SECTIONS 58771-58788 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58771-58788

58771. If the director has reason to believe that the issuance of a
marketing order, or amendments to an existing marketing order, will
tend to effectuate the declared policy of this chapter with respect
to any commodity, he shall, either upon his own motion or upon
application of any producer or handler of such commodity, or any
organization of such persons, give notice of not less than 30 days
for a public hearing upon a proposed marketing order or such
amendments to such existing marketing order. In an emergency
situation requiring urgent action, the director may, upon citing the
nature of the emergency in the notice, give less than 30 days'
notice.

58773. The director shall also mail a copy of such notice of
hearing and a copy of such proposed marketing order, or proposed
amendments, to every producer or handler of such commodity whose name
and address appears upon lists of such persons, on file in the
department that may be directly affected by the provisions of such
proposed marketing order or such proposed amendments.

58774. The notice of hearing shall set forth all of the following:
(a) The date and place of the hearing.
(b) The commodity and the area which are covered by the proposed
marketing order or the proposed amendments.
(c) A statement that the director will receive, at the hearing,
testimony and evidence as to other necessary and relevant matters
which are set forth in Article 7 (commencing with Section 58811).

58775. To provide the director with accurate and reliable
information, if that information is not then on file in the
department, regarding the persons that may be directly affected by
the provisions of any proposed marketing order for any commodity, the
director shall, if he or she has reason to believe that the issuance
of a marketing order will tend to effectuate the declared policy of
this chapter, or upon receipt of a written application for a hearing
pursuant to Section 58771, notify all handlers of the commodity to
file with the director, within 30 days from the last date of the
notice, a report, properly certified, which shows all of the
following:
(a) The correct name and address of such handler.
(b) The quantities of the commodity that are affected by the
proposed marketing order which were handled by the handler in the
marketing season next preceding the filing of the report or the
current marketing season if the harvest and delivery of the commodity
to handlers is complete.
(c) The correct name and address of every producer of the
commodity, that may be directly affected by the proposed marketing
order, from whom the handler received the commodity in the marketing
season next preceding the filing of the report or the current
marketing season if the harvest and delivery of the commodity to
handlers is complete.
(d) The director may also require all handlers to report
quantities of the commodity which were received by the handler from
each producer in the marketing season next preceding the filing of
the report or the current marketing season if the harvest and
delivery of the commodity to handlers is complete.

58777. The director shall mail a copy of such notice to file such
report to every handler of such commodity whose name and address
appears upon the lists on file in the department, of handlers that
may be directly affected by the provisions of such proposed marketing
order.

58778. Each handler of such commodity that may be directly affected
by the provisions of such proposed marketing order shall file such
verified report with the director within the time which is specified
in Section 58775. Failure or refusal of any handler to file such
report within the time which is specified does not invalidate any
proceeding which is taken or marketing order which is issued pursuant
to this chapter. The director shall proceed upon the basis of such
information and reports as may otherwise be available.

58779. From the reports which are filed and the information which
is received or available to the director, including any proper
corrections, the director shall prepare a list of the names and
addresses of the producers and the volume of such commodity which was
produced or marketed by all such producers and a list of the names
and addresses of such handlers and the volume of such commodity which
was handled by all such handlers, that are directly affected by the
provisions of such proposed marketing order, or amendments to it, in
the preceding marketing season. Such lists shall constitute complete
and conclusive lists for use in any finding made by the director
pursuant to the provisions of Article 12 (commencing with Section
58991) of this chapter and such findings are conclusive.

58780. In the preparation of the list of producers or handlers to
be used in the formulation or amendment of any marketing order or
marketing agreement, the director may omit from such list the name of
any person that makes only casual sales of the product which is
involved, or whose sales or marketings of such product are incidental
to urban home ownership, or the result of activity other than a
commercial farm or business venture. Any person that is excluded from
such lists is not subject to the provisions, including the payment
of any assessments, which are applicable upon producers, or handlers,
as prescribed in any such marketing order or marketing agreement.

58781. The information which is contained in the individual reports
of handlers which are filed with the director pursuant to this
article shall not be made public by the director in such form but the
information which is contained in such reports may be prepared in
combined form for use by the director, his agents, or other
interested persons, in the formulation, administration, and
enforcement of a marketing order, or may be made available pursuant
to court order. Such information shall not be made available to
anyone for private purposes.

58782. The hearing on a proposed marketing order or proposed
amendments shall be public and all testimony shall be received under
oath. A full and complete record of all proceedings at such hearing
shall be made and maintained on file in the office of the director.

58783. At the hearing, the director shall receive, in addition to
other necessary or relevant matters, evidence upon the matters which
are set forth in Article 7 (commencing with Section 58811).

58784. At any public hearing which is held in connection with the
formulation or amendment of a marketing order or marketing agreement,
the director shall present testimony with respect to the procedure
used to develop the official producer or handler list, as the case
may be.

58785. At each public hearing upon a marketing order or a major
amendment to it, the director shall receive evidence relative to the
period of time which may be necessarily required for the filing,
checking, and tabulating of written assents which are prescribed in
Article 12 (commencing with Section 58991) of this chapter. He shall
also, at the conclusion of each such hearing, make a finding, based
upon the evidence, with respect to the period of time which may be
reasonably and necessarily required for such filing, checking, and
tabulating. On the basis of such finding, the director shall fix and
limit the period during which such assents may be received by him and
shall be the period at the time of mailing of assent forms to
producers and handlers that are affected. If, however, the director
finds that an extension of such period is reasonably warranted, he
may extend such period for receiving assents.

58786. At a public hearing which is held to consider a proposed
marketing order or major amendments to an existing marketing order,
the director shall also receive evidence from which the director can
determine whether the assent, approval, or favor of the producers,
handlers, or processors affected shall be determined by written
assents or by referendum as prescribed in Article 12 (commencing with
Section 58991).

58787. Upon the conclusion of the hearing, the director shall make
a finding which is based upon the evidence received, whether assent,
approval, or favor shall be determined by written assents or by
referendum.

58788. If the director finds that a referendum shall be had, the
director shall direct that a referendum be held in accordance with
Sections 58991 to 58998, inclusive. If a referendum is conducted, the
director is not required, with respect to the assent, approval, or
favor, to make a finding pursuant to Section 58785 concerning, or to
fix and limit, the period during which assents may be received by the
director.