reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 2 - Powers of the Director › Section 58036.

58036. The director may act as a mediator or arbitrator, if invited by both parties, in any controversy or issue that may arise between producers and distributors of any product.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 2 - Powers of the Director › Section 58037.

58037. The director may certify, for the protection of owners, buyers, or creditors, if so requested, warehouse receipts for any product, verifying quantities and qualities of the product, and charge for such service, fees which are sufficient to make the service self-supporting.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 2 - Powers of the Director › Section 58038.

58038. The director may issue labels on request of the producer, packer, canner, or distributor, for any product for which labels have not otherwise been authorized by law, pursuant to such regulations as he deems necessary and charge for such labels such fees as in his judgment are proper.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 2 - Powers of the Director › Section 58039.

58039. The director may act on behalf of the consumers of any product in conserving and protecting their interests in every practicable way.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 2 - Powers of the Director › Section 58040.

58040. The director may improve, broaden, and extend in every practicable way, the distribution and sale of any product of this state throughout the markets of the world.
This section shall become operative January 1, 1990.
(Repealed (in Sec. 1) and added by Stats. 1987, Ch. 1480, Sec. 2. Section operative January 1, 1990, by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 2 - Powers of the Director › Section 58041.

58041. The director may promote in the interest of the producer, the distributor, and consumer, economical and efficient distribution and marketing of any product which is produced or processed within the state and to better effectuate the purposes of this article may attend necessary meetings and conferences in relation to any such product and may enter into cooperative agreements with the United States Department of Agriculture.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 2 - Powers of the Director › Section 58042.

58042. The director may enter into any cooperative agreement with any department or agency of the federal government, or with any other state or agency of it, in order to effectuate the purposes of this division, Division 20 (commecing with Section 54001), or of any marketing law, including any marketing order, marketing program, regulation, or rule and regulation, which is issued under it, the responsibility for the administration and enforcement of which is with the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 3 - Investigations › Section 58061.

58061. The director may conduct investigations, make surveys, and assemble facts which are pertinent to marketing and to the formulation, administration, or amendment of any marketing order, agreement, or program which is authorized by any law now in effect or which may hereafter be enacted.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 3 - Investigations › Section 58062.

58062. The director may make pertinent investigations which concern the aggregate amount of any product which is held in common or cold storage. In connection with any such investigation, the director may inspect only the pertinent books and records of common or cold storage warehouses for the purpose of determining and publishing aggregate amounts of any product which is held in storage, and may issue subpoenas for the attendance of witnesses and the production of pertinent books, papers, accounts, documents, and testimony in any such investigation.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 4 - Collection and Dissemination of Information › Section 58091.

58091. The director shall provide for the collection, analysis, and dissemination of statistics and other information which relates to the production and marketing of farm products, including processed farm products, which are produced in this state, such as, but not limited to, crop and livestock estimating and market news services.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 4 - Collection and Dissemination of Information › Section 58092.

58092. The director may establish such facilities and publish such bulletins and reports as are necessary and proper in keeping producers and handlers informed with regard to the supply, demand, and other economic conditions which affect the sale of any farm product which is produced in this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - State Marketing Services › ARTICLE 4 - Collection and Dissemination of Information › Section 58093.

58093. The director shall cooperate with the Secretary of Agriculture, and with the appropriate office of the State of Oregon, to establish a market news service in the Klamath Basin.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Cooperative Agreements › ARTICLE 1 - General Provisions › Section 58201.

58201. It is the policy of this state to gain maximum benefits in behalf of agriculture from the results of research and service work performed by local, state, and federal governments through coordination and correlation of such activities.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Cooperative Agreements › ARTICLE 1 - General Provisions › Section 58202.

58202. Since the Congress of the United States has recognized the value of marketing research, developmental, and service work through the enactment of agricultural marketing laws, including Public Law 733 (60 Stat. 966), and since Title II thereof embodies features of a nature akin to agricultural and regulatory service functions performed by the department, and inasmuch as financial cooperation in those phases of the marketing field is provided in Title II, it is hereby declared to be the purpose of this chapter to make possible a furtherance of intergovernmental cooperation in such marketing activities as will accrue advantageously to the agricultural industry of the state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Cooperative Agreements › ARTICLE 1 - General Provisions › Section 58203.

58203. The department is the proper state agency for such intergovernmental cooperation in those regulatory and service features contemplated by Public Law 733 (60 Stat. 966) and in relation to such other federal laws as may relate to the same and comparable activities.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Cooperative Agreements › ARTICLE 2 - Powers of the Director › Section 58231.

