reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 7 - Institutional Purchasers of Agricultural Products › Section 58595.

58595. (a) A California state-owned or state-run institution that purchases agricultural food products shall implement necessary practices to achieve a goal of ensuring that at least 60 percent of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025.
(b) Subdivision (a) does not apply to segments of public postsecondary education or local educational agencies.
(c) A local educational agency that solicits bids for the purchase of an agricultural food product shall accept a bid or price for that agricultural food product when it is grown in California before accepting a bid or price for a domestic agricultural food product that is grown outside the state, when both of the following are met:
(1) The bid or price of the California-grown agricultural food product does not exceed the lowest bid or price for a domestic agricultural food product produced outside the state.
(2) The quality of the California-grown agricultural food product is comparable to that domestic agricultural food product produced outside the state.
(d) This section shall neither limit nor expand California’s obligations under the Agreement on Government Procurement of the World Trade Organization.
(e) For purposes of this section, the following definitions apply:
(1) “Agricultural food product” means any fresh or processed food product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, livestock meats, poultry meats, rabbit meats, and fish, including shellfish.
(2) “Local educational agency” has the same meaning as defined in Section 49557.5 of the Education Code.
(3) “Segment of public postsecondary education” means a segment of public higher education described in Section 66010 of the Education Code.
(Amended by Stats. 2022, Ch. 576, Sec. 2. (AB 778) Effective January 1, 2023.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 8 - The Buy American Food Act › Section 58596.1.

58596.1. This chapter shall be known, and may be cited, as the Buy American Food Act.
(Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 8 - The Buy American Food Act › Section 58596.2.

58596.2. For purposes of this chapter, the following definitions apply:
(a) “Agricultural food product” means a fresh or processed product, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, grains, livestock meats, poultry meats, and fish, including shellfish.
(b) “Domestic” means inside of the United States.
(c) “Local educational agency” has the same meaning as defined in Section 49557.5 of the Education Code.
(d) “Nondomestic” means outside of the United States.
(e) “Public institution” means any state, city, or county agency, including a public postsecondary educational institution and a local educational agency as defined by this section.
(f) “Public postsecondary educational institution” means the California Community Colleges and the California State University, but not the University of California.
(Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 8 - The Buy American Food Act › Section 58596.3.

58596.3. (a) A public institution that receives federal meal reimbursement funding to provide prepared meals and that solicits bids for the purchase of an agricultural food product shall include in their solicitation for bids and contracts that only the purchase of agricultural food products grown, packed, or processed domestically is authorized, unless any of the following applies:
(1) The bid or price of the nondomestic agricultural food product is more than 25 percent lower than the bid or price of the domestic agricultural food product.
(2) The quality of the domestic agricultural food product is inferior to the quality of the agricultural food product grown, packed, or produced nondomestically.
(3) The agricultural food product is not produced or manufactured domestically in sufficient and reasonably available quantities of a satisfactory quality to meet the needs of the public institution.
(b) Subdivision (a) shall not apply to any of the following:
(1) The Child and Adult Care Food Program.
(2) The Summer Food Service Program.
(3) The Department of Corrections and Rehabilitation.
(c) Subdivision (a) shall not apply to agricultural food products purchased by or provided to a public institution through the United States Department of Agriculture.
(d) (1) A public institution subject to this section shall retain documentation relating to bids or contracts for, and for the purchase of, agricultural food products for three years from the date of purchase.
(2) The documentation required to be retained pursuant to paragraph (1) shall be made available to the public upon request during the applicable three-year period. The requirement of this paragraph may be satisfied by providing documentation that may include, but is not limited to, vendor invoices or contract specifications requiring that vendors meet the requirements of this section.
(e) If a vendor substitutes an agricultural food product without notice or because a product is not available, the public institution shall not be in violation of this section.
(f) This section shall neither limit nor expand California’s obligations under the Agreement on Government Procurement of the World Trade Organization.
(g) Local educational agencies with an annual federal meal reimbursement of less than one million dollars ($1,000,000) are exempt from this section.
(h) (1) This section shall become operative on January 1, 2024.
(2) If an existing contract is in place between a public institution and a food supplier on January 1, 2024, this section shall apply to that public institution upon the next successive contract.
(Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Operative January 1, 2024, by its own provisions. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 8 - The Buy American Food Act › Section 58596.4.

