › Section 63102.

63102. “Processing strawberries” means strawberries produced, in whole or in part, for the purpose of being ultimately processed into a use other than fresh consumption.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 1 - General Provisions › Section 63103.

63103. “Purchase price” means all price and price terms for processing strawberries, including any and all forms of compensation from processors to producers.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 1 - General Provisions › Section 63104.

63104. “Integrated producer-processor” means any producer who processes strawberries of his or her own production either as an individual, a business entity, or as a separate business entity operating as parent and subsidiary, or otherwise, which are under the same ownership and control, and who retains title to the processed strawberries, including, but not limited to, all rights to hypothecate the processed strawberries.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 1 - General Provisions › Section 63105.

63105. This chapter covers any marketing order issued pursuant to Chapter 1 (commencing with Section 58601) of Part 2 which exclusively affects processing strawberries.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63121.

63121. Any marketing order affecting processing strawberries shall require that each time during a marketing season that a processor establishes or changes purchase prices for processing strawberries, the processor shall, on or before the effective date of the purchase prices, post a schedule of the purchase prices at each receiving station for which each schedule applies, and file each schedule with the marketing order advisory board established under the marketing order. The advisory board shall, within five days of the effective date of each purchase price schedule, mail or deliver a copy of the schedule to every other processor. Except as otherwise provided in this chapter, a processor shall acquire processing strawberries at the filed purchase price.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63122.

63122. The director shall adopt a seasonal marketing regulation pursuant to Section 59171 for price filing and posting. The regulation shall not become effective prior to April 1 of any year.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63123.

63123. The director, with the assistance of the advisory board, shall establish administrative rules and regulations that provide for, but are not limited to, the specific manner of filing, posting, and revising purchase prices and any additional action necessary to assure adequate public disclosure of purchase prices.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63123.5.

63123.5. Any contract which is not exempt pursuant to Section 63124, including, but not limited to, any contract which makes a reference to a posted price for the purchase of strawberries by a processor from a producer and which also provides an additional purchase price, as defined by the director by regulation pursuant to Section 63123, shall be filed with the advisory board and posted in the manner prescribed by the director.
(Added by Stats. 1990, Ch. 361, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63124.

63124. (a) The following are exempt from this chapter:
(1) An integrated producer-processor. This exemption does not apply to the acquisition of strawberries for processing from any person who is not involved in a proprietary manner in the integrated producer-processor operation and who is not compensated for strawberries delivered through a proportionate share of the profits of the business entity.
(2) A processor registered in the state as a bona fide nonprofit cooperative when it acquires strawberries from members of the cooperative. This exemption does not apply to the acquisition of strawberries for processing from any person who is not a member of the cooperative.
(3) A contract with a fixed purchase price for the purchase of processing strawberries by a processor from a producer which is entered into and filed with the advisory board on or before the effective date of any seasonal marketing regulation for price filing and posting adopted pursuant to this chapter.
(4) Any contract for the purchase of strawberries for processing by a processor from a producer entered into prior to January 1, 1985, and filed prior to the effective date of any seasonal marketing regulation for price filing and posting adopted pursuant to this chapter.
(5) A contract that makes a reference to a processor’s posted price for the purchase of processing strawberries by the processor from a producer which does not contain an additional purchase price, as defined by the director by regulation pursuant to Section 63123.
(b) Notwithstanding any other provision of this chapter, any contract which is exempt from this chapter pursuant to subdivision (a) shall be filed with the advisory board in the manner prescribed by the director pursuant to Section 63123.
(c) Information obtained by the advisory board pursuant to this chapter shall be maintained in confidence. However, the advisory board may disclose, upon request, whether a particular producer’s processing strawberries are covered by an exempt contract or other arrangement.
(Amended by Stats. 1990, Ch. 361, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63125.

63125. The director shall actively supervise the requirements of this chapter and conduct an annual review of its provisions. The review may include an analysis of written reports from processors which the director is authorized to require, an investigation of industry conditions, an audit of processor records required to be maintained pursuant to this chapter, and any other actions relating to this chapter that are deemed necessary by the director.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63126.

63126. On or before the last day of each year in which a marketing order exclusively affecting processing strawberries is in effect, the director shall prepare and file with the Legislature a written report of the operations of this chapter and shall make recommendations regarding its various provisions. Each report and recommendation shall be based on determinations made by the director as a result of the annual review specified in Section 63125.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63127.

