SECTIONS 59721-59738 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 59721-59738

59721. The affairs of each proration zone shall be managed by a
marketing program committee which is appointed in accordance with
this chapter. The director shall appoint the initial marketing
program committee from nominations which are received at the public
hearing upon the proposed program. The term of office of the initial
marketing program committee shall be for one marketing season. The
term of office of subsequent marketing program committees for each
marketing program shall be two years or until their successors have
been appointed and have qualified. The beginning date of the term of
office shall be set forth in the marketing program.

59722. For terms subsequent to the term of the initial committee,
members and their respective alternates shall be selected and
appointed in accordance with the following procedure: The director
shall divide the proration zone into as many districts as may be
necessary for the proper administration of the program, and allot to
each district the proper number of producers to be appointed to serve
as members and alternate members upon a marketing program committee
so as to give as nearly as possible adequate representation to all
producers in all such districts. Members and their respective
alternate members shall be appointed by the director from lists of
producers that are eligible to serve on the marketing program
committee. In addition, the director may appoint one public member on
each such marketing program committee.
Upon the director's request, the committee shall submit to the
director the names of three or more natural persons, each of whom
shall be a citizen and resident of this state and not a producer,
shipper, or processor nor financially interested in any producer,
shipper, or processor, for appointment by the director as a public
member of the committee. The director may appoint one of the nominees
as the public member on the committee. If all nominees are
unsatisfactory to the director, the committee shall continue to
submit lists of nominees until the director has made a selection. Any
vacancy in the office of the public member of the committee shall be
filled by appointment by the director from the nominee or nominees
similarly qualified submitted by the committee. The public member of
the committee shall represent the interests of the general public in
all matters coming before the committee and shall have the same
voting and other rights and immunities as other members of the
committee.

59723. Eligible lists shall be established by the director either
by means of a meeting of producers in each district, or by means of
mail ballot, or by a combination of meetings and mail ballot. The
method to be used shall be determined by the director, except that a
mail ballot shall be granted upon a written request of 10 percent of
the producers. Each producer is entitled to one vote and voting by
proxy is not permitted. From nominations which are made, not less
than three eligible persons shall be selected for each member of the
committee. Any person that is nominated shall be a producer with
producing property which is located within the district for which he
is nominated.

59724. If a corporation or a partnership is a producer, it may
designate a representative who may be a nominee.

59725. Each respective alternate shall be appointed from the same
eligible list from which the member is appointed. Each district in
the proration zone is entitled to at least one member and one
alternate member of the committee.

59726. The marketing program committee may at any time invite any
handler or other person to its meetings to serve in an advisory
capacity and may authorize, subject to the approval of the director,
the payment of compensation and necessary expenses to any person that
is serving in such advisory capacity at rates not to exceed those
which are granted to marketing program committee members.

59727. The director may, if requested by the producer members of
the marketing program committee, appoint on the committee, in
addition to the producer members, not more than three handler members
and their respective alternates who are handlers of the commodity
which is affected by the marketing program of the proration zone.

59728. If grade, quality, or size regulations are authorized under
any marketing program for any commodity which is used for canning,
freezing, fermenting, or distilling, and the regulations are not an
integral part of a proration plan for the purpose of controlling a
surplus condition in the commodity, such grade, quality, or size
regulations or interpretations, or modifications of them, shall be
approved by a grading committee which is appointed by the director. A
grading committee shall consist of the marketing program committee,
or a subcommittee, of at least seven members and an equal number of
processor representatives that are nominated by the industry which is
engaged in the processing of the commodity that is involved. Any
action of the grading committee shall be concurred in by a majority
of the processor members, a majority of the producer members, and by
the director.

59729. The members and alternate members of any marketing program
committee or grading committee which are duly appointed by the
director, including employees of the marketing program committee, are
not responsible individually in any way whatsoever to any person for
liability on any contract or agreement of the committee.

59730. Marketing program committee members are entitled to
compensation at a rate not exceeding ten dollars ($10) each for each
day while engaged on official business. Such compensation shall not,
however, be paid for more than five days in any month unless approved
by the director. The members shall be reimbursed for their necessary
traveling expenses.

59731. An alternate member of a marketing program committee shall
sit as a regular member of the committee if the member for whom he is
an alternate fails for any reason to attend any meeting of the
committee. He shall be compensated and reimbursed for his necessary
traveling expenses in the same manner and to the same extent as a
regular member while so serving.

59732. Any vacancy on the marketing program committee which is
occasioned by the expiration of term of office shall be filled from
eligible lists of producers selected in each district obtained as
provided in Sections 59721 to 59729, inclusive. Any vacancy which is
occasioned by the death or resignation of any member, or by removal
for incompetence, inattention, or neglect of duties as a member of
the marketing program committee, by the director, or by a member who
ceases to qualify as a producer or handler of the commodity which is
concerned, shall be filled from persons who remain on the eligible
lists of producers from which the appointments for the current term
were made, or from new lists which are obtained as provided in
Sections 59721 to 59729, inclusive.

59733. The marketing program committee shall appoint an agent,
subject to the approval of the director, who shall administer the
marketing program under the direction of the marketing program
committee and who may be removed from office in the same manner as he
was appointed. The salary or compensation of the agent shall be
fixed by the marketing program committee, subject to the approval of
the director.

59734. The agent shall appoint such deputy agents and other
assistants as may be necessary to direct the marketing program. Such
appointments are subject to the approval of the program committee.
The agents, deputy agents, and other assistants are employees of the
proration zone and not of the state. An officer or employee shall not
receive compensation which is based on a percentage of volume which
is involved in a marketing program, or in any manner that would lend
encouragement to the promotion of a marketing program for the purpose
of increasing salaries and income.

59735. The marketing program committee, with the approval of the
director, may do all of the following:
(a) Appoint subcommittees in any producing areas within the
proration zone to facilitate the carrying out of the purposes of this
chapter.
(b) Collaborate and cooperate with any agency or organization with
similar purposes, whether of this state, any other state, or of the
United States, in the formulation and execution of any marketing
program or marketing order which has common objectives. In any proper
case, the director may require such collaboration and cooperation.
(c) Cooperate with any duly constituted authority in the
enforcement of other laws of this state, or of the United States,
which are enacted to protect producers or the consuming public from
fraud or deception.
(d) Make contracts and agreements in the furtherance of any of the
powers of the marketing program committee.
(e) Receive, invest, and disburse funds, pursuant to the
provisions of Article 12 (commencing with Section 59941).

59736. The exercise of the powers which are granted to a marketing
program committee in its administration of a marketing program which
is made effective pursuant to this chapter is subject to the approval
of the director.

59737. Upon recommendation of the marketing program committee which
is concerned, the director may, consistent with this chapter,
establish such administrative regulations as may be necessary to
facilitate the administration and enforcement of each marketing
program which is promulgated pursuant to this chapter. Upon the
issuance and making effective of such regulations, notice of the
issuance of the regulations shall be made in the same manner as
provided in Article 16 (commencing with Section 59111), Chapter 1,
Part 2 of this division for marketing orders.

59738. It is hereby declared, as a matter of legislative
determination, that producers, or handlers, and processors appointed
to any committees 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 committees,
the particular agricultural industry concerned is tantamount to, and
constitutes, the public generally within the meaning of Section 87103
of the Government Code.