reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59290.

59290. Upon the filing of the verified petition, the court may issue an order to show cause returnable in five days after service upon the owner why the lot shall not be reconditioned or the deficiencies corrected, or why the lot shall not be diverted to other lawful uses or destroyed.
The owner of the lot may, prior to the date when the order to show cause is returnable, either recondition or correct the deficiencies in the lot so as to bring it into compliance, or may file at or before the hearing on the order an answer with the court stating why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance, or showing why it should not be diverted to other lawful uses or destroyed.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59291.

59291. If at the expiration of the five-day period the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful use, destroyed in the manner which is directed by the court, relabeled, denatured or otherwise processed, sold, or released upon such conditions as the court in its discretion may impose. The lot may not, however, be sold or released into the regular channels of trade.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59292.

59292. In the event of sale of any lot by order of court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court for the account of the owner of any such lot.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 22 - Inspection and Abatement › Section 59293.

59293. Disposal of any lot or portion of any lot pursuant to the provisions of this article, whether such disposal be by arrangement with an enforcement officer or by court order, does not waive any of the penalty provisions of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59502.

59502. 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 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59504.

59504. “Commodity” means any horticultural, viticultural, or vegetable product of the soil, aquacultural, livestock and livestock products, and poultry and poultry products. It does not, however, include milk or milk products.
(Amended by Stats. 1995, Ch. 810, Sec. 23. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59506.

59506. “Distributor” means any person, except a retailer, that acquires and distributes any commodity at wholesale or retail.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59507.

59507. “Handler” means any person that receives any commodity from the producer for the purpose of marketing it.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59508.

59508. “Marketing program” means any program which contains provisions which are authorized by Article 8 (commencing with Section 59801) of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59509.

59509. “Primary channel of trade” means that transaction in which the producer or a cooperative marketing association of producers transfers physical possession of the commodity to another person in the current of commercial trade.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59510.

59510. “Producer” means any person that is engaged in the business of growing or producing any commodity for commercial use.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59511.

59511. “Processor” means any person that buys, or otherwise takes title to or possession of, any commodity for the purpose of processing or manufacturing it or selling, reselling, or redelivering it in dried, canned, extracted, fermented, distilled, or other preserved form. It also includes all of the following:
(a) Any person or exchange that conducts such business.
(b) Any person or exchange that buys any commodity from the producer of the commodity for the purpose of reselling it to any person or exchange that conducts such business.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59512.

59512. “Proration” means the application of allocated quantities or percentages under a uniform rule to the production, or merchantable production, of all producers that are affected, for the purpose of regulating the quantity of any commodity which may be harvested, prepared for market, or marketed in primary channels of trade during any specified period.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59513.

59513. “Proration zone” means any district for which a marketing program is proposed or has been instituted.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 1 - Short Title and Definitions › Section 59514.

59514. “Retailer” means any person that is engaged in the business of making retail sales direct to the general public.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 2 - General Provisions › Section 59541.

59541. The Legislature declares that: The disorderly marketing of commodities in this state; the improper preparation for market; the lack of uniform grade specifications or uniform inspection of commodities; the marketing of commodities in excess of reasonable or normal market demands therefor; or the inability of individual producers to expand existing markets or to develop new or larger markets for California grown commodities tends to prevent agricultural producers from maintaining a proper standard of living or from contributing their fair share to the support of necessary governmental and educational functions and thereby tends to increase unfairly the tax burden of other citizens of this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 2 - General Provisions › Section 59542.

59542. The conditions set forth in Section 59541 vitally concern the health, peace, safety and general welfare of the people of this state. It is declared to be the policy of this state to aid agricultural producers in preventing or correcting adverse marketing conditions, improving existing marketing conditions, expanding existing markets, promoting new or broader markets, developing more orderly or efficient or equitable methods in the marketing of commodities and thereby to aid agricultural producers to achieve and maintain a purchasing power at an equitable and reasonable level.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 2 - General Provisions › Section 59543.

59543. The production and marketing of commodities by producers within this state is declared to be affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
(Enacted By Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 2 - General Provisions › Section 59545.

59545. Any order of the director which makes effective a marketing program, and any other order of the director which substantially affects the rights of any interested party, may be reviewed by any court of competent jurisdiction. Any such action shall be commenced withn 30 days after the effective date of the order which is complained of.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 2 - General Provisions › Section 59546.