58231. The director may enter into cooperative agreements with the Secretary of Agriculture or the Administrator, Agricultural Marketing Act of 1946 (7 U.S.C. , Sec. 1621 et seq.), or both, to develop projects or programs which are designed to improve, expand, and correlate the work of both agencies in any of the following:
(a) Federal-state cooperative crop reporting.
(b) Federal-state cooperative market news services.
(c) Seed and crop improvement.
(d) Agricultural products certification.
(e) Marketing orders and programs.
(f) Milk and milk products stabilization.
(g) Market enforcement.
(h) Agricultural trade.
(i) Agricultural commodities, grades, and standards.
(j) Prepackaging of, and special containers for, shipment of any farm product.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Cooperative Agreements › ARTICLE 2 - Powers of the Director › Section 58232.

58232. The director may also enter into agreements with federal administrative committees established by the Secretary of Agriculture of the United States pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937 (50 Stat. 246), with advisory boards and program committees which are established by the director pursuant to Chapters 1 (commencing with Section 58601) and 2 (commencing with Section 59501), Part 2 of this division, with producers’ cooperative marketing associations and other producer or handler organizations to assist financially or otherwise in the development of such projects or programs and in putting the results of such projects or programs into operation within this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Void Contracts and Restraint of Trade › ARTICLE 1 - Void Contracts › Section 58351.

58351. Any contract which is made for the purpose of injuring competitors and destroying competition under which the seller of any agricultural product agrees to pay or allow any brokerage charge, rebate, discount, or other credit, except an allowance for variation in quality, condition, or quantity, or any other form of compensation or credit by a seller to a buyer, or to an agent, employee, subsidiary, or affiliate of a buyer that buys to sell at retail and which is not paid, given, or allowed in like circumstances to all other buyers or to the agents, employees, subsidiaries or affiliates of other buyers, whether the same is paid or allowed directly or indirectly, is hereby declared to be against public policy and void.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Void Contracts and Restraint of Trade › ARTICLE 1 - Void Contracts › Section 58352.

58352. Advertising allotments or discounts by a seller to a buyer for bona fide advertising expenditures, however, are not included within such transactions which are against public policy and void.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Void Contracts and Restraint of Trade › ARTICLE 1 - Void Contracts › Section 58353.

58353. It is a misdemeanor for any person to take any part in any transaction which is declared by this article to be against public policy and void whether as seller, buyer, buyer’s agent, employee, or subsidiary.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Void Contracts and Restraint of Trade › ARTICLE 2 - Destruction of Foodstuffs in Restraint of Trade › Section 58381.

58381. It is unlawful for any person to destroy, in restraint of trade, any fowl, animal, vegetable, aquacultural product, or other stuff, product, or article which is customary food, or which is proper for food, for human beings, and is in fit sanitary condition to be used as such.
(Amended by Stats. 1995, Ch. 810, Sec. 20. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Void Contracts and Restraint of Trade › ARTICLE 2 - Destruction of Foodstuffs in Restraint of Trade › Section 58382.

58382. A person that receives any agricultural product, for sale on commission or for sale or exchange for the benefit of any other person, shall not destroy, abandon, discard as refuse, or dump, such product, without a permit in writing from the commissioner, county health officer, director, State Director of Health Services, or from some other official now or hereafter authorized by law to issue permits for the destruction of such product. Such permits, together with a detailed statement of every product which is destroyed pursuant to the permit, shall be kept on file by the person to whom they are issued.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Void Contracts and Restraint of Trade › ARTICLE 2 - Destruction of Foodstuffs in Restraint of Trade › Section 58383.

58383. A copy of each such permit together with a copy of each such detailed statement shall, on the day such permit is issued, be served personally by the consignee, upon the consignor of the destroyed product, or in lieu of such personal service, shall on such day be served by the consignee on the consignor by depositing it in the post office, inclosed in a sealed envelope, postage fully prepaid, addressed to the consignor of the destroyed product at the consignor’s address, if known, or if not known, then to the place where the shipment or consignment of such product originated.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Assignment of Dues › Section 58451.

58451. If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of farm products, either as a clause in a sales contract or other instrument in writing, a notice of assignment of dues to a nonprofit agricultural commodity organization directly representing the specific product involved, by which the processor or dealer is directed to deduct a sum from the price to be paid for such product and to pay the same over to such association as dues for the grower or producer, the processor or dealer shall deduct from the price to be paid for any farm product being sold by any such grower or producer to any such processor or dealer, the amount authorized and pay it over to the organization as assignee.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Assignment of Dues › Section 58452.

