SECTIONS 58841-58852 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58841-58852

58841. Any marketing order which is issued pursuant to this chapter
shall provide for the establishment of an advisory board to assist
the director in the administration of any marketing order. The
members of the advisory board shall be appointed by the director and
may hold office at the pleasure of the director. A marketing order
may, however, provide for the appointment of members from nominations
made by the producers and handlers and may also provide for the
method of selecting such nominees.

58842. If the marketing order affects directly only producers of a
particular commodity, the members of the advisory board shall be
producers. If the marketing order affects directly only handlers of a
particular commodity, the members of the advisory board shall be
handlers.
If the marketing order affects directly both producers and
handlers of a particular commodity the advisory board shall be
composed of both producers and handlers. The number of producers or
handlers upon any such advisory board shall be of such number of
producers or handlers as the director finds is necessary to assist
properly in the administration of such order.

58842.5. Any raisin marketing order or agreement involving
producers operating under this chapter shall provide for, and the
director shall appoint, a person to represent cooperative bargaining
associations organized pursuant to Chapter 2 (commencing with Section
54401) of Division 20 from nominations made by the associations to
the advisory board.
The person so appointed shall be a voting member of the advisory
board.

58843. Upon the recommendation of the advisory board, the director
may appoint one person who is neither a producer nor a handler to
represent the department or the public generally.

58844. A member of an advisory board is entitled to actual expenses
which are incurred while engaged in performing duties that are
authorized by this chapter and, with the approval of the advisory
board concerned, may receive compensation not to exceed fifty dollars
($50) per day for each day spent in actual attendance at, or
traveling to and from, meetings of the board or on special assignment
for the board.

58845. The director may authorize an advisory board to do all of
the following:
(a) Enter into contracts or agreements.
(b) Employ necessary personnel, including attorneys engaged in the
private practice of the law, and fix their compensation and terms of
employment.
(c) Incur such expenses, to be paid from moneys which are
collected as provided in Article 10 (commencing with Section 58921),
as the director may deem necessary and proper to enable the advisory
board properly to perform its duties as authorized by this chapter.
(d) Receive, invest, and disburse funds pursuant to the provisions
of Article 10 (commencing with Section 58921).

58846. The duties of an advisory board are administrative only and
any such board may do only the following:
(a) Subject to the approval of the director, administer the
marketing order.
(b) Recommend to the director administrative rules and regulations
which relate to the marketing order.
(c) Receive and report to the director complaints of violations of
the marketing order.
(d) Recommend to the director amendments to the marketing order.
(e) Assist the director in the assessment of members of the
industry and in the collection of funds to cover expenses incurred by
the director in the administration of the marketing order.
(f) Assist the director in the collection of such necessary
information and data as the director may deem necessary to the proper
administration of this chapter.

58846.5. Each advisory board shall, annually, report to the members
of the industry who are subject to its marketing order on the
activities and program, including, but not limited to, the income and
expenses, the fund balance, and a report of progress in achieving
program goals, of such a marketing order, as prescribed by the
director.

58847. The members or alternate members of any advisory board,
including employees of the advisory board, are not responsible
individually in any way whatsoever to any person for liability on any
contract or agreement of the advisory board.

58848. In addition to the advisory board, one or more special
committees or subcommittees may be established to assist the advisory
board in carrying out its duties and functions. Upon approval of the
director, each advisory board may establish committees or
subcommittees to carry out assigned duties and functions and
designate the members or alternate members of the advisory board to
serve upon such committees.

58849. If the marketing order so authorizes, or upon the
recommendation of the advisory board, the director may authorize the
establishment of special committees or subcommittees of persons who
are not members or alternate members of the board to perform specific
duties and functions. The members and alternate members of any such
special committee or subcommittee shall be appointed by the director.

58850. An advisory board may at any time invite any persons to
their meetings to serve in an advisory capacity and the director may,
if requested by the advisory board, pay necessary expenses to such
persons at rates not to exceed those granted to advisory board
members.

58851. Any action of any committee, special committee, or
subcommittee of the board is subject to final approval by the
advisory board. Members and alternate members of any committee,
special committee, or subcommittee, whether by appointment or
approval of the director, are entitled to reimbursement for actual
expenses which are incurred while acting in their authorized
capacities.

58852. It is hereby declared, as a matter of legislative
determination, that the producers, or handlers, or both producers and
handlers, appointed to any advisory board pursuant to this article
are intended to represent and further the interest of a particular
agricultural industry concerned, and that such representation and
furtherance is intended to serve the public interest. Accordingly,
the Legislature finds that, with respect to persons who are appointed
to such advisory boards, the particular agricultural industry
concerned is tantamount to, and constitutes, the public generally
within the meaning of Section 87103 of the Government Code.