SECTIONS 63121-63129 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 63121-63129

63121. Any marketing order affecting processing strawberries shall
require that each time during a marketing season that a processor
establishes or changes purchase prices for processing strawberries,
the processor shall, on or before the effective date of the purchase
prices, post a schedule of the purchase prices at each receiving
station for which each schedule applies, and file each schedule with
the marketing order advisory board established under the marketing
order. The advisory board shall, within five days of the effective
date of each purchase price schedule, mail or deliver a copy of the
schedule to every other processor. Except as otherwise provided in
this chapter, a processor shall acquire processing strawberries at
the filed purchase price.

63122. The director shall adopt a seasonal marketing regulation
pursuant to Section 59171 for price filing and posting. The
regulation shall not become effective prior to April 1 of any year.

63123. The director, with the assistance of the advisory board,
shall establish administrative rules and regulations that provide
for, but are not limited to, the specific manner of filing, posting,
and revising purchase prices and any additional action necessary to
assure adequate public disclosure of purchase prices.

63123.5. Any contract which is not exempt pursuant to Section
63124, including, but not limited to, any contract which makes a
reference to a posted price for the purchase of strawberries by a
processor from a producer and which also provides an additional
purchase price, as defined by the director by regulation pursuant to
Section 63123, shall be filed with the advisory board and posted in
the manner prescribed by the director.

63124. (a) The following are exempt from this chapter:
(1) An integrated producer-processor. This exemption does not
apply to the acquisition of strawberries for processing from any
person who is not involved in a proprietary manner in the integrated
producer-processor operation and who is not compensated for
strawberries delivered through a proportionate share of the profits
of the business entity.
(2) A processor registered in the state as a bona fide nonprofit
cooperative when it acquires strawberries from members of the
cooperative. This exemption does not apply to the acquisition of
strawberries for processing from any person who is not a member of
the cooperative.
(3) A contract with a fixed purchase price for the purchase of
processing strawberries by a processor from a producer which is
entered into and filed with the advisory board on or before the
effective date of any seasonal marketing regulation for price filing
and posting adopted pursuant to this chapter.
(4) Any contract for the purchase of strawberries for processing
by a processor from a producer entered into prior to January 1, 1985,
and filed prior to the effective date of any seasonal marketing
regulation for price filing and posting adopted pursuant to this
chapter.
(5) A contract that makes a reference to a processor's posted
price for the purchase of processing strawberries by the processor
from a producer which does not contain an additional purchase price,
as defined by the director by regulation pursuant to Section 63123.
(b) Notwithstanding any other provision of this chapter, any
contract which is exempt from this chapter pursuant to subdivision
(a) shall be filed with the advisory board in the manner prescribed
by the director pursuant to Section 63123.
(c) Information obtained by the advisory board pursuant to this
chapter shall be maintained in confidence. However, the advisory
board may disclose, upon request, whether a particular producer's
processing strawberries are covered by an exempt contract or other
arrangement.

63125. The director shall actively supervise the requirements of
this chapter and conduct an annual review of its provisions. The
review may include an analysis of written reports from processors
which the director is authorized to require, an investigation of
industry conditions, an audit of processor records required to be
maintained pursuant to this chapter, and any other actions relating
to this chapter that are deemed necessary by the director.

63126. On or before the last day of each year in which a marketing
order exclusively affecting processing strawberries is in effect, the
director shall prepare and file with the Legislature a written
report of the operations of this chapter and shall make
recommendations regarding its various provisions. Each report and
recommendation shall be based on determinations made by the director
as a result of the annual review specified in Section 63125.

63127. The director shall suspend the requirements of this chapter
if he or she determines as a result of the annual review and states
in the annual report required in Section 63126 that price filing and
posting is not required to prevent unfair trade practices. The
suspension shall apply to the year following the determination unless
legislation requiring the adoption of a seasonal marketing
regulation for price posting is enacted prior to April 1 of that
year.

63128. This chapter does not apply to the acquisition of
strawberries for processing by a processor from another processor.

63129. The director shall amend any existing marketing order
exclusively affecting processing strawberries in a manner necessary
to conform to this chapter without the necessity of complying with
any provisions of Chapter 1 (commencing with Section 58601) of Part 2
including those sections relating to the amendment of a marketing
order.