59546. If producers of any commodity which is regulated by a marketing program that is issued by the director pursuant to the provisions of this chapter are required to comply with minimum quality, condition, size, or maturity regulations, no person may, except as otherwise provided in such program, process, distribute, or otherwise handle any of such commodity from any source, whether produced within or without this state, which commodity does not meet such minimum requirements which are applicable to producers of the commodity in this state.
Such regulations do not, however, apply to any commodity which has been produced outside of this state and is in transit on the effective date of the regulations.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 3 - Exceptions › Section 59571.

59571. By reason of the climatic and other conditions which relate to the production and marketing of figs for canning purposes, no marketing program pursuant to this chapter shall be established for figs for canning purposes.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 3 - Exceptions › Section 59572.

59572. By reason of the climatic conditions and other factors which relate to the production of grapes in such counties, no marketing program shall be applicable to grapes in Sonoma, Napa, Mendocino, Lake, Santa Clara, Santa Cruz, Alameda, San Benito, Solano, San Luis Obispo, Contra Costa, Monterey, and Marin Counties, or any of them.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59607.

59607. The director may appoint an attorney and shall provide for such other personnel as may be necessary and shall prescribe their duties.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59611.

59611. The director may conduct hearings and investigations to carry out the intent and purposes of this chapter.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59612.

59612. In the conduct of any hearing, inquiry, or investigation, the director may administer oaths, and issue subpoenas for the attendance of witnesses and the production of papers, books, maps, accounts, documents, and testimony in any inquiry, investigation, or hearing which is ordered or undertaken in any part of the state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59614.

59614. The superior court of the county in which any inquiry, investigation, or hearing is held may compel the attendance of witnesses and require the disclosure by the witnesses of all facts known to them, relative to the matters under investigation, and the production of papers, maps, books, accounts, documents, and testimony as required by any subpoenas issued by the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59615.

59615. Any party that disobeys any order or subpoena which is issued pursuant to the authority of the director is guilty of contempt and shall be certified to the superior court of the county in which the contempt occurs, which court shall punish the contempt.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59616.

59616. The director through his duly authorized representatives and agents, including any proration zone agent who is in charge of a marketing program, shall have access, solely for the purposes of investigating possible violations of any marketing program, to the records of every producer, dealer, distributor, public or private property transporatation agency, and handler of a commodity as to which a marketing program has been instituted. He shall have at all times free and unimpeded access to any building, yard, warehouse, store, or transportation facility or other place in which any commodity under a marketing program is kept, stored, handled, or transported. All information which is obtained is confidential and shall not be disclosed unless required in a judicial proceeding.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59617.

59617. In carrying out his duties under this chapter, the director may utilize the facilities and personnel of the state and county departments of agriculture.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59618.

59618. A full and accurate record of business or acts which are performed, or of testimony which is taken pursuant to the provisions of this chapter, shall be kept and be placed on file in the office of the director.
(Amended by Stats. 1969, Ch. 371.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 4 - Administration › Section 59619.

59619. The director may purchase general liability insurance for all marketing programs subject to the provisions of this chapter in an amount he or she determines as necessary. The cost of the insurance shall be paid by the affected marketing programs on a pro rata basis. The insurance policy shall name the director, in his or her official capacity, and all persons, collectively, that are subject to the marketing program as insured parties for claims made against the marketing program in its advisory capacity to the director or against the director regarding the activities of the marketing program. The director, after consultation with the Attorney General, may refer claims to the insurance carrier for appropriate action. In the alternative, the director may require that claims be handled in the manner otherwise specified in this chapter.
(Added by Stats. 1989, Ch. 383, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59641.

59641. Ten or more producers of the variety or kind of commodity which is to be affected may file with the director a petition for the establishment of a proration zone and the institution of a marketing program.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59642.

59642. The petition shall, among other things, contain or be accompanied by all of the following:
(a) A description of the district which comprises the proration zone upon which the proposed marketing program is to be based.
(b) A general statement of facts which sets forth the necessity for instituting a marketing program.
(c) A draft of a proposed marketing program, or a statement of the principal features which are to be included in the proposed marketing program.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59643.

59643. Except as otherwise provided in Section 59654, if, after receiving a petition for the establishment of a proration zone and a proposed marketing program for it, the director determines that such proposed proration zone and proposed marketing program are consistent with the provisions of this chapter, the director shall hold a public hearing at some central point which is located within the area described in the petition and proposed to be established as a proration zone.
If the director determines that the proposed proration zone or proposed marketing program is not consistent with the provisions of this chapter, no hearing need be held.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59645.

