SECTIONS 63901-63905 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 63901-63905

63901. The Legislature hereby finds and declares that the
agricultural and seafood industries are vitally important elements of
the state's economy and are supported by state established
commissions and councils specified in this division that are mandated
to enhance and preserve the economic interests of the State of
California and are intended to do all of the following:
(a) Implement public policy through their expressive conduct. The
programs conducted by these commissions and councils are among the
broad range of state-mandated regulatory programs that are funded by
the public through user fees assessed in accordance with each person'
s relationship to a particular program.
(b) Reflect a continuing commitment by the State of California to
its agricultural and seafood industries that are integral to its
economy. These industries are a source of substantial employment for
the state's citizens, produce needed tax revenues for the support of
state and local government, encourage responsible stewardship of
valuable land and marine resources, and produce substantial necessary
food and fiber for the state, nation, and world.
(c) Represent a policy of support for persons engaged in the
agricultural and seafood industries, which are critically important
elements of the state's economy. These commissions and councils are
particularly important for the continued success of California's
unique agricultural and seafood industries which tend to be
decentralized with many small entities operating in diverse
locations.
(d) Provide benefit to the entire industry and all of the people
of this state. The commissions and councils are not enacted, and are
not intended to produce measurable benefit, on an individual basis,
and their successes should be evaluated by analyzing the extent to
which they have improved the overall conditions for the particular
commodity subject to the commission's or council's jurisdiction with
resulting benefit to the overall economy of the state.
(e) Enhance the image of California agricultural and seafood
products to increase the overall demand for these commodities. In
this fashion, the Legislature intends that the commissions and
councils operate primarily for the purpose of creating a more
receptive environment for the commodity and for the individual
efforts of those persons in the industry, and thereby compliment
individual, targeted, and specific activities.

63901.3. The Legislature further finds and declares that commission
and council activities are essential to the goals and interests of
the State of California that include, but are not limited to, all of
the following:
(a) Research, including, but not limited to, production research,
food safety research, marketing research and trends analysis, and
research relating to crop protection and production materials.
(b) Elimination of tariff and nontariff trade barriers.
(c) Consumer education relating to the health and other benefits
of using and consuming agricultural and seafood products.
(d) Consumer education relating to environmental protection and
conservation.
(e) Demand-side regulation that stabilizes the flow of product to
market through promotion.
(f) Analysis of the impact of federal, state and foreign
regulation.
(g) Cooperative crisis resolution that impacts public health and
safety and the continued stability of the industry.
(h) Participation with state and federal agencies in negotiating
with other governments relating to market access issues such as
phytosanitary issues, shipping protocols, crop protection residues,
packaging, labeling, and other issues raised by countries imposing
trade barriers on the import of agricultural and seafood products
into their markets.
(i) Industry self-regulation to establish and maintain grade,
size, and maturity standards and to stabilize the flow of product to
market.

63901.4. The Legislature further finds and declares that mandated
cooperative efforts engaged in by the commissions and councils have
proven to be effective methods to avoid economic waste and maintain
stable agricultural markets. These cooperative efforts are intended
to work subject to, and together with, the constraints placed on the
agricultural industry by state and federal statutes and regulations
and international restrictions.

63902. In addition to any specific provisions regarding grievance
procedures, and consistent with the nature of the commissions and
councils established pursuant to Part 2 (commencing with Section
64001) and the desire to resolve conflicts in the most timely and
cost-effective manner, any person subject to this division shall file
a grievance with the appropriate commission or council, and exhaust
all administrative remedies prior to the initiation of any litigation
based on a claim, express or implied, that the activities undertaken
by the commission or council do not directly or materially advance
the interests of the State of California as set forth in this part.

63903. In addition to the authority granted to any commission by
Part 2 (commencing with Section 64001), those commissions may
commence or participate in administrative and civil actions relative
to the activities of the commission.

63904. The Legislature finds and declares that the councils and
commissions operating pursuant to this division are duly constituted
authorities of this state for purposes of subdivision (i) of Section
610 of Title 7 of the United States Code.

63905. (a) Any commission or council may petition the secretary to
adopt and administer any activity authorized pursuant to the
California Marketing Act of 1937 (Chapter 1 (commencing with Section
58601) of Part 2 of Division 21) relating to the commodity that is
covered by any commission or council. Adoption and administration of
the activity by any commission or council shall be in accordance with
the act.
(b) Any commission or council may petition the secretary to
administer any activity that the commission or council is authorized
to engage in, and that is authorized pursuant to the California
Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of
Part 2 of Division 21), relating to the commodity that is covered by
any commission or council. If the secretary accepts the petition, the
commission or council shall reimburse the secretary for his or her
actual cost for administering the activity. The secretary may waive
referendum under the act if, following a hearing, the secretary
determines that there is no substantial question of opposition to
doing so among affected assessment payers. Administration of the
activity by the secretary shall be in accordance with the act.
(c) As determined by the secretary, the governing body of the
commission or council may serve as the advisory board with respect to
any activity recommended and approved pursuant to this section.
(d) As used in this section, "substantial question of opposition"
means opposition to the substance of the petition among currently
affected assessment payers, and is not intended to mean a particular
number of assessment payers.