SECTIONS 58651-58661 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58651-58661

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.