63127. The director shall suspend the requirements of this chapter if he or she determines as a result of the annual review and states in the annual report required in Section 63126 that price filing and posting is not required to prevent unfair trade practices. The suspension shall apply to the year following the determination unless legislation requiring the adoption of a seasonal marketing regulation for price posting is enacted prior to April 1 of that year.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63128.

63128. This chapter does not apply to the acquisition of strawberries for processing by a processor from another processor.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 6 - Marketing of Processing Strawberries › ARTICLE 2 - Marketing Orders › Section 63129.

63129. The director shall amend any existing marketing order exclusively affecting processing strawberries in a manner necessary to conform to this chapter without the necessity of complying with any provisions of Chapter 1 (commencing with Section 58601) of Part 2 including those sections relating to the amendment of a marketing order.
(Added by Stats. 1985, Ch. 18, Sec. 1. Effective March 29, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63901.

63901. The Legislature hereby finds and declares that the agricultural and seafood industries are vitally important elements of the state’s economy and are supported by state established commissions and councils specified in this division that are mandated to enhance and preserve the economic interests of the State of California and are intended to do all of the following:
(a) Implement public policy through their expressive conduct. The programs conducted by these commissions and councils are among the broad range of state-mandated regulatory programs that are funded by the public through user fees assessed in accordance with each person’s relationship to a particular program.
(b) Reflect a continuing commitment by the State of California to its agricultural and seafood industries that are integral to its economy. These industries are a source of substantial employment for the state’s citizens, produce needed tax revenues for the support of state and local government, encourage responsible stewardship of valuable land and marine resources, and produce substantial necessary food and fiber for the state, nation, and world.
(c) Represent a policy of support for persons engaged in the agricultural and seafood industries, which are critically important elements of the state’s economy. These commissions and councils are particularly important for the continued success of California’s unique agricultural and seafood industries which tend to be decentralized with many small entities operating in diverse locations.
(d) Provide benefit to the entire industry and all of the people of this state. The commissions and councils are not enacted, and are not intended to produce measurable benefit, on an individual basis, and their successes should be evaluated by analyzing the extent to which they have improved the overall conditions for the particular commodity subject to the commission’s or council’s jurisdiction with resulting benefit to the overall economy of the state.
(e) Enhance the image of California agricultural and seafood products to increase the overall demand for these commodities. In this fashion, the Legislature intends that the commissions and councils operate primarily for the purpose of creating a more receptive environment for the commodity and for the individual efforts of those persons in the industry, and thereby compliment individual, targeted, and specific activities.
(Amended by Stats. 2001, Ch. 510, Sec. 1. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63901.3.

63901.3. The Legislature further finds and declares that commission and council activities are essential to the goals and interests of the State of California that include, but are not limited to, all of the following:
(a) Research, including, but not limited to, production research, food safety research, marketing research and trends analysis, and research relating to crop protection and production materials.
(b) Elimination of tariff and nontariff trade barriers.
(c) Consumer education relating to the health and other benefits of using and consuming agricultural and seafood products.
(d) Consumer education relating to environmental protection and conservation.
(e) Demand-side regulation that stabilizes the flow of product to market through promotion.
(f) Analysis of the impact of federal, state and foreign regulation.
(g) Cooperative crisis resolution that impacts public health and safety and the continued stability of the industry.
(h) Participation with state and federal agencies in negotiating with other governments relating to market access issues such as phytosanitary issues, shipping protocols, crop protection residues, packaging, labeling, and other issues raised by countries imposing trade barriers on the import of agricultural and seafood products into their markets.
(i) Industry self-regulation to establish and maintain grade, size, and maturity standards and to stabilize the flow of product to market.
(Added by Stats. 2001, Ch. 510, Sec. 2. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63901.4.

63901.4. The Legislature further finds and declares that mandated cooperative efforts engaged in by the commissions and councils have proven to be effective methods to avoid economic waste and maintain stable agricultural markets. These cooperative efforts are intended to work subject to, and together with, the constraints placed on the agricultural industry by state and federal statutes and regulations and international restrictions.
(Added by Stats. 2001, Ch. 510, Sec. 3. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63902.

63902. In addition to any specific provisions regarding grievance procedures, and consistent with the nature of the commissions and councils established pursuant to Part 2 (commencing with Section 64001) and the desire to resolve conflicts in the most timely and cost-effective manner, any person subject to this division shall file a grievance with the appropriate commission or council, and exhaust all administrative remedies prior to the initiation of any litigation based on a claim, express or implied, that the activities undertaken by the commission or council do not directly or materially advance the interests of the State of California as set forth in this part.
(Amended by Stats. 2001, Ch. 510, Sec. 4. Effective January 1, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63903.