58452. No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in Section 58451 ineffective is valid.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Assignment of Dues › Section 58453.

58453. An assignment of dues may not exceed 2 percent of the total value of the product which is delivered by the grower or producer to the dealer or processor.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Assignment of Dues › Section 58454.

58454. Payment need not be made under any assignment of dues pursuant to Section 58451 until the dealer or processor has available and under his control funds owing to the grower or producer that are sufficient in amount for making the payment of the dues involved. In the case of an annual product, such payment need not be made until the end of the product year.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58501.

58501. For purposes of this chapter:
(a) “Agricultural product” means any fowl, animal, vegetable, or other stuff, product, or article which is customary food, or which is proper for food for human beings.
(b) “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated agricultural products to nonprofit charitable organizations and individuals for the purpose of reducing hunger and nutritional needs.
(c) “Nonprofit charitable organization” means any organization which was organized and is operating for charitable purposes and meets the requirements set forth in Section 214 of the Revenue and Taxation Code.
(Amended by Stats. 1984, Ch. 1453, Sec. 3. Effective September 26, 1984.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58502.

58502. (a) A person or gleaner engaged in the business of processing, distributing, or selling an agricultural product may donate, free of charge, a product that is in a condition that it may be used as food for human consumption to a nonprofit charitable organization within the state. Food facilities may donate food directly to end recipients for consumption. The donation of nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act. The donation of perishable food that is fit for human consumption, but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.
(b) To assist in accomplishing the purposes of this section, the director may divert agricultural products to organizations operating pursuant to this chapter.
(Amended by Stats. 2017, Ch. 619, Sec. 4. (AB 1219) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58503.

58503. To assist in accomplishing the purposes of Section 58502, the board of supervisors of any county may establish, and publicize the availability of, a surplus food collection and distribution system, consisting of an inventory of storage facilities and refrigeration equipment that are available in the county for such purposes and a 24-hour information and food collection center for receiving and transmitting information as to where agricultural products are available or what organization desires or needs donated agricultural products, and for collecting, receiving, handling, storing, and distributing donated agricultural products. Any nonprofit charitable organization regularly needing agricultural products in its operations may be listed with such center for the purpose of being notified whenever such products are available.
(Added by Stats. 1977, Ch. 977.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58503.1.

58503.1. In order to qualify as a food bank, an organization shall meet all of the following minimum standards:
(a) It shall have access to storage facilities and refrigeration equipment for the purpose of collecting, receiving, handling, storing, and distributing donated agricultural products.
(b) It shall be incorporated as a nonprofit tax exempt organization and be eligible as a charitable organization under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code or shall be affiliated with such an organization.
(c) It shall maintain records for the proper control of inventory.
(d) It shall demonstrate the availability of adequate liability insurance to cover the activities conducted pursuant to this chapter.
(e) It shall show local support through funding sources, letters of endorsement, and a board of directors reflective of the community and population to be served.
(Amended by Stats. 2009, Ch. 500, Sec. 46. (AB 1059) Effective January 1, 2010.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58503.2.

58503.2. To assist in accomplishing the purposes of this chapter and to maximize use of state surplus equipment, the Director of General Services may assist a food bank by locating and providing available state surplus buildings or equipment necessary for the operation of a food bank.
(Added by Stats. 1984, Ch. 1453, Sec. 7. Effective September 26, 1984.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58503.3.

58503.3. Nothing in this chapter restricts or limits the operation of any other nonprofit organizations which are engaged in the distribution of agricultural products to nonprofit charitable organizations.
(Added by Stats. 1984, Ch. 1453, Sec. 8. Effective September 26, 1984.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58503.4.

58503.4. Programs operated in accordance with this chapter shall complement, and not in any way lessen, assistance to families and individuals pursuant to the Food Stamp Act of 1977 (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code).
(Amended by Stats. 1985, Ch. 106, Sec. 43.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58504.

58504. The board of supervisors may provide for the inspection of such products by the county health officer, upon request of the donee, prior to delivery by the donor to determine whether such products may be used as food for human beings.
(Added by Stats. 1977, Ch. 977.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58505.

58505. Except for any injury resulting from gross negligence or willful act, no county or agency of a county established pursuant to this chapter and no person who donates any agricultural product shall be liable for any injury, including, but not limited to, injury resulting from the ingesting of such agricultural product, as a result of any act, or the omission of any act, in connection with donating any product pursuant to this chapter.
(Added by Stats. 1977, Ch. 977.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58507.