58596.4. (a) To monitor price gouging, any local educational agency participating in a federal school lunch or school meal program subject to subdivision (a) of Section 58596.3 may report to the State Department of Education any increases in the prices of agricultural food products that exceeds 25 percent of the previous year’s prices and is encouraged to retain documentation to support the complaint. Documentation may include, but is not limited to, an invoice, receipt, or bill of sale.
(b) The State Department of Education shall annually post on its internet website the aggregate information on reports received from local educational agencies pursuant to subdivision (a) on price increases.
(c) The State Department of Education shall add a question to the administrative review required pursuant to Section 210.18 of Title 7 of the Code of Federal Regulations (7 C.F.R. 210.18) regarding any increases of the price of agricultural food products and the annual costs associated with implementing Section 58596.3.
(Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 58596.5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 1 - GENERAL PROVISIONS › CHAPTER 8 - The Buy American Food Act › Section 58596.5.

58596.5. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Added by Stats. 2022, Ch. 602, Sec. 2. (SB 490) Effective January 1, 2023. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 8, commencing with Section 58596.1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58601.

58601. This chapter shall be known as “The California Marketing Act of 1937.”
(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 1 - Short Title and Definitions › Section 58602.

58602. 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 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58603.

58603. “Administrative rules and regulations” means rules and regulations that are applicable to a particular marketing order or agreement which are issued and made effective by the director pursuant to Article 18 (commencing with Section 59161) of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58604.

58604. “Advertising and sales promotion” means, in addition to its ordinarily accepted meaning, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the free flow of any commodity to market and may include the presentation of facts to, and negotiations with, state, federal, or foreign governmental agencies on matters which affect the marketing of any commodity that is included in any marketing order or marketing agreement which is made effective pursuant to the 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 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58604.5.

58604.5. “Advertising and sales promotion” also means, in addition to its ordinary accepted meaning, activities for the modification or removal of trade barriers that restrict the free flow of a commodity to market, including negotiation with federal and foreign governments, and the allowance of reimbursement payments to offset commodity transportation or other costs to selected domestic and foreign markets.
Domestic f.o.b. selling price shall not be used as a factor in determining qualifications for reimbursement payments unless the director determines that there is no feasible alternative for establishing these qualifications.
(Amended by Stats. 1990, Ch. 312, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58605.

58605. “Commodity,” except as otherwise provided in Section 58747, means any agricultural, aquacultural, horticultural (including floricultural), vermicultural, viticultural (including wine) or vegetable product which is produced in this state, any fish or seafood, or any class, variety, or utilization of that product, either in its natural state or as processed by a processor or as processed by a producer for the purpose of marketing that product. It includes bees, honey, and milk as defined in Section 32511. It does not, however, include timber or any timber product.
The Legislature hereby declares that the addition of the phrase “(including wine)” in this section is made for the purpose of clarification only and shall not be construed or interpreted as an indication that wine is not a commodity as originally defined by Chapter 404, Statutes of 1937, and as heretofore amended. The Legislature further declares that at the time of the original enactment of the definition of the term “commodity” and at all times since, it intended that wine be, and wine was, included within the definition of the term. Every marketing order issued, signed, or declared effective prior to July 15, 1941, and every act of the director prior to such date which was performed pursuant to the provisions of this chapter and consistent with the declarations which are contained in this paragraph are hereby confirmed, ratified, and validated.
(Amended by Stats. 1995, Ch. 810, Sec. 22. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58606.

58606. “Directly affecting” or “directly affected” is synonymous with “directly regulating” and “directly regulated,” and means the direct application of regulations upon any person, including the requirement to pay assessments which are levied pursuant to any marketing order or marketing agreement which is issued by the director pursuant to this chapter. A requirement upon handlers to deduct and remit to the director assessments that are owed by producers under a marketing order or marketing agreement which is applicable upon producers only, does not, however, directly regulate such handlers.
(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 1 - Short Title and Definitions › Section 58607.

58607. “Distributing” means engaging in the business of a distributor as defined in Section 58608.
(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 1 - Short Title and Definitions › Section 58608.

58608. “Distributor” means any person that engages in the operation of selling, marketing, or distributing, in intrastate commerce any commodity which he has produced or purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. It does not, however, include a retailer, except a retailer that purchases or acquires from, or handles on behalf of any producer, any commodity which was not previously subjected to regulation by the marketing order which covers such commodity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58608.1.