63903. In addition to the authority granted to any commission by Part 2 (commencing with Section 64001), those commissions may commence or participate in administrative and civil actions relative to the activities of the commission.
(Added by Stats. 1997, Ch. 726, Sec. 2. Effective January 1, 1998.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63904.

63904. The Legislature finds and declares that the councils and commissions operating pursuant to this division are duly constituted authorities of this state for purposes of subdivision (i) of Section 610 of Title 7 of the United States Code.
(Added by Stats. 1998, Ch. 399, Sec. 2. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63905.

63905. (a) Any commission or council may petition the secretary to adopt and administer any activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) relating to the commodity that is covered by any commission or council. Adoption and administration of the activity by any commission or council shall be in accordance with the act.
(b) Any commission or council may petition the secretary to administer any activity that the commission or council is authorized to engage in, and that is authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21), relating to the commodity that is covered by any commission or council. If the secretary accepts the petition, the commission or council shall reimburse the secretary for his or her actual cost for administering the activity. The secretary may waive referendum under the act if, following a hearing, the secretary determines that there is no substantial question of opposition to doing so among affected assessment payers. Administration of the activity by the secretary shall be in accordance with the act.
(c) As determined by the secretary, the governing body of the commission or council may serve as the advisory board with respect to any activity recommended and approved pursuant to this section.
(d) As used in this section, “substantial question of opposition” means opposition to the substance of the petition among currently affected assessment payers, and is not intended to mean a particular number of assessment payers.
(Amended by Stats. 2006, Ch. 844, Sec. 1. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 1 - LEGISLATIVE DECLARATIONS AND GENERAL PROVISIONS › Section 63906.

63906. (a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council:
(1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
(2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location.
(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.
(b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference.
(c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.
(Added by Stats. 2016, Ch. 451, Sec. 3. (AB 1976) Effective January 1, 2017.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64001.

64001. This chapter shall be known as the Dairy Council of California Law.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64002.

64002. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64003.

64003. “Council” means the Dairy Council of California.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64005.

64005. “Dairy products” includes milk and any derivative of milk that is in natural, processed, or manufactured form, or that constitutes a part of another article, commodity, or product.
(Amended by Stats. 2019, Ch. 304, Sec. 57. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64005.5.

64005.5. “Ex officio member” means a nonvoting member of the council.
(Added by Stats. 2019, Ch. 304, Sec. 58. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64006.

64006. “Fiscal year” means the period from July 1 in any one year to and including June 30th of the following year.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64007.

64007. “Handler” means any person that, as owner, agent, or broker, purchases, or otherwise acquires from a producer or another handler, possession or control of milk, skim milk, or cream, in the form of unprocessed milk, skim milk, or cream, or in any other unprocessed form, for the purpose of processing it, and includes any person who secures custom processing services on an ongoing basis.
(Amended by Stats. 2021, Ch. 371, Sec. 6. (AB 425) Effective January 1, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64010.

64010. “Milk” means the lacteal secretion that is obtained from the udders of cows.
(Amended by Stats. 2019, Ch. 304, Sec. 61. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64010.1.

64010.1. “Class I milk” has the meaning of that term as defined in Section 1051.40 of Title 7 of the Code of Federal Regulations, and includes both pooled and nonpooled milk.
(Amended by Stats. 2019, Ch. 304, Sec. 62. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64010.2.

64010.2. “All other usages” means usages other than class I for milk, including grade B milk received by handlers.
(Amended by Stats. 2019, Ch. 304, Sec. 63. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64012.

64012. “Or” and “and,” may be construed as interchangeable, as the context may require.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64013.

64013. “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization.
(Amended by Stats. 1994, Ch. 1010, Sec. 131. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64014.

64014. “Processing” means separating, standardizing, pasteurizing, sterilizing, evaporating, condensing, canning, bottling, packaging, or otherwise preparing milk to manufacture or produce any dairy product. “Processing” does not, however, include separating by a producer, on the dairy where the milk is produced, and milk separated by a producer on the dairy shall not be deemed to have been processed.
(Amended by Stats. 2019, Ch. 304, Sec. 65. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 22 - MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS › PART 2 - MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS › CHAPTER 1 - The Dairy Council of California Law › ARTICLE 1 - Short Title and Definitions › Section 64015.

64015. “Producer” means any person that produces milk and sells it, or delivers possession or control of it, to a handler, in the form of unprocessed milk or cream, or in any other unprocessed form.
(Amended by Stats. 2019, Ch. 304, Sec. 66. (AB 590) Effective January 1, 2020.)