SECTIONS 59801-59824 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 59801-59824

59801. The powers which are granted to a marketing program
committee by a marketing program pursuant to this article may be
exercised for the purpose of minimizing the effect of any surplus or
other adverse market condition.

59802. A marketing program may authorize the marketing program
committee to establish and maintain stabilization and surplus pools.
The marketing of green ripe olives is not, however, subject to the
provisions of any marketing program which relates to the esablishment
and operation of stabilization and surplus pools.

59803. The program committee may receive from each producer for
delivery into a stabilization or surplus pool the uncertificated
portions of the commodity which is regulated by the marketing program
and market it by any variety, grade, or size for the account of the
producers if the uncertificated portion can be disposed of
advantageously either in its original or a converted state. The
marketing program committee shall designate the quantity or the
percentage of the marketable supply of the commodity that shall be
placed in the stabilization pool and the quantity or the percentage
of the marketable supply of the commodity that shall be placed in the
surplus pool. Any quantity or percentage which is so established is
applicable to each producer.

59804. In operating any stabilization or surplus pool, the
marketing program committee may receive and account for the commodity
on the basis of variety, grade, or size classifications, and may fix
servicing charges to be assessed against the total quantity of any
commodity which is received into the pools.

59805. The marketing program committee has title to all of the
commodity in each of the pools and shall handle all of the commodity
received into each of the pools and account for it to each producer
that is beneficially interested in such commodity upon a pooled
basis.

59806. The contents of a stabilization pool may be disposed of or
may be marketed, from time to time, as the marketing program
committee deems advisable, consistent with the maintenance of
stabilized marketing conditions.

59807. The contents of a surplus pool shall not be marketed in any
form which would directly compete with that portion of the commodity
which is regularly certificated or which is in a stabilization pool.
Any part of any surplus pool may, however, be transferred by a
marketing program committee on a gratuitous basis to any charitable
organization, self-held cooperative, or similar agency under proper
safeguards to prevent any part of the commodity so disposed of from
directly competing with the part of the commodity which is marketed
through the usual channels of trade.

59808. A marketing program may authorize the marketing program
committee to establish and maintain diversion or substandard pools.
The program committee may receive from each producer for delivery
into a diversion or a substandard pool such quantity of each producer'
s production or deliveries as fails to qualify for marketing or sale
in regular marketing channels, under grade, quality, or size
regulations which are established in the marketing program or under
standardization laws or other laws of this state or of the United
States.

59809. In operating any such diversion or substandard pool, the
marketing program committee may fix servicing charges to be assessed
against the commodity which is received into the pool and may receive
and account for the commodity on a basis of variety, grade, and size
classifications. The program committee has title to all of the
commodity in either of the pools and shall handle all of the
commodity which is received into either of the pools and account for
it to each producer that is beneficially interested in such upon a
pooled basis.

59810. The contents of any diversion or substandard pool shall be
disposed of for byproducts or for other purposes under proper
safeguards to prevent that part of the commodity which is so disposed
of from directly competing with the part of the commodity which is
marketed in its usual form through the usual channels of trade.

59811. A marketing program may authorize the marketing program
committee to create, establish, or otherwise obtain and operate any
facility for the storing, financing, grading, packing, servicing,
processing, preparing for market, selling, or disposal of the
contents of any pools which are provided for in this article. A
marketing program committee shall not, however, engage in public
warehousing.

59812. The marketing program committee may pledge all of the
commodity that is in any pool which is established pursuant to any
provision of this article with a bank or other lending agency for the
purpose of obtaining loans upon such commodity. The marketing
program committee has title to all of the commodity which is in any
such pools for the purpose of financing and handling.

59813. A marketing program may authorize the marketing program
committee to create, by a uniform assessment upon producers based
upon the volume of the commodity which is marketed by each, or upon
some other uniform and equitable basis, maintain, and disburse an
equalization fund to be used for the removal of any inequalities
between producers as to the total volume which is marketed through
prorated channels that result from errors in estimating production or
surplus, or for indemnifying producers whose production, in whole or
in part, is diverted in green form or otherwise from normal
marketing outlets, or diverted to relief, byproducts, or other
noncompetitive purposes pursuant to a marketing program.