58608.1. “Educational program,” unless otherwise defined in this chapter, means a program established by the director pursuant to this chapter that provides for the planning and implementation of activities designed to inform the general public of the processes of producing agricultural commodities and designed to foster cooperation and understanding between urban and rural sectors of society.
(Added by Stats. 1991, Ch. 385, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58609.

58609. “Fish” means every form of fish, either salt water or fresh water fish, which is used for human consumption, except fish for canning, retorting, reduction, or use in an extraction process.
(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 1 - Short Title and Definitions › Section 58610.

58610. “General rules and regulations” means rules and regulations, which are applicable to all marketing orders and marketing agreements and are issued and made effective by the director without prior notice and public hearing, to provide uniform methods and procedures to facilitate the administration and enforcement of all such marketing orders and marketing agreements. Such uniform methods and procedures may include but shall not be limited to any of the following:
(a) Methods and procedures which pertain to the receiving, depositing, and expenditure of moneys which are received from assessments collected pursuant to this chapter.
(b) The preparation, handling, and payment of claim schedules for the payment of bills, salaries, and other obligations.
(c) Establishing the maximum rates to be allowed for travel expenses of board members and board employees.
(d) The preparation, verification, and filing of evidence which relates to violations of marketing orders, agreements, and marketing regulations which are authorized pursuant to this chapter and other fiscal and administrative activities which the director finds are necessary to obtain reasonable uniformity, efficiency, and economy in the administration and enforcement of such marketing orders and agreements of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58611.

58611. “Handler,” except with respect to fish and seafood, means any person that is engaged within this state as a distributor in the business of distributing any commodity in intrastate commerce, or any person that is engaged as a processor in the business of processing any commodity. With respect to fish and seafood, it means any person that is engaged in the business of the distribution or sale of fish or seafood to restaurants, or to retailers for resale to consumers, or to any other persons or concerns for resale or for sale direct to consumers.
(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 1 - Short Title and Definitions › Section 58612.

58612. “Handling” means engaging in the business of a handler as defined in Section 58611.
(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 1 - Short Title and Definitions › Section 58613.

58613. “Major amendments” mean amendments to any marketing order or agreement which are made pursuant to Article 13 (commencing with Section 59021) of this chapter. It does not include a seasonal marketing regulation.
(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 1 - Short Title and Definitions › Section 58614.

58614. “Marketed by producers” means producer marketing, as defined by Section 58621.
(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 1 - Short Title and Definitions › Section 58615.

58615. “Marketing order” means an order which is issued by the director, pursuant to this chapter, which prescribes rules and regulations that govern the processing, distributing, or handling in any manner of any commodity within this state 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 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58616.

58616. “Minor amendments” are amendments to any marketing order or agreement which are made effective by the director upon recommendation of the advisory board which is concerned, as specified in Article 14 (commencing with Section 59051) of this chapter, with or without prior notice and public hearing, which change or modify the language or the provisions of any such marketing order or agreement for the purpose of clarification, or the removal of conflicts of meaning without involving changes or modifications of language, or provisions which are classed as major amendments.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58617.

58617. “Person” means an individual, firm, corporation, association, or any other business unit, and, for the purposes of this chapter, includes any state agency which engages in any of the commercial activities which are regulated pursuant to the 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 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58618.

58618. “Processing” means engaging in the business of a processor as defined in Section 58619.
(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 1 - Short Title and Definitions › Section 58619.

58619. “Processor” means any person that is engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of any commodity for the purpose of preparing it for market or of marketing such commodity, or any other activities which are performed for the purpose of preparing it for market or of marketing such commodity. It does not, however, include a person that is engaged in manufacturing from any commodity, so changed in form, another and different product.
(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 1 - Short Title and Definitions › Section 58620.

58620. “Producer” means any person that is engaged within this state in the business of producing, or causing to be produced for market, any commodity.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 1 - Short Title and Definitions › Section 58621.

58621. “Producer marketing” means any or all operations which are performed by any producer in preparing for market. It includes selling, delivering, or disposing of for commercial purposes, to any handler any commodity which the producer has produced.
(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 1 - Short Title and Definitions › Section 58622.

