SECTIONS 41861-41867 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 41861-41867

41861. As used in this article, "committee" means the Garlic and
Onion Dehydrator Advisory Committee.

41862. There is in the department the Garlic and Onion Dehydrator
Advisory Committee, which consists of 11 members and their
alternates. The secretary shall appoint five members and their
alternates, who shall be growers of garlic or onions for dehydrating,
five members and their alternates, who shall be representatives of
handlers engaged in the dehydrating of garlic or onions, and one
public member and an alternate, both of whom shall have no direct
economic interest in the growing or dehydrating of garlic or onions.
An alternate member shall serve at a committee meeting only in the
absence of, and shall have the same powers and duties as, the member
for whom he or she is designated as alternate.

41863. In selecting the membership of the committee, the secretary
shall take into consideration the recommendations of organizations
and associations of producers of garlic and onions for dehydrating
and of handlers of garlic or onions for dehydrating.

41864. The term of office of the members of the committee is three
years. Appointment of the first members of the committee shall be so
made that the terms of office of three of such members, of which one
shall be a public member, shall expire at the end of one year, four
at the end of two years, and four at the end of three years.
Thereafter appointments shall be for full three-year terms. Any
vacancies which occur during an unexpired term shall be filled by
appointment for the unexpired term.

41865. The committee shall be advisory to the secretary on all
matters pertaining to quality standards for garlic and onions for
dehydrating purposes. The committee may do any of the following:
(a) Recommend to the secretary the adoption or amendment of the
quality standards for garlic or onions suitable for dehydration
purposes.
(b) Recommend to the secretary administrative regulations that
relate to methods and procedures of selecting samples of lots, loads,
or containers of garlic or onions for dehydrating purposes.
(c) Recommend to the secretary administrative regulations that
relate to the methods and procedures for the determination of
moisture content in deliveries of garlic or onions for dehydration
purposes.
(d) Recommend to the secretary administrative regulations that
relate to the administration and enforcement of this chapter.
(e) Recommend to the secretary administrative regulations
concerning the place of inspection and location of inspection
stations.
(f) Recommend to the secretary the institution and promotion of
scientific research.
(g) Recommend to the secretary whether or not there shall be
sampling and inspection for conditions not shown on the certificate
of inspection for dehydrated garlic or onions.
(h) Advise the secretary on all matters pertaining to this
chapter, including training and supervision of inspectors and the
annual budget and revenue necessary to accomplish the purposes of
this chapter.

41865.1. (a) In order to operate economically and reduce the
expenses that may adversely impact persons subject to this chapter,
the committee may, on or before January 15 of any year, request the
secretary to contract with any government agency or private entity,
to provide services, as determined by the secretary, to be necessary
for carrying out the purposes of this chapter. Those services may
include, but are not limited to, both of the following:
(1) Providing staff for inspection and research.
(2) Providing office space, equipment, and other necessary
supplies.
(b) Notwithstanding subdivision (a), the secretary shall be
responsible for the enforcement of this chapter, the establishment of
enforcement procedures, and the uniformity, accuracy, and integrity
of inspection.

41865.2. (a) The secretary may establish rules and procedures to be
used by the government agency or private entity in administering
this chapter. The procedures may include both of the following:
(1) The employment, training, supervision, and compensation of
inspectors.
(2) The use of existing, and the acquisition of additional,
equipment, supplies, and office space.
(b) 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.

41865.3. The committee shall not recommend and the secretary shall
not utilize, a private entity a majority of whose officers and
employees are persons regulated by this chapter.

41865.4. The government agency or private entity shall keep an
accurate record of expenses incurred in performing its
responsibilities. Those records shall be available for not less than
three years for audit during regular business hours upon request of
the secretary.

41865.5. The secretary may require the government agency or private
entity to correct or cease any activity or function that is
determined by the secretary not to be in the public interest or is in
violation of this chapter, and shall notify the government agency or
private entity in writing of these specific acts.

41865.6. The secretary shall reimburse the government agency or
private entity, upon receipt of an invoice approved by the secretary,
for the actual and necessary expenses incurred by the agency or
entity in performing the services contracted for pursuant to this
chapter.

41865.7. All expenses incurred in carrying out Section 41865.1
shall be paid from fees collected under this chapter.

41866. The committee shall meet at the call of its chairperson or
at the request to the secretary of any three members of the
committee. It shall meet at least once each year.

41867. 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, with approval
of the secretary, may be reimbursed for the actual necessary expenses
incurred in the performance of their official duties. Any
reimbursement shall be made at the rate permitted under the rules of
the Department of Personnel Administration and a member shall not
receive any other compensation.