58507. (a) Any nonprofit charitable organization, that receives any agricultural product pursuant to this chapter, shall not sell or offer to sell any such agricultural product nor move or transfer such product out of the state, provided that any product that does not comply with the requirements of Division 17 (commencing with Section 42501) which is received by a charitable organization situated in this state may be shipped out of the state by such organization in accordance with regulations of the director to assure compliance with the purposes of this chapter.
This subdivision does not apply to agricultural products which comply with all maturity, quality, size, standard pack, container and labeling requirements of Division 17 (commencing with Section 42501).
(b) No person and no employee of a public agency shall sell, offer for sale, use, or consume any agricultural product donated or distributed pursuant to this chapter, except the recipient of an agricultural product provided as charitable assistance by a nonprofit charitable organization who shall use or consume the agricultural product provided.
(c) Any violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000).
(Added by Stats. 1977, Ch. 977.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58508.

58508. In operating an information and food collection center pursuant to this chapter, the board of supervisors shall provide for the screening of donees to assure that agricultural products which are distributed at public expense are not donated to organizations that are capable of purchasing them.
(Added by Stats. 1977, Ch. 977.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Donation of Food › Section 58509.

58509. (a) The Secretary of Food and Agriculture shall consult with four food bank representatives, two from the northern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two from the southern portion of the state, all of whom have been active members of a nationwide network of food banks for a minimum of two years immediately prior to appointment, and two food industry representatives, one wholesaler and one manufacturer, all of whom shall be selected by the Governor and referred to as the Food Bank Advisory Committee.
(b) Members of the committee who are not state employees shall be paid per diem for their actual expenses in attending committee meetings.
(c) The committee shall do all of the following:
(1) Advise the Department of Food and Agriculture in the establishment of new food banks.
(2) Advise in the adequate and efficient distribution of surplus food commodities to all areas of the state.
(Amended by Stats. 2013, Ch. 352, Sec. 101. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58551.

58551. This act shall be known and may be cited as the N. Waters-Nielsen-Vuich-Berryhill Foreign Market Development Export Incentive Program for California Agriculture Act.
(Amended by Stats. 1987, Ch. 1480, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58552.

58552. (a) The Legislature finds and declares that it is the policy of this state to actively encourage and promote the sale of agricultural products of California in foreign markets and to assist farmers, processors, distributors, and exporters in meeting world market needs.
(b) The Legislature further finds and declares, as being consistent with the Thurman Agricultural Policy Act (Chapter 6 (commencing with Section 801) of Part 1 of Division 1), both of the following:
(1) The harvest from approximately one out of every four acres of California cropland is now sold in foreign markets, thus the state’s agricultural economy is dependent upon international trade.
(2) It is in the public’s best interest to assist California agriculture in market development for agricultural products, and to expand world trade in these products to maximize growth in the state’s economy.
(Amended by Stats. 1988, Ch. 614, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58553.5.

58553.5. “Advisory committee” means the State Board of Food and Agriculture.
(Added by Stats. 2002, Ch. 982, Sec. 3. Effective September 27, 2002.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58554.

58554. “Agricultural commodities” means the products of California farms and ranches and items processed from these products, and includes forest products, aquacultural products, and fish and fish products produced in California and livestock fed in feedlots located in California.
(Amended by Stats. 1995, Ch. 810, Sec. 21. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58555.

58555. “Constraint” means a condition in a particular country or region which needs to be addressed in order to develop, expand, or maintain agricultural commodity exports.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58556.

58556. “Cooperator” means a private or nonprofit agricultural marketing organization; a nonprofit trade association, whose members market agricultural commodities, which has demonstrated expertise in the promotion of agricultural commodities that will coordinate a foreign market development program for its members; a federal marketing order board for California produced agricultural commodities; or a state marketing order board or commission organized pursuant to this code operating in California which is actively engaged in the marketing of agricultural commodities and has entered into a project agreement with the department to contribute cash, goods, or services to a foreign market development program.
(Amended by Stats. 1987, Ch. 155, Sec. 1. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58557.

58557. “Marketing” means the advertising, sale, and distribution of agricultural commodities, including private brands and trade names, in foreign markets.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58558.

58558. “Marketing plan” means the primary annual document prepared by cooperators and approved by the director which defines activities and budgets addressing constraints and the marketing of agricultural commodities.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58559.

58559. “Project agreement” means a contract between the department and a cooperator under which the cooperator agrees to conduct activities that both address constraints and encourage the development or maintenance of agricultural commodity export sales.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58560.

