SECTIONS 59607-59619 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 59607-59619

59607. The director may appoint an attorney and shall provide for
such other personnel as may be necessary and shall prescribe their
duties.

59611. The director may conduct hearings and investigations to
carry out the intent and purposes of this chapter.

59612. In the conduct of any hearing, inquiry, or investigation,
the director may administer oaths, and issue subpoenas for the
attendance of witnesses and the production of papers, books, maps,
accounts, documents, and testimony in any inquiry, investigation, or
hearing which is ordered or undertaken in any part of the state.

59614. The superior court of the county in which any inquiry,
investigation, or hearing is held may compel the attendance of
witnesses and require the disclosure by the witnesses of all facts
known to them, relative to the matters under investigation, and the
production of papers, maps, books, accounts, documents, and testimony
as required by any subpoenas issued by the director.

59615. Any party that disobeys any order or subpoena which is
issued pursuant to the authority of the director is guilty of
contempt and shall be certified to the superior court of the county
in which the contempt occurs, which court shall punish the contempt.

59616. The director through his duly authorized representatives and
agents, including any proration zone agent who is in charge of a
marketing program, shall have access, solely for the purposes of
investigating possible violations of any marketing program, to the
records of every producer, dealer, distributor, public or private
property transporatation agency, and handler of a commodity as to
which a marketing program has been instituted. He shall have at all
times free and unimpeded access to any building, yard, warehouse,
store, or transportation facility or other place in which any
commodity under a marketing program is kept, stored, handled, or
transported. All information which is obtained is confidential and
shall not be disclosed unless required in a judicial proceeding.

59617. In carrying out his duties under this chapter, the director
may utilize the facilities and personnel of the state and county
departments of agriculture.

59618. A full and accurate record of business or acts which are
performed, or of testimony which is taken pursuant to the provisions
of this chapter, shall be kept and be placed on file in the office of
the director.

59619. The director may purchase general liability insurance for
all marketing programs subject to the provisions of this chapter in
an amount he or she determines as necessary. The cost of the
insurance shall be paid by the affected marketing programs on a pro
rata basis. The insurance policy shall name the director, in his or
her official capacity, and all persons, collectively, that are
subject to the marketing program as insured parties for claims made
against the marketing program in its advisory capacity to the
director or against the director regarding the activities of the
marketing program. The director, after consultation with the Attorney
General, may refer claims to the insurance carrier for appropriate
action. In the alternative, the director may require that claims be
handled in the manner otherwise specified in this chapter.