SECTIONS 58811-58814 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58811-58814

58811. After the notice and hearing which are required by Article 6
(commencing with Section 58771) of this chapter, and before issuing
a marketing order or amendments to it for the written assent of
producers or handlers which contain provisions for correlating the
supply of the commodity which is affected with market demands for it
by means of restrictions upon the total quantity of such commodity,
or restrictions upon the total quantity of any grade, size, quality,
or condition of it, which restrictions have the effect of limiting
the total quantity of such commodity which may be marketed during any
marketing season, if the restricted portion of such commodity might
otherwise be marketed by producers in compliance with other laws of
this state or of the United States or in compliance with established
commercial practice during such marketing season, the director shall
make all of the following findings with respect to such marketing
order or amendments to it:
(a) Such provisions are necessary in order to effect a reasonable
correlation of the supply of the commodity which is affected with
market demands for the commodity and that such marketing order or
amendments to it will tend to reestablish or maintain such level of
prices for such commodity as will provide a purchasing power for such
commodity which is adequate to maintain in the business of producing
such commodity such number of producers as is required to provide
such supply of the quantities and qualities of such commodity as is
necessary to fulfill the normal requirements of consumers of the
commodity.
(b) Such marketing order or amendments to it will tend to approach
such equality of purchasing power at as rapid a rate as is feasible
in view of the market demand for such commodity.
(c) Such marketing order or amendments to it are in conformity
with the provisions of this chapter and within the applicable
limitations and restrictions which are set forth in this chapter and
will tend to effectuate the declared purposes and policies of this
chapter.
(d) Such marketing order or amendments to it will protect the
interests of consumers of such commodity, by exercising the powers of
this chapter only to such extent as is necessary to establish the
equality of purchasing power which is described in subdivision (a) of
this section.

58812. In making the findings with respect to any of the objectives
which are set forth in Section 58811, the director shall, if any or
all of the following economic factors are relevant, take into
consideration any and all facts which are available to him with
respect to all of the following:
(a) The quantity of such commodity which is available for
distribution.
(b) The quantity of such commodity which is normally required by
consumers.
(c) The cost of producing such commodity as determined by
available statistics and surveys.
(d) The purchasing power of consumers as indicated by reports and
indices.
(e) The level of prices of other commodities which compete with,
or are utilized as substitutes for, such commodity.
(f) The level of prices of other commodities, services, and
articles which farmers commonly buy.

58813. If the marketing order or amendments to it contain
provisions only for the purpose of regulating the flow of the
commodity, or any grade, size, or condition of the commodity, to
market without directly restricting the total quantity which may be
marketed during the marketing season, or if the marketing order or
amendments to it contain provisions only for the establishment of
grade, size, quality, or condition specifications, or for uniform
grading and inspection, or the elimination of unfair trade practices,
or provisions for advertising or sales promotion, or for research,
the director may issue such marketing order or amendments to it if he
makes all of the following findings:
(a) That such marketing order or amendments to it are reasonably
calculated to attain the objectives which are sought in such
marketing order.
(b) That such marketing order or amendments to it are in
conformity with the provisions of this chapter and within the
applicable limitations and restrictions which are set forth in this
chapter and will tend to effectuate the declared purposes and
policies of this chapter.
(c) That the interests of consumers of such commodity are
protected in that the powers of this chapter are being exercised only
to the extent which is necessary to attain such objectives.
In making any findings pursuant to this section, the director
shall base his findings upon the facts, testimony, and evidence which
is received at the public hearing together with any other relevant
facts which are available to him from official publications or
institutions of recognized standing.

58814. Any marketing order in effect on August 27, 1945, which was
duly issued by the director pursuant to this chapter prior to May 28,
1945, and in effect on such date, shall continue in full force and
effect and shall be conclusively presumed to be in conformity with
the provisions of this article as amended.