SECTIONS 61891-61904 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 61891-61904

61891. The director shall enforce the provisions of this chapter
and of any stabilization and marketing plan initiated pursuant to the
provisions of this chapter. The director shall adopt those
regulations necessary for the proper administration and enforcement
of the provisions of this chapter.

61892. The director shall have and may exercise any or all the
powers conferred by the Government Code upon the head of a department
of the state with respect to hearings and investigations under this
chapter.

61893. The director is the instrumentality of this state for the
purpose of administering and enforcing the provisions of this chapter
and to execute the legislative intent expressed in this chapter, and
is hereby vested with the administrative authority described in this
chapter. Notwithstanding other laws to the contrary, in the event a
milk marketing order under the jurisdiction of the United States
Department of Agriculture or other appropriate federal agency, is
created by referendum or under the applicable laws and procedures
relating thereto, in this state or in any geographical area within
this state, the provisions of this chapter or any part thereof which
is in conflict with such federal order, or which is unnecessary or is
a duplication thereof, shall be suspended in the geographical area
covered by and during the existence of such federal order. The
director shall take such steps and procedures as are necessary to
wind up and conclude the administration and enforcement of the
provisions of this chapter, or any part thereof, for the period prior
to the suspension date.

61894. For the purposes of enforcing this chapter, the director may
investigate any and all transactions, between producers and
handlers, between nonprofit cooperative associations and producers,
among handlers, or between handlers and wholesale customers, among
wholesale customers, between handlers and consumers, or between
wholesale customers and consumers. For that purpose, the director
shall have access to, and may enter at all reasonable hours, any
place where market milk is being stored, bottled, or manufactured,
where market milk or any market milk product is being bought, sold,
or handled, or where the books, papers, records, or documents which
relate to those transactions are kept. He may inspect and copy those
books, papers, records, or documents in any place within the state.

61895. The director may require the registration of producers.

61896. The director may formulate any stabilization and marketing
plan as prescribed in this chapter and declare it effective after
public hearing and reasonable notice by mail or otherwise to all
producers, handlers, and consumer organizations who have filed
requests with the director or the Director of Consumer Affairs.

61897. A full and accurate record of business or acts performed, or
of testimony taken, by the director pursuant to this chapter shall
be kept and placed on file in the office of the director.

61898. In addition to the compilation of information which pertains
to market milk from the reports required by this chapter, the
director shall collect, assemble, compile, and distribute statistical
data relative to market milk, other milk and milk products, and such
other information as may relate to the dairy industry and the
provisions of this chapter.

61899. Any order of the director made pursuant to this chapter
which substantially affects the rights of any interested party may be
reviewed by any court of competent jurisdiction. Any such action
shall be commenced within 30 days after the effective date of the
order complained of, or within 30 days after the injurious effect
complained of becomes reasonably apparent.

61900. The director may confer, enter into agreements, or otherwise
arrange with the constituted authorities of this state, other
states, or agencies of the United States with respect to plans which
relate to the stabilization and distribution of market milk within
this state or as between this state and other states or the United
States, and may exercise his powers pursuant to this chapter to
effectuate and enforce such plans.

61901. All money received by the director pursuant to this chapter
shall be paid monthly into the State Treasury to the credit of the
Department of Food and Agriculture Fund. Funds which are so collected
may only be used to defray expenses in connection with the
administration of this chapter, Chapter 1 (commencing with Section
61301), and Chapter 2.5 (commencing with Section 62500).

61902. If the director determines that it is probable that one or
more factors or conditions which affect prices of market milk have
changed on a relatively uniform basis throughout two or more
marketing areas, he may consolidate the hearings on the matter of
price changes for such areas. No price change shall be made as a
result of such a consolidated hearing unless the amount of the change
or the resulting prices are uniform throughout the areas which are
affected.

61903. Any person who has testified under oath at a public hearing
held by the director pursuant to this chapter may be granted, upon
request prior to the close of the hearing, a period of time not to
exceed 10 calendar days following the closing date of the public
hearing, in which to file with the director a written posthearing
brief in amplification, explanation, or withdrawal of that person's
testimony. Any such posthearing brief shall be made available by the
director to any interested person for inspection. Except as herein
provided, the director, in formulating any stabilization and
marketing plan, pursuant to this chapter, following a public hearing,
shall not accept or consider any posthearing brief. Nothing in this
section shall require the director to prepare, or to make available,
any verbatim transcript or other record or summary of the hearing
within the 10-calendar-day period referred to in this section.
However, any verbatim transcript or other record or summary of the
hearing prepared for or by the director shall be made available to
any interested party for inspection at the office of the director in
Sacramento and, upon reasonable request, at the regional office of
the director nearest the location at which the public hearing was
held.

61904. Any provisions of a stabilization and marketing plan
formulated, established, or rejected by the director pursuant to this
chapter, shall be accompanied by written statements, which shall be
made available by the director to any interested person upon request,
stating in substance the considerations upon which such plan
provisions and minimum prices are based, or upon which such
provisions and prices were rejected.