58622. “Retailer” means any person that purchases or acquires any commodity for resale at retail to the general public for consumption off the premises. Such person is also included within the definition of distributor, to the extent that such person engages in the business of a distributor as defined in Section 58607.
(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 1 - Short Title and Definitions › Section 58623.

58623. “Seafood” means shellfish and every other form of animal or plant life which is taken from fresh or salt water and used for human consumption, except seafood which is used for canning, retorting, reduction, or used in an extraction process.
(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 1 - Short Title and Definitions › Section 58624.

58624. “Seasonal marketing regulations” mean marketing regulations that are applicable to a particular marketing order or agreement which are made effective by the director pursuant to Article 19 (commencing with Section 59171) of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 2 - General Provisions › Section 58651.

58651. It is hereby declared that the marketing of commodities in this state in excess of reasonable and normal market demands therefor; disorderly marketing of such commodities; improper preparation for market and lack of uniform grading and classification of commodities; unfair methods of competition in the marketing of commodities; and the inability of individual producers to maintain present markets or to develop new or larger markets for California-grown commodities, results in an unreasonable and unnecessary economic waste of the agricultural wealth of this state.
Such conditions and the accompanying waste jeopardize the future continued production of adequate supplies of food, fiber, and other products of the farm and of the soil for the people of this and other states, and prevent producers from obtaining a fair return from their labor, their farms, and the commodities which they produce.
As a consequence, the purchasing power of such producers has been in the past, and may continue to be in the future, unless such conditions are remedied, low in relation to that of persons engaged in other gainful occupations within the state. Producers are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and educational functions, thus tending to increase unfairly the tax burdens 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 1 - California Marketing Act of 937 › ARTICLE 2 - General Provisions › Section 58652.

58652. These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is hereby declared to be the policy of this state to aid producers in preventing economic waste in the marketing of their commodities, to develop more efficient and equitable methods in the marketing of commodities and to aid producers in restoring and maintaining their purchasing power at a more adequate, 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 1 - California Marketing Act of 937 › ARTICLE 2 - General Provisions › Section 58653.

58653. The marketing of commodities within this state is hereby 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 1 - California Marketing Act of 937 › ARTICLE 2 - General Provisions › Section 58654.

58654. The purposes of this chapter are to do the following:
(a) Enable producers of this state, with the aid of the state, to correlate more effectively the marketing of their commodities with market demands for those commodities.
(b) Establish orderly marketing of commodities.
(c) Provide for uniform grading and proper preparation of commodities for market.
(d) Provide methods and means for the maintenance of present markets, or for the development of new or larger markets, for commodities that are grown within this state or for the prevention, modification, or elimination of trade barriers that obstruct the free flow of those commodities to market.
(e) Eliminate or reduce economic waste in the marketing of commodities.
(f) Restore and maintain adequate purchasing power for the producers of this state.
(g) Inform the general public of the processes of producing agricultural commodities.
(h) Foster cooperation and understanding between urban and rural sectors of society.
(Amended by Stats. 1991, Ch. 385, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 2 - General Provisions › Section 58655.

58655. In any civil or criminal action or proceeding for violation of any of the following, proof that the act which is complained of was done in compliance with the provisions of this chapter or a marketing order which is issued pursuant to, and in furtherance of the purposes and provisions of this chapter, is a complete defense to such action or proceeding:
(a) The Cartwright Act, Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code.
(b) The Unfair Practices Act, Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code.
(c) The Fair Trade Act, Chapter 3 (commencing with Section 16900), Part 2, Division 7 of the Business and Professions Code.
(d) Any rule of statutory or common law against monopolies or combinations in restraint 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 2 - General Provisions › Section 58657.

58657. The provisions of this chapter regarding the marketing of commodities are applicable to fish and seafood and persons that handle, process, or distribute fish and seafood.
Any marketing order or agreement relating to fish and seafood shall affect handlers only. It may include only those provisions which are authorized by Sections 58889 and 58892, and any other provisions of this chapter necessary to carry out the purposes of Sections 58889 and 58892. Such provisions shall apply to all fish and seafood whether or not they are a product of this state.
(Amended by Stats. 1969, Ch. 702.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 2 - General Provisions › Section 58658.

58658. If any section, sentence, clause, or part of this chapter is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this chapter. The Legislature hereby declares that it would have passed this chapter and each section, sentence, clause, and part of this chapter despite the fact that one or more sections, sentences, clauses, or parts of this chapter is declared unconstitutional.
(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 2 - General Provisions › Section 58659.