58560. “State funds” means the funds made available by the department under a project agreement.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58561.

58561. “Third party cooperator” means a foreign government or private organization which has entered into an agreement with a cooperator to join in the marketing of agricultural commodities.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58562.

58562. “Cooperator contributions” means contributions of money, personnel, materials, facilities, services, or supplies, expressed in terms of United States dollar value, that are furnished by the cooperator and any third party cooperator to help carry out the terms of a project agreement. Funds, services, or personnel provided by any state or federal agency, except funds from a state marketing order board, including those funds allocated to carry out commodity transportation offset programs, agricultural commission organized pursuant to this code, or a federal marketing order board for California-produc ed commodities, cannot be counted as a contribution.
(Amended by Stats. 1990, Ch. 100, Sec. 2. Effective May 18, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58563.

58563. The department shall adopt regulations, including criteria to establish what constitutes cooperator contributions, necessary to effectuate this chapter. Whenever applicable, the regulations shall be consistent with similar regulations adopted by the Foreign Agriculture Service of the United States Department of Agriculture.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58564.

58564. The department shall, as one of its functions, provide assistance to persons from foreign countries who desire to purchase agricultural products produced in this state. That assistance shall include advice on establishing business contacts that will meet the needs of the prospective purchaser.
(Added by Stats. 1988, Ch. 614, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 1 - General Provisions › Section 58565.

58565. The department shall direct a portion of any additional funding, in excess of the original appropriation for purposes of this act, to be used for all of the following purposes:
(a) To conduct agricultural market research, including trends in California agricultural industry and trends in foreign agricultural markets. The agricultural market research shall be utilized to determine viable opportunities to export California agricultural products successfully to foreign markets.
(b) To conduct personnel training, including the training of California foreign trade office personnel.
(c) To perform existing duties of the department under this chapter.
(Added by Stats. 1998, Ch. 574, Sec. 1. Effective January 1, 1999.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58571.

58571. (a) Project agreements may be entered into between the department and cooperators in order to address constraints and encourage the marketing of agricultural commodities in foreign countries. A project agreement may be limited to activities in one country, or may include activities in several countries. Project agreements shall include, but are not limited to, all of the following:
(1) A description of the commodity, or commodities, for which a project agreement is being requested and a statement that California export availabilities are expected to be adequate during the life of the project.
(2) A description of the applicant organization or firm.
(3) A justification for participation in the foreign market development program.
(4) A statement of proposed activities, including specific information on the activities to be conducted, the countries in which they will be undertaken, who will conduct or supervise them, and the expected results.
(5) An estimate of the level of project funds required and an indication of the availability of industry resources to match project funds and personnel needed to carry out the proposed program.
(b) Cooperator activities shall be described and budgeted in a marketing plan which becomes part of the project agreement. The marketing plan shall be separately submitted to the director who may approve or disapprove it. The marketing plan shall be reviewed annually at which time it may be revised by the cooperator or the department, or by both.
(c) The marketing plan shall include all of the following:
(1) The proposed expenditure of state funds and cooperator contributions.
(2) Information on how much funding has been received from the Foreign Agriculture Service in the last five years and if those funds have been requested for the current year.
(3) An identification of the constraints to expanding or maintaining California exports to each market area addressed by the plan.
(4) A description of the proposed activities and the amount of funds, both state and cooperator, to be spent to overcome or mitigate the constraints for the commodity, or commodities, and the country, or countries, covered by the plan.
(5) A report, if available, from local attachés or the counselors regarding potential marketing activities in their countries.
(d) A project agreement may not go into effect pursuant to this chapter without the director’s approval of both the marketing plan and the agreement itself.
(e) The cooperator shall administer and carry out the project agreement and shall permit the director or other state agencies to oversee and periodically inspect and investigate the administration of the project agreement.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58572.

58572. (a) The director may only approve a project agreement that appears to effectively contribute to the creation, expansion, or maintenance of markets abroad. Primary emphasis shall be on commercial markets. The director shall give preference to project agreements that demonstrate potential for establishing long-term benefits. Special consideration may also be given for any of the following:
(1) Cooperators who are new to the market.
(2) New product promotion.
(3) Cooperators who are unable to obtain federal cooperator status.
(4) Cooperators whose project proposals involve foreign markets not currently authorized pursuant to regulations adopted by the Foreign Agricultural Service.
(b) Approvals and priorities shall be based on the following criteria:
(1)  Potential for creating, maintaining, or increasing consumption and exports of California agricultural commodities to other countries.
(2) Long-range contribution to California agricultural exports.
(3) Ability of the cooperator to provide a competent staff and other resources to ensure adequate development, supervision, and execution of project activities.
(4) Willingness and ability of private organizations to back up promotional activities with aggressive selling and adequate supplies of commodities of the quality desired by foreign buyers.
(5) Competition in the market.
(6) Cultural, political, and economic obstacles which restrict imports of California agricultural commodities into the markets.
(7) An assessment of the project costs compared to the benefits of expanding California agricultural exports.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58573.

