SECTIONS 59171-59176 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 59171-59176

59171. Upon recommendation of the advisory board which is
concerned, the director may, without prior notice to, and public
hearing for, the producers or handlers of the commodity which is
directly affected, issue and make effective seasonal marketing
regulations or modifications of such regulations if all of the
following requirements are complied with:
(a) The marketing order, or agreement concerned provides for the
issuance or modification of such seasonal marketing regulations
without requiring such prior notice and public hearing and sets forth
the limits within which such seasonal marketing regulations may be
made effective or subsequently modified by the director.
(b) The director finds that such seasonal marketing regulations or
modifications of them are reasonable and proper and a practical
means of carrying out the marketing provisions which are authorized
in such marketing order or agreement and will tend to effectuate the
declared purposes and policies of the chapter with respect to such
commodity.

59172. Seasonal marketing regulations shall be applicable to a
particular marketing order or agreement for the purpose of carrying
into effect by administrative order, the marketing regulatory
authorizations and provisions of such marketing order or agreement as
such authorizations or provisions may be applicable to, or required
by, changing economic or marketing conditions and requirements, from
time to time, during each marketing season in which such marketing
order or agreement may operate.

59173. Seasonal marketing regulations shall not extend beyond the
marketing regulatory authorizations which are specified in the
marketing order or agreement concerned, or modify or change the
language of such marketing order or marketing agreement by adding to,
or subtracting from, such marketing order or agreement any of the
marketing regulatory authorizations which are classed in Article 13
(commencing with Section 59021) of this chapter as major amendments,
or modify the language of any marketing order or agreement for the
purpose of clarification as provided in Article 14 (commencing with
Section 59051) of this chapter for minor amendments.

59174. Notice of the issuance and the effective date of any such
seasonal marketing regulations, or modifications of them, shall be
given by the director to all producers and handlers that are directly
affected by any such regulations in the manner and within the time
which is specified in the applicable marketing order or agreement, or
as specified in the administrative rules and regulations which are
made effective for such marketing order or agreement pursuant to
Article 18 (commencing with Section 59161) of this article.

59175. It is recognized that, with respect to some commodities,
marketing, weather, and other conditions may change so rapidly as to
require changes in seasonal marketing regulations from week to week
or oftener.

59176. It is intended that the provisions of this article be
interpreted liberally so that the director may carry out the
marketing regulations and procedures authorized in this article in a
practical and effective manner.