58659. The suspension, amendment, or termination of any marketing order or marketing agreement does not suspend or terminate any cause of action which has accrued under it, but such cause of action shall survive and exist the same as if such marketing order or agreement had not been suspended, amended, or terminated.
(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 2 - General Provisions › Section 58660.

58660. It is hereby declared, as a matter of legislative determination, that the amendments of the statutory predecessor of Sections 58651 to 58653, inclusive, (former Section 1300.10) which were made at the 1959 General Session are enacted in the exercise of the power of this state for the purpose of protecting and furthering the public health and welfare.
(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 2 - General Provisions › Section 58661.

58661. The term volume, or quantity, as used in this chapter, except Article 9 (commencing with Section 58881), may be in terms of gross dollar value if the director finds that such volume or quantity cannot be readily ascertained otherwise, or that gross dollar value is a more equitable measure of the commodity involved.
(Added by Stats. 1970, Ch. 1176.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 3 - Exceptions › Section 58681.

58681. This chapter does not apply to any order, rule, or regulation which is issued, or is issuable, by the Public Utilities Commission or the Interstate Commerce Commission with respect to the operation of common carriers.
(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 3 - Exceptions › Section 58682.

58682. This chapter is not applicable to any retailer of any commodity except to the extent that such retailer also engages in the production, processing or distribution of any commodity.
(Amended by Stats. 1969, Ch. 702.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 4 - Administration › Section 58711.

58711. The director shall administer and enforce this chapter and may exercise any or all of the administrative powers which are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon the head of a department 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 1 - California Marketing Act of 937 › ARTICLE 4 - Administration › Section 58712.

58712. In order to effectuate the declared purposes of this chapter, the director may issue, administer, and enforce the provisions of any marketing order issued pursuant to this chapter which regulates producer marketing or the handling of any commodity within 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 1 - California Marketing Act of 937 › ARTICLE 4 - Administration › Section 58713.

58713. The director may do all of the following:
(a) Confer and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, or orders.
(b) Conduct joint hearings and issue joint or concurrent marketing orders for the purposes and within the standards which are set forth in this chapter.
(c) Exercise any administrative authority which is prescribed by this chapter to effect such uniformity of administration and regulation.
(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 4 - Administration › Section 58714.

58714. The director may purchase general liability insurance for all marketing orders 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 orders 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 order as insured parties for claims made against the marketing order in its advisory capacity to the director or against the director regarding the activities of a marketing order. 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. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58741.

58741. Subject to the provisions, restrictions, and limitations which are imposed in this chapter, the director may issue marketing orders which regulate producer marketing, the processing, distributing, or handling in any manner of any commodity by any and all persons that are engaged in such producer marketing, processing, distributing, or handling of such commodity within 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 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58741.1.

58741.1. Subject to Section 58993.1, the director may establish an educational program, as defined in Section 58608.1, directly affecting producers of all commodities produced in this state. If established, the educational program shall be created with all the powers, rights, and duties set forth in this chapter, except that it shall not be subject to Section 58749 or 58993.
(Added by Stats. 1991, Ch. 385, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58742.

58742. The director may also, subject to the restriction and limitations which are contained in Article 7 (commencing with Section 58811) of this chapter, issue marketing orders which regulate the handling, processing, preparation for marketing, or marketing of any or all portions of any commodity which is produced in this state for which marketing regulatory powers are not being exercised by the federal government pursuant to the Marketing Agreement Act of 1937 (50 Stat. 249).
(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 5 - Marketing Orders and Agreements › Section 58743.

58743. If the director finds that it tends to effectuate the declared purposes of this chapter within the standards which are prescribed in this chapter, the director may issue a marketing order, applicable to the marketing, within this state, of any commodity, which contains like terms, provisions, methods, and procedures as any license or order that regulates the marketing of such commodity in interstate or foreign commerce which is issued by the Secretary of Agriculture of the United States pursuant to the provisions of any law or laws of the United States.
In selecting the members of any board or other advisory agency under such marketing order, the director shall, insofar as practicable, utilize the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflicting personnel.
Any board, agency, or committee so appointed by the director shall be responsible to the director for the performance of such of their duties as relate to the administration of any such marketing order which is issued by the director pursuant to this section.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58744.