58573. Project agreements may promote either a single commodity or a group of related commodities. Activities shall be aimed at increasing both consumer and commercial uses for agricultural commodities. Activities carried out by cooperators fall under the following three categories:
(a) Technical assistance, which includes activities to address technical problems related to trade impediments and to the sale, movement, processing, marketing, or utilization of agricultural commodities.
(b) Market development activities, which include activities involving foreign traders, importers, wholesalers, retailers, and foreign government officials who import, distribute, and market agricultural commodities.
(c) Consumer promotion activities, which include activities to influence consumers by changing attitudes toward, or making them aware of the advantages of utilizing, California agricultural products.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58574.

58574. (a) State funds may be used to pay costs which are essential to, and clearly identifiable with, the carrying out of the activities specified in the marketing plan approved by the director.
(b) The director shall adopt regulations similar to those developed by the Foreign Agriculture Service of the United States Department of Agriculture to proscribe the unauthorized use of state funds pursuant to this chapter.
(c) Not more than five hundred thousand dollars ($500,000) shall be annually appropriated for this program’s state administrative costs, as specified in the annual Budget Act. The funds appropriated for administrative costs pursuant to this subdivision shall be derived from the redistribution of the total amount of funds that are appropriated in the annual Budget Act by the Legislature to carry out this chapter.
(d) Not more than 15 percent of the funds annually appropriated for this program shall be used for any one project agreement in any one year unless the director approves a higher level upon concurrence of a majority vote of the advisory committee authorized pursuant to Section 58576.
(e) Cooperators shall provide an annual contribution which is equal to or greater than the amount of state funds utilized for each project agreement.
(Amended by Stats. 1990, Ch. 100, Sec. 3. Effective May 18, 1990.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58575.

58575. Activities undertaken pursuant to this chapter shall be supplemental to, and not a substitute for, any market development activities undertaken by the federal government.
(Added by Stats. 1985, Ch. 1189, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58577.

58577. (a) (1) The director, the Director of General Services, and the advisory committee shall take necessary precautions to assure the confidentiality of the information that is contained in proposals for project agreements, market development plans, progress reports, documents in support of claims for funding under a project agreement, and other pertinent information submitted by individual marketing organizations.
(2) This information is exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(b) Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the advisory committee may hold a closed meeting if an applicant requests that the submitted information not be discussed in an open meeting and the committee determines that it is in the best interest of the program to conduct a closed meeting for that purpose.
(Amended by Stats. 2021, Ch. 615, Sec. 130. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58578.

58578. All project agreements entered into pursuant to this chapter, unless exempted in accordance with Section 10351 of the Public Contract Code, shall be submitted to the Director of General Services for approval. The director shall have 15 working days from the date of submittal to review and approve or disapprove.
(Added by Stats. 1986, Ch. 218, Sec. 5. Effective June 30, 1986.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 2 - Project Agreements › Section 58580.

58580. Nothing in this chapter precludes the director from separately funding project proposals coming from private or nonprofit agricultural marketing organizations, state marketing order boards, or commissions which are actively engaged in the marketing of the same commodities.
(Added by Stats. 1986, Ch. 218, Sec. 7. Effective June 30, 1986.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Foreign Marketing › ARTICLE 3 - Funding › Section 58582.

58582. (a) The California Agricultural Export Promotion Account is hereby created in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated to the director to support export promotional and public relations activities conducted generally and pursuant to this chapter.
(b) The account shall consist exclusively of funds received for the purpose of subdivision (a) from private industry sources, marketing order advisory boards established pursuant to Chapter 1 (commencing with Section 58601) of Part 2, and agricultural councils and agricultural commissions established pursuant to Division 22 (commencing with Section 64001).
(c) Funds expended from the account shall be used exclusively for activities which directly benefit the industry sources from which the funds are derived.
(Added by Stats. 1986, Ch. 932, Sec. 4. Effective September 22, 1986.)