SECTIONS 58741-58750 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58741-58750

58741. Subject to the provisions, restrictions, and limitations
which are imposed in this chapter, the director may issue marketing
orders which regulate producer marketing, the processing,
distributing, or handling in any manner of any commodity by any and
all persons that are engaged in such producer marketing, processing,
distributing, or handling of such commodity within this state.

58741.1. Subject to Section 58993.1, the director may establish an
educational program, as defined in Section 58608.1, directly
affecting producers of all commodities produced in this state. If
established, the educational program shall be created with all the
powers, rights, and duties set forth in this chapter, except that it
shall not be subject to Section 58749 or 58993.

58742. The director may also, subject to the restriction and
limitations which are contained in Article 7 (commencing with Section
58811) of this chapter, issue marketing orders which regulate the
handling, processing, preparation for marketing, or marketing of any
or all portions of any commodity which is produced in this state for
which marketing regulatory powers are not being exercised by the
federal government pursuant to the Marketing Agreement Act of 1937
(50 Stat. 249).

58743. If the director finds that it tends to effectuate the
declared purposes of this chapter within the standards which are
prescribed in this chapter, the director may issue a marketing order,
applicable to the marketing, within this state, of any commodity,
which contains like terms, provisions, methods, and procedures as any
license or order that regulates the marketing of such commodity in
interstate or foreign commerce which is issued by the Secretary of
Agriculture of the United States pursuant to the provisions of any
law or laws of the United States.
In selecting the members of any board or other advisory agency
under such marketing order, the director shall, insofar as
practicable, utilize the same persons as those serving in a similar
capacity under such federal license or order, so as to avoid
duplicating or conflicting personnel.
Any board, agency, or committee so appointed by the director shall
be responsible to the director for the performance of such of their
duties as relate to the administration of any such marketing order
which is issued by the director pursuant to this section.

58744. Any marketing order which is issued by the director pursuant
to this chapter may be limited in its application by prescribing the
marketing area or portion of the state in which it shall be
effective. A marketing order shall not, however, be issued by the
director unless it embraces all persons of a like class that are
engaged in a specific and distinctive agricultural industry or trade
within this state.

58745. In order to effectuate the declared policy of this chapter,
the director may also, after due notice and opportunity for hearing,
enter into marketing agreements with processors, distributors,
producers, and others that are engaged in the handling of any
commodity, which regulate the preparation for market and handling of
such commodity. Such marketing agreements are binding upon the
signatories to the agreements exclusively.

58746. The purposes and provisions of the chapter which relate to
marketing orders are applicable to marketing agreements except as
follows:
(a) Section 58779, which requires the preparation of an official
list of the names and addresses of all producers and the volume of
the commodity which was produced or marketed by all the producers in
the preceding marketing season and a list of the names and addresses
of all handlers and the volume of the commodity which was handled by
all the handlers, during the preceding marketing season, is not
applicable to marketing agreements.
(b) Sections 58991 to 58998, inclusive, and Sections 59082 to
59086, inclusive, are not applicable to marketing agreements. Prior
to the issuance of any marketing agreement, or amendment to it, the
director shall, however, find, in addition to the findings which are
set forth in Section 58813, that the marketing agreement, or any
amendment to it, has been assented to by a sufficient number of
signatories that handle a sufficient volume of the commodity which is
affected to accomplish the objectives of the agreement or amendment
and provide sufficient moneys from assessments levied to defray the
necessary expenses of formulation, issuance, administration, and
enforcement.
(c) Section 59233 is not applicable to marketing agreements.

58747. Notwithstanding the provisions of Section 58605, the
director may issue and make effective marketing orders or marketing
agreements that affect handlers only which include only the
provisions which are authorized in Sections 58889, 58890, 58892,
58893, and 58894, or any of such provisions, but no others, as may be
applicable to the commodity that is regulated which is handled
within this state, without regard to whether or not such commodity is
produced within this state.

58748. If producers or handlers of any commodity which is regulated
by a marketing order or marketing agreement that is issued by the
director pursuant to the provisions of this chapter are required to
comply with minimum quality, condition, size, or maturity
regulations, no person may, except as otherwise provided in such
order or agreement, process, distribute, or otherwise handle any of
such commodity from any source, whether produced within or without
this state, which commodity does not meet such minimum requirements
applicable upon producers or handlers of such commodity in this
state. Such regulations do not, however, apply to any commodity which
has been produced outside of this state and is in transit on the
effective date of the regulations.

58749. The director may issue and make effective a marketing order
or marketing agreement which applies to two or more commodities. The
producers or handlers of each commodity encompassed by such marketing
order or agreement shall have all rights and privileges contained in
this chapter as though such producers or handlers were directly
affected by a marketing order or agreement regulating only a single
commodity. If the producers or handlers of one commodity who are
directly affected by a marketing order or agreement which applies to
two or more commodities act to enjoin, amend, suspend or terminate
the provisions thereof to such commodity, the order or agreement
shall not be enjoined, amended, suspended or terminated with respect
to any other commodity regulated by such order or agreement unless
the director finds such injunction, amendment, suspension, or
termination respecting one commodity makes continuance of the order
or agreement no longer feasible or it fails to attain the objectives
of this chapter. Unless the director makes findings to the contrary,
a marketing order or agreement applicable to more than one commodity
is deemed to be severable with respect to each commodity encompassed
by it and also severable as to each sentence, clause, or part as it
applies to each commodity. There shall be a clear and concise
definition or identification of each commodity regulated by such
multiple commodity marketing order or agreement.

58750. (a) There is within the Department of Food and Agriculture a
public and private collaboration known as the "Buy California
Program." The purposes of the program are to encourage consumer
nutritional and food awareness and to foster purchases of
high-quality California agricultural products.
(b) Pursuant to Section 58749, and in accordance with the
provisions of this chapter, the secretary may issue and make
effective a marketing agreement and be advised by those elements of
the production agriculture and food processing industry willing to
participate in the program via co-funding or in-kind contributions in
a manner defined under the agreement.
(c) The department shall report to the Legislature on January 1,
2002, and each successive January 1 while this section is operative,
regarding its expenditures, progress, and ongoing priorities with
this program.
(d) The Buy California Account is created in the Food and
Agriculture Fund and, notwithstanding Section 13340 of the Government
Code, is continuously appropriated for purposes of this section.