SECTIONS 41000-41010 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 41000-41010

41000. The director shall not enforce this article during the
period that any marketing order or commission covering the same
subject is in effect.

41001. There is in the department the Processing Tomato Advisory
Committee, which consists of 10 members. The director shall appoint
five members who shall be producers of tomatoes for processing and
five members who shall be representatives of processors engaged in
the processing of tomatoes. The director may appoint one additional
member of the committee, who shall be a public member.
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.

41002. It is hereby declared, as a matter of legislative
determination, that producers of tomatoes for processing and
processors engaged in processing tomatoes appointed to the Processing
Tomato Advisory Committee pursuant to this article are intended to
represent and further the interest of a particular agricultural
industry concerned, and that the representation and furtherance is
intended to serve the public interest. Accordingly, the Legislature
finds that, with respect to persons who are appointed to the
committee, the particular agricultural industry concerned is
tantamount to, and constitutes, the public generally within the
meaning of Section 87103 of the Government Code.

41003. In making selection of the membership of the committee, the
director shall take into consideration the recommendations of
organizations and associations of producers of tomatoes for
processing and of processors of tomatoes for processing.

41004. The committee member's term of office shall be three years.
Any vacancies which occur during an unexpired term shall be filled by
appointment for the unexpired term.

41005. The committee shall be advisory to the director on all
matters pertaining to standards for tomatoes for processing purposes.
The committee may do any of the following:
(a) Recommend to the director administrative regulations which
relate to the administration and enforcement of this chapter.
(b) Recommend to the director the institution and promotion of
scientific research.
(c) Recommend to the director the sampling for conditions not
currently provided for in this chapter or regulations adopted
pursuant to this chapter.
(d) Advise the director on all matters pertaining to this chapter
including the annual budget and revenue necessary to accomplish the
purpose of this chapter.

41006. The committee shall meet at the call of its chairman or at
the request to the director of any three members of the committee. It
shall meet at least once each year.

41007. The meetings of the committee shall be held in the office of
the department at Sacramento, or elsewhere within the state, if
necessary for the proper performance of its duties.

41008. Each member of the committee, any alternate member serving
in the absence of a regular member, and any member of an advisory
committee appointed by the chairman of the committee, may, with
approval of the director, be reimbursed for the actual and necessary
expenses incurred in the performance of their official duties.
However, members may not receive any other consideration. Any of
these reimbursements shall be made at the rate permitted under the
rules of the Department of Personnel Administration.

41009. The director shall appoint an alternate member for each
committee member. In making the appointments the director shall
appoint a producer as alternate for each producer member and a
processor representative as alternate for each processor
representative, and shall give consideration to the representative of
the member for whom the alternate is designated to serve.

41010. Alternate members shall serve at committee meetings only in
the absence of the member for whom they are designated as alternate.