59814. No part of any funds which are raised for equalization fund
purposes, as specified in Section 59813, shall be applied to the cost
of maintenance of the department.

59815. A marketing program may authorize the marketing program
committee to establish, adopt, and apply methods for correlating the
marketable supply of any commodity to the reasonable market demands
by means of volume limitation, time limitation, diversion, or by
grade, quality, or size regulations which are applicable to the total
production of any commodity, or to that portion of any commodity
which qualified for marketing pursuant to standards which are
authorized in the marketing program, standardization laws, or other
laws of this state, or of the United States.
The marketing of green ripe olives is not, however, subject to the
provisions of any marketing program which limits the total quantity
of such commodity which may be marketed.

59816. A marketing program may authorize the marketing program
committee to broaden distribution and increase consuming outlets by
appropriate educational and trade stimulation efforts of a general
industry nature and not unfairly depreciative of the quality of any
other food product.

59817. Educational and trade stimulation efforts may include all of
the following:
(a) Efforts to prevent, modify, or remove trade barriers which
directly affect the commodity to which the marketing program applies.
(b) The presentation of facts to, and negotiations with, any
state, federal, or foreign governmental agency on any matter which
affects the marketing of the commodity.

59818. For the purpose of providing funds to defray the cost of
formulating, administering, and enforcing educational and trade
stimulation efforts, a fee or assessment shall be established and
collected upon the volume of the commodity which is marketed or upon
some other uniform and equitable basis.
The fee may be collected separately by the marketing program
committee or may be combined with any fee which is collected for
general administrative purposes, in which case the marketing program
committee may recommend to the director, and the director may
approve, the proportions of the combined fee which may be expended
for each of such purposes.

59819. Any portion of the funds which are collected during any
marketing season to accomplish the purposes of Sections 59816, 59817,
and 59818 may, subject to the approval of the director, be carried
forward for expenditure during any season subsequent to the season
during which the funds are collected.

59820. Any educational and trade stimulation efforts which are
authorized by any marketing program if approved by growers, either by
written assent or by referendum ballots, for a specified period of
time, but not exceeding four years, may be carried out for such
period without the necessity of a biennial referendum as required in
Section 59981.

59821. A marketing program may authorize the marketing program
committee to provide for the adjustment of production of any
commodity by means of tree or vine pulling. The marketing program
committee may receive applications from producers for acreage
adjustment payments. The marketing program committee shall, upon
proper review and certification, make such acreage adjustment
payments on an equitable basis from funds which are collected for
that purpose under the marketing program on a uniform basis from all
commercial producers of the commodity within the proration zone, or
from funds which are received from any federal, state, or other
agency for that purpose.

59822. A marketing program of production adjustment adopted under
Section 59821 shall not authorize any payment for the removal of
acreages of trees or vines of any species or variety specified in the
marketing program which have, during the three years immediately
preceding the date of application, produced an annual yield per acre
in excess of the comparably computed average yield from bearing trees
or vines of the same species or variety for the state as a whole.
Such yields and averages shall be determined by the director from
statistical data which is compiled by any state or federal agency or
such other data as the director deems to be representative and
reliable.

59823. If the marketing program committee finds that the results of
research would be advantageous in the administration of a marketing
program, it may, subject to the approval of the director, authorize
and arrange for research to be conducted. The cost of the research
shall be considered a part of the cost of the administration of that
portion of the marketing program for which the research is
authorized.

59824. In any such research, the Dean of the College of Agriculture
of the University of California and the program committee shall
cooperate in selecting the research projects to be carried on from
time to time. Insofar as practicable, the projects shall be carried
out by the College of Agriculture, but if the dean of the college and
the marketing program committee determine that the college has no
facilities for a particular project or that some other research
agency has better facilities for it, the project may be carried out
by any other research agency which is selected by the dean and the
marketing program committee.