SECTIONS 58601-58624 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58601-58624

58601. This chapter shall be known as "The California Marketing Act
of 1937."

58602. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

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.

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.

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.

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.

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.

58607. "Distributing" means engaging in the business of a
distributor as defined in 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.

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.

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.

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.

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.

58612. "Handling" means engaging in the business of a handler as
defined in Section 58611.

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.

58614. "Marketed by producers" means producer marketing, as defined
by Section 58621.

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.

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.

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.

58618. "Processing" means engaging in the business of a processor
as defined in 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.

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.

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.

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.

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.

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.