59645. Prior to holding a public hearing upon a proposed proration zone and a proposed marketing program, the director:
(a) May require the petitioners to file with the department a good and sufficient undertaking to cover the probable cost of conducting the hearing and instituting a marketing program.
(b) Shall establish a list of producers of the commodity which is affected within the area which comprises the proposed proration zone.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59646.

59646. In establishing the list of producers, the director may issue a notice to handlers which requires them to file with the director a certified report that shows all of the following:
(a) The name and mailing address of the handler.
(b) The quantities of the commodity that is to be affected, which were handled by the handler in the marketing season next preceding the filing of the report, together with a reasonable determination of the quantity so handled which was produced within the proposed boundaries of the proration zone.
(c) The correct name and mailing address of each producer, whose producing operations are located within the proposed proration zone, from whom the handler received the commodity which is to be affected, during the next preceding season.
(d) The quantities of the commodity which were received by the handler from each such producer in the marketing season next preceding the filing of the report.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59647.

59647. The notice to handlers which requires them to file the lists shall be published by the director pursuant to Section 6062 of the Government Code in the capital of the state and in such other localities as the director may require, and shall be mailed to all handlers of the commodity that are directly affected, of record with the department. The lists of producers shall be filed by handlers within 10 days from the last date of publication of the notice.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59648.

59648. In addition, the director may obtain lists of producers that are affected, whenever and in such manner as he may deem necessary or advisable for the purpose of checking, comparing, or correcting such lists. The director shall maintain a current list of producers which is based upon the records of operations under each marketing program. Such producer list shall, subject to any proper corrections, be final and conclusive in making determinations relative to the assent by producers upon a marketing program.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59649.

59649. Any producer that produces the commodity which is affected by any proposed or existing marketing program, whose name does not appear upon the director’s list of producers affected, may have his name established upon such list by filing with the director a signed statement which states that he produced such commodity in the next preceding season and gives the quantity which was produced and the quantity which was delivered into primary channels of trade in such season.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59650.

59650. Notice of the public hearing shall be mailed to a list of producers within the proposed zone at least 10 days prior to such hearing. The list of producers shall be established in accordance with the provisions of Sections 59646, 59647, 59648, and 59649. A notice of such public hearing shall also be given at least 10 days prior to such hearing by publication pursuant to Section 6061 of the Government Code in the area proposed as the proration zone. If the proposed proration zone includes areas that are noncontiguous, the director shall hold a hearing in each.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59651.

59651. At the public hearing, the director shall receive evidence offered by the petitioners in support of the proposed proration zone and the proposed marketing program and evidence from any interested person in support of, or in opposition to, them. All testimony at the hearings shall be under oath.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59652.

59652. The hearings may be adjourned from time to time and from place to place as the circumstances may require. For the purpose of procuring additional evidence, facts, and data, petitioners or opponents shall, upon proper motion, be granted a continuation of any hearing by the director for a period not exceeding five days. A transcript of the proceedings at all such hearings shall be made by the director and shall be open to inspection by any interested party.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59653.

59653. All evidence and exhibits and all facts and data which are used directly or indirectly by the director, or introduced at a hearing shall, within a reasonable time after being used or introduced, be available at the office of the director to all interested parties.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59654.

59654. The director may decline to hold a public hearing upon a proposed proration zone and a proposed marketing program if he determines and is satisfied that a public hearing cannot be held within a reasonable time in advance of the harvesting of, or the beginning of the marketing season for, the commodity, so as to permit the formulation and establishment of an equitable and effective marketing program for the marketing season.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59655.

59655. Before issuing a marketing program for the written assent of producers, which contains provisions for correlating the supply of the commodity which is affected with market demands for it by means of restrictions upon the total quantity of the commodity, or restrictions upon the total quantity of any grade, size, quality, or condition of it, which restrictions have the effect of limiting the total quantity of the commodity which may be marketed during any marketing season and which restricted portion of the commodity might otherwise be marketed by producers in compliance with other laws of this state or of the United States, or in compliance with established commercial practice during the marketing season, the director shall make all of the following findings with respect to the marketing program:
(a) The marketing program will tend to reestablish or maintain such level of prices for the commodity as will provide a purchasing power for the commodity which is adequate to maintain in the business of producing the commodity such number of producers as is required to provide such supply of the quantities and qualities of the commodity as is necessary to fulfill the normal requirements of consumers.
(b) The marketing program will tend to approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for the commodity.
(c) The marketing program conforms with the provisions of this chapter and will tend to effectuate the declared purposes and policies of this chapter.
(d) The marketing program will protect the interest of consumers of the commodity through the exercise of the powers of this chapter only to such an extent as is necessary to establish the level of purchasing power which is described in subdivision (a) of this section.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59656.

