SECTIONS 64101-64118 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 64101-64118

64101. There is in the state government the Dairy Council of
California which shall consist of not less than 24, nor more than 25
members. The membership of the council shall be as follows:
(a) There shall be 12 members that are actually engaged in the
production of milk, or that represent producers that are actually
engaged in the production of milk. These 12 members are the producer
members of the council.
(b) There shall be 12 members that are handlers or
producer-handlers of dairy products. These 12 members are the handler
members of the council.
(c) Upon the recommendation of the council, the director may
appoint one person who is neither a producer, handler, or
producer-handler, and who shall represent the public generally.

64103. Officials or members, otherwise qualified, of corporations,
associations, and other business units, which are actually engaged in
business as producers, producer representatives, handlers, or
producer-handlers of dairy products, are eligible to be members of
the council.

64104. The terms of office of the members of the council shall be
three years. Appointments shall be made so that the terms of eight
members shall expire at the end of one year, eight at the end of two
years, and nine at the end of three years.

64105. Any vacancy occurring during the unexpired term shall be
filled by the director for the unexpired term from the list of
eligible nominees from the nominations received by him pursuant to
Section 64108. The director may remove any member of the council for
cause deemed sufficient by him and upon such removal there shall be a
vacancy which shall be filled in the manner as provided in this
section for the unexpired term.

64106. During the month of October of each year, the director shall
prepare and mail nomination forms to all producers,
producer-handlers, and handlers for the purpose of receiving from
them nominations of members of the council. Forms shall be mailed to
the list provided for in Section 64072.

64107. The director shall determine the time permitted to file
nominations, which shall not exceed 30 days.

64108. (a) Every producer may nominate a nominee for each
membership on the council which is to be filled by a producer.
(b) Every handler and producer-handler may nominate a nominee for
each handler membership on the council.
(c) Producer representatives may be nominated in the same manner
as provided in subdivision (a), except that to be eligible for
appointment, the producer representative shall furnish to the
director a resolution in writing which shows the official action of
the board of directors of the organization he represents so
nominating him.

64109. Promptly after termination of the time which is allowed by
the director for filing nominations, the director shall make the
required number of appointments.

64110. A majority of the members of the council shall constitute a
quorum for the transaction of all business, including the election of
officers.

64111. The council shall select from its number, to serve at its
pleasure, a chairman and vice chairman who together with at least
three, and not more than five, other members selected by the council
shall constitute the executive committee of the council. The
executive committee shall have and exercise such powers of the
council as the council may delegate to it.

64112. The council shall have two regular meetings in each year at
times and places fixed by the council. The times for regular meetings
shall be fixed so that there shall be an interval of at least four
calendar months between such meetings. The council may meet in
special meetings at any time and place at the call of the chairman.
The executive committee shall have four regular meetings each year at
times and places fixed by it, and may meet in special meetings at
any time and place at the call of the chairman.

64114. The appointed members of the council shall receive one
hundred dollars ($100) per day for each day spent in actual
attendance at the meetings or on the business of the council and
shall be reimbursed for necessary traveling and other expenses which
are incurred in the performance of their official duties.

64115. No member of the council, except a member of the executive
committee, shall receive compensation for more than 10 days' service
per year. No member of the executive committee shall receive
compensation for more than three days' service per month.

64116. The members of the council who are duly appointed by the
director, including employees of such council, shall not be held
responsible individually in any way whatsoever to any person for
liability on any contract or agreement of the council. All salaries,
expenses, costs, obligations, and liabilities which arise out of the
administration and enforcement of this chapter are payable only from
funds which are collected pursuant to the provisions of this chapter.

64117. The director may require any employee or agent of the
council to give a fidelity bond which is executed by a surety company
that is authorized to do business in this state in favor of the
director, in such sum, and containing such terms and conditions, as
the director may prescribe. The cost of any such fidelity bond shall
be paid from the funds which are collected pursuant to this chapter.

64118. It is hereby declared, as a matter of legislative
determination, that producers, handlers, and producer-handlers
appointed to the council 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
council, the particular agricultural industry concerned is tantamount
to, and constitutes, the public generally within the meaning of
Section 87103 of the Government Code.