SECTIONS 14971-14979 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 14971-14979

14971. There is in state government a Feed Inspection Advisory
Board consisting of eight persons appointed by the director, who are
licensed under this chapter, and who are subject to payment of the
inspection tonnage tax in accordance with this chapter. The director
may appoint one additional member to the board who shall be a public
member. The members of the board shall receive no salary, but are
entitled to payment of necessary traveling expenses in accordance
with Department of Personnel Administration rules. These expenses
shall be paid out of appropriations made to the department.
Upon the director's request, the board 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 board. The director may appoint one of the nominees as
the public member on the board. If all nominees are unsatisfactory to
the director, the board 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 board shall be filled by appointment by the
director from the nominee or nominees similarly qualified submitted
by the board. The public member of the board shall represent the
interests of the general public in all matters coming before the
board and shall have the same voting and other rights and immunities
as other members of the board.

14971.5. It is hereby declared, as a matter of legislative
determination, that persons appointed to the Feed Inspection Advisory
Board pursuant to this article are intended to represent and further
the interest of a particular agricultural industry concerned, and
that such representation and furtherance is intended to serve the
public interest. Accordingly, the Legislature finds that, with
respect to persons who are appointed to such board, the particular
agricultural industry concerned is tantamount to, and constitutes,
the public generally within the meaning of Section 87103 of the
Government Code.

14972. The term of office of the members of the board is three
years. When the board is first appointed, two members shall be
appointed for three years, two members for two years, and one member
of one year. Thereafter appointment shall be for full three-year
terms. Vacancies shall be filled for an unexpired term.

14975. Except as otherwise provided in Sections 14978 and 14979,
the board shall be advisory to the director and may make
recommendations on all matters pertaining to this chapter, including,
but not limited to, the inspection and enforcement program, annual
budget, necessary fees to provide adequate inspection services, and
regulations required to accomplish the purposes of this chapter.

14976. The board shall elect a chairman, and from time to time such
other officers as it may deem advisable.

14977. The board shall meet at the call of its chairman or the
director or at the request of any three members of the board. The
board shall meet at least once a year.

14978. (a) In order to avoid administrative charges which may
adversely impact persons subject to this chapter, and to provide for
more efficient implementation of this chapter, the board may, on or
before January 15 of any year, establish or designate one or more
entities to administer all or any part of this chapter for the fiscal
year beginning July 1 of the same year through June 30 of the
following year, in accordance with the regulations and procedures
adopted or established by the director pursuant to Section 14979.
(b) Notwithstanding subdivision (a), the director shall be
responsible for the enforcement of this chapter and for the
establishment of enforcement procedures.

14978.1. The entity or entities that may be established or
designated by the board pursuant to Section 14978 includes, but shall
not be limited to, the following:
(a) The committee established pursuant to Section 14978.2.
(b) Agricultural councils, commissions, and any entity established
in accordance with a marketing order.
(c) Federal, state, or county agencies.
(d) The University of California and cooperative extension
service.
(e) Agricultural associations and cooperatives.
(f) State accredited or certified chemistry laboratories.
However, the board may not designate any entity that is a trade
association whose membership is composed primarily of persons
licensed under this chapter or that represents persons regulated by
this chapter.

14978.2. (a) The board may establish the Commercial Feed Inspection
Committee as an entity to administer this chapter. The committee
shall consist of eight persons appointed by the board who shall be
licensed under this chapter. The committee may, with the concurrence
of the director, appoint one additional member to the committee, who
shall be a public member. The public member shall be a citizen and
resident of California who is not subject to the licensing
requirements of this chapter, and who has no financial interest in
any person licensed under this chapter.
(b) Each member shall have an alternate member appointed in the
same manner as the member, who shall serve in the absence of the
member for whom they are designated as alternate and who shall have
all the duties and exercise the full rights and privileges of
members.
(c) The committee may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers as it
deems necessary. The officers shall have the powers and duties
delegated to them by the committee.
(d) The members and alternate members, when acting as members,
shall serve without compensation but shall be reimbursed for expenses
necessarily incurred by them in the performance of their duties in
accordance with the rules of the California Victim Compensation and
Government Claims Board.
(e) A quorum of the committee shall be five members. A vote of the
majority of the members present at a meeting at which there is a
quorum shall constitute the act of the committee.
(f) No member or alternate member, or any employee or agent
thereof, shall be personally liable for the actions of the committee
or responsible individually in any way for errors in judgment,
mistakes, or other acts, either by commission or omission, except for
his or her own individual acts of dishonesty or crime.

14978.3. Any entity established or designated pursuant to Section
14978 shall do all of the following:
(a) Administer this chapter or any part thereof, and to do and
perform all acts and exercise all powers deemed reasonably necessary.
(b) Keep accurate books and records of its activities, which shall
be subject to annual audit by an auditing firm approved by the
director. The audit shall be made a part of an annual report to all
persons licensed under this chapter. The books and records shall be
available for audit during regular business hours upon request of the
director.
(c) Establish an annual budget, including, but not limited to, the
allocation of funds required for inspection services necessary for
the administration of this chapter.
(d) Make recommendations to the director concerning all of the
following:
(1) Adoption, modification, and repeal of regulations and
procedures.
(2) Procedures for employment, training, supervision, and
compensation of inspectors and other personnel.
(3) Rate and collection of inspection tonnage tax and the
collection of license fees and penalties related thereto.
(4) Acquisition and use of equipment.
(5) Posting and noticing changes in bylaws, general procedures, or
orders.

14978.4. The director may require any entity or entities
established or designated pursuant to Section 14978 to correct or
cease any activity or function that is determined by the director not
to be in the public interest, or that is in violation of this
chapter, and shall notify the entity in writing of these specific
acts.

14978.5. Persons subject to this chapter shall not have access to
any information in the possession of any entity or entities
established or designated pursuant to Section 14978 that would
disclose proprietary information regarding any other person subject
to this chapter, including feed test results, individual tonnage tax
payment, and feed formula information.

14978.6. Any person licensed under this chapter may petition the
director, in accordance with regulations adopted by the director, to
review any action, order, or decision of the entity or entities
established or designated pursuant to Section 14978.

14979. (a) The director shall adopt regulations to be used by the
entity or entities established or designated by the board pursuant to
Section 14978 to administer this chapter. The regulations shall
include, but not be limited to, contracts for analytical services
with commercial laboratories and for any additional services.
(b) The director shall establish procedures to be used by the
entity or entities established or designated by the board pursuant to
Section 14978 to administer this chapter. The procedures shall
include, but not be limited to, all of the following:
(1) Employment, training, supervision, and compensation of
inspectors and other personnel.
(2) Allocation of funds and use of existing equipment and
acquisition of equipment.
(3) Collection of inspection tonnage tax, license fees and
penalties related thereto.
(c) This section is not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) In adopting regulations and procedures, the director shall
accept the recommendations of the entity or entities established or
designated pursuant to Section 14978 if he or she finds them to be
practicable and in the interest of the commercial feed industry and
the public. Within 30 days of the date the director receives a
recommendation from any such entity, the director shall provide the
entity with notice of the acceptance of the recommendations or with a
written statement of reasons if he or she does not accept the
recommendation.