59656. In making the findings which are required by Section 59655, the director shall take into consideration all facts which are available to him with respect to all of the following economic factors.
(a) The quantity of the commodity which is available for distribution.
(b) The quantity of the commodity which is normally entered into primary channels of trade.
(c) The necessary costs of producing the commodity as determined by available surveys or other facts.
(d) The purchasing power of consumers as indicated by available reports and indices.
(e) The level of prices of other commodities which compete with, or are utilized as substitutes for, the commodity.
(f) The level of prices of other commodities, services, and articles which producers commonly purchase.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59657.

59657. Before issuing a marketing program for the written assent of producers, which contains provisions for the purpose of regulating the flow of the commodity, or any grade or size of it, to market without restricting the total quantity which may be marketed during the season, or which marketing program provides for the establishment of grade, size, quality, or condition specifications, for uniform grading and inspection, or for advertising and trade promotion, the director shall make all of the following findings with respect to the marketing program:
(a) The marketing program will tend to attain the objectives which are sought by the program.
(b) The marketing program conforms with the provisions of this chapter and will tend to effectuate the declared purposes and policies of this chapter.
(c) The marketing program will protect the interests of consumers in that the powers of this chapter are being exercised only to the extent which is necessary to attain the objectives of the program.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59658.

59658. In making any findings pursuant to Section 59657, the director shall base his findings upon the facts, testimony, and evidence which is received at the public hearing together with any other relevant facts which are available to him from official publications or institutions of recognized standing.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59659.

59659. In addition to either of the applicable findings prescribed by Section 59655 or 59657, the director shall find that the proposed proration zone includes all of the area within this state which is reasonably necessary to carry out and attain the objectives of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 5 - Establishment of Proration Zone › Section 59660.

59660. If, at a public hearing which includes a consideration of the establishment of the boundaries of a proration zone, it appears that the inclusion of territory additional to that which is described in the petition that is being heard is necessary to the proper administration or enforcement of the proposed marketing program, the director shall postpone further proceedings until notice has been given by the director to the producers within the additional territory in the manner which is provided for in Sections 59643, 59644, 59650, 59652, 59653, and 59654. Thereafter, the director may conclude the hearing, and prepare his findings.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 6 - Change of Proration Zone Boundaries › Section 59691.

59691. Any area within the state which is not already included in a proration zone that produces the same kind or variety of a commodity as is produced in a proration zone which is already established pursuant to this chapter, and regulated by a marketing program, may be added or annexed to the established proration zone pursuant to this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 6 - Change of Proration Zone Boundaries › Section 59692.

59692. A petition to change the boundaries of any proration zone may be filed with the director by producers that produce not less than 10 percent of the production of the commodity which is affected that is produced within the boundaries of the proration zone which is established, or within the boundaries of the area which is proposed to be added. The petition may request that the existing marketing program or a proposed marketing program, as amended, be made applicable to the entire area which is included within the proposed changed boundaries of the proration zone. Upon the receipt of such a petition, the director shall hold a public hearing, as provided in Article 5 (commencing with Section 59641) of this chapter, and receive evidence as to whether or not the boundaries of the proration zone as established shall be changed as recommended.
The director shall also, at the hearing, receive evidence with respect to the marketing program which is to be applicable to all of the area within the proposed changed boundaries of the proration zone.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 6 - Change of Proration Zone Boundaries › Section 59693.

59693. After the hearing, findings shall be made and procedures followed which are in accordance with the applicable provisions of Article 5 (commencing with Section 59641) of this chapter. If the findings are positive, a marketing program is issued, and a proration zone with new boundaries is established, the marketing program shall be submitted to producers within the zone for their written assent as prescribed by the applicable provisions and procedures of Article 9 (commencing with Section 59851) of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 6 - Change of Proration Zone Boundaries › Section 59694.

59694. If the marketing program which is submitted is not assented to by producers in sufficient number and by sufficient volume to meet the requirements of Article 9 (commencing with Section 59851) of this chapter, the director shall dismiss the proceedings which were instituted to change or annex the boundaries of the proration zone, and the marketing program in operation at the time the proceedings were instituted shall continue to be effective within the boundaries of the proration zone as constituted prior to the proceedings. The marketing program has the same force and effect as though no proceedings had been instituted pursuant to this article.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59721.