58744. Any marketing order which is issued by the director pursuant to this chapter may be limited in its application by prescribing the marketing area or portion of the state in which it shall be effective. A marketing order shall not, however, be issued by the director unless it embraces all persons of a like class that are engaged in a specific and distinctive agricultural industry or trade within 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 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58745.

58745. In order to effectuate the declared policy of this chapter, the director may also, after due notice and opportunity for hearing, enter into marketing agreements with processors, distributors, producers, and others that are engaged in the handling of any commodity, which regulate the preparation for market and handling of such commodity. Such marketing agreements are binding upon the signatories to the agreements exclusively.
(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 5 - Marketing Orders and Agreements › Section 58746.

58746. The purposes and provisions of the chapter which relate to marketing orders are applicable to marketing agreements except as follows:
(a) Section 58779, which requires the preparation of an official list of the names and addresses of all producers and the volume of the commodity which was produced or marketed by all the producers in the preceding marketing season and a list of the names and addresses of all handlers and the volume of the commodity which was handled by all the handlers, during the preceding marketing season, is not applicable to marketing agreements.
(b) Sections 58991 to 58998, inclusive, and Sections 59082 to 59086, inclusive, are not applicable to marketing agreements. Prior to the issuance of any marketing agreement, or amendment to it, the director shall, however, find, in addition to the findings which are set forth in Section 58813, that the marketing agreement, or any amendment to it, has been assented to by a sufficient number of signatories that handle a sufficient volume of the commodity which is affected to accomplish the objectives of the agreement or amendment and provide sufficient moneys from assessments levied to defray the necessary expenses of formulation, issuance, administration, and enforcement.
(c) Section 59233 is not applicable to marketing agreements.
(Amended by Stats. 1984, Ch. 706, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58747.

58747. Notwithstanding the provisions of Section 58605, the director may issue and make effective marketing orders or marketing agreements that affect handlers only which include only the provisions which are authorized in Sections 58889, 58890, 58892, 58893, and 58894, or any of such provisions, but no others, as may be applicable to the commodity that is regulated which is handled within this state, without regard to whether or not such commodity is produced within 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 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58748.

58748. If producers or handlers of any commodity which is regulated by a marketing order or marketing agreement 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 order or agreement, 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 applicable upon producers or handlers of such 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 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58749.

58749. The director may issue and make effective a marketing order or marketing agreement which applies to two or more commodities. The producers or handlers of each commodity encompassed by such marketing order or agreement shall have all rights and privileges contained in this chapter as though such producers or handlers were directly affected by a marketing order or agreement regulating only a single commodity. If the producers or handlers of one commodity who are directly affected by a marketing order or agreement which applies to two or more commodities act to enjoin, amend, suspend or terminate the provisions thereof to such commodity, the order or agreement shall not be enjoined, amended, suspended or terminated with respect to any other commodity regulated by such order or agreement unless the director finds such injunction, amendment, suspension, or termination respecting one commodity makes continuance of the order or agreement no longer feasible or it fails to attain the objectives of this chapter. Unless the director makes findings to the contrary, a marketing order or agreement applicable to more than one commodity is deemed to be severable with respect to each commodity encompassed by it and also severable as to each sentence, clause, or part as it applies to each commodity. There shall be a clear and concise definition or identification of each commodity regulated by such multiple commodity marketing order or agreement.
(Added by Stats. 1970, Ch. 496.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 2 - GENERAL MARKETING LAWS › CHAPTER 1 - California Marketing Act of 937 › ARTICLE 5 - Marketing Orders and Agreements › Section 58750.

58750. (a) There is within the Department of Food and Agriculture a public and private collaboration known as the “Buy California Program.” The purposes of the program are to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
(b) Pursuant to Section 58749, and in accordance with the provisions of this chapter, the secretary may issue and make effective a marketing agreement and be advised by those elements of the production agriculture and food processing industry willing to participate in the program via co-funding or in-kind contributions in a manner defined under the agreement.
(c) The department shall report to the Legislature on January 1, 2002, and each successive January 1 while this section is operative, regarding its expenditures, progress, and ongoing priorities with this program.
(d) The Buy California Account is created in the Food and Agriculture Fund and, notwithstanding Section 13340 of the Government Code, is continuously appropriated for purposes of this section.
(Added by Stats. 2001, Ch. 118, Sec. 3.5. Effective July 30, 2001.)