59721. The affairs of each proration zone shall be managed by a marketing program committee which is appointed in accordance with this chapter. The director shall appoint the initial marketing program committee from nominations which are received at the public hearing upon the proposed program. The term of office of the initial marketing program committee shall be for one marketing season. The term of office of subsequent marketing program committees for each marketing program shall be two years or until their successors have been appointed and have qualified. The beginning date of the term of office shall be set forth in the marketing program.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59722.

59722. For terms subsequent to the term of the initial committee, members and their respective alternates shall be selected and appointed in accordance with the following procedure: The director shall divide the proration zone into as many districts as may be necessary for the proper administration of the program, and allot to each district the proper number of producers to be appointed to serve as members and alternate members upon a marketing program committee so as to give as nearly as possible adequate representation to all producers in all such districts. Members and their respective alternate members shall be appointed by the director from lists of producers that are eligible to serve on the marketing program committee. In addition, the director may appoint one public member on each such marketing program committee.
Upon the director’s request, the committee shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the committee. The director may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the director, the committee shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.
(Amended by Stats. 1978, Ch. 188.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59723.

59723. Eligible lists shall be established by the director either by means of a meeting of producers in each district, or by means of mail ballot, or by a combination of meetings and mail ballot. The method to be used shall be determined by the director, except that a mail ballot shall be granted upon a written request of 10 percent of the producers. Each producer is entitled to one vote and voting by proxy is not permitted. From nominations which are made, not less than three eligible persons shall be selected for each member of the committee. Any person that is nominated shall be a producer with producing property which is located within the district for which he is nominated.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59724.

59724. If a corporation or a partnership is a producer, it may designate a representative who may be a nominee.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59725.

59725. Each respective alternate shall be appointed from the same eligible list from which the member is appointed. Each district in the proration zone is entitled to at least one member and one alternate member of the committee.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59726.

59726. The marketing program committee may at any time invite any handler or other person to its meetings to serve in an advisory capacity and may authorize, subject to the approval of the director, the payment of compensation and necessary expenses to any person that is serving in such advisory capacity at rates not to exceed those which are granted to marketing program committee members.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59727.

59727. The director may, if requested by the producer members of the marketing program committee, appoint on the committee, in addition to the producer members, not more than three handler members and their respective alternates who are handlers of the commodity which is affected by the marketing program of the proration zone.
(Amended by Stats. 1967, Ch. 1186.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59728.

59728. If grade, quality, or size regulations are authorized under any marketing program for any commodity which is used for canning, freezing, fermenting, or distilling, and the regulations are not an integral part of a proration plan for the purpose of controlling a surplus condition in the commodity, such grade, quality, or size regulations or interpretations, or modifications of them, shall be approved by a grading committee which is appointed by the director. A grading committee shall consist of the marketing program committee, or a subcommittee, of at least seven members and an equal number of processor representatives that are nominated by the industry which is engaged in the processing of the commodity that is involved. Any action of the grading committee shall be concurred in by a majority of the processor members, a majority of the producer members, and by the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59729.

59729. The members and alternate members of any marketing program committee or grading committee which are duly appointed by the director, including employees of the marketing program committee, are not responsible individually in any way whatsoever to any person for liability on any contract or agreement of the committee.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59730.

59730. Marketing program committee members are entitled to compensation at a rate not exceeding ten dollars ($10) each for each day while engaged on official business. Such compensation shall not, however, be paid for more than five days in any month unless approved by the director. The members shall be reimbursed for their necessary traveling expenses.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59731.

59731. An alternate member of a marketing program committee shall sit as a regular member of the committee if the member for whom he is an alternate fails for any reason to attend any meeting of the committee. He shall be compensated and reimbursed for his necessary traveling expenses in the same manner and to the same extent as a regular member while so serving.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 2 - The Agricultural Producers Marketing Law › ARTICLE 7 - Marketing Program and Grading Committees › Section 59732.

59732. Any vacancy on the marketing program committee which is occasioned by the expiration of term of office shall be filled from eligible lists of producers selected in each district obtained as provided in Sections 59721 to 59729, inclusive. Any vacancy which is occasioned by the death or resignation of any member, or by removal for incompetence, inattention, or neglect of duties as a member of the marketing program committee, by the director, or by a member who ceases to qualify as a producer or handler of the commodity which is concerned, shall be filled from persons who remain on the eligible lists of producers from which the appointments for the current term were made, or from new lists which are obtained as provided in Sections 59721 to 59729, inclusive.
(Amended by Stats. 1967, Ch. 1186.)