SECTIONS 64151-64158 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 64151-64158

64151. The duties of the council are advisory, except as to those
duties which may be delegated to it by the director. The council may,
subject to the approval of the director, exercise any of the
following powers:
(a) To recommend to the director administrative regulations which
relate to the administration and enforcement of this chapter.
(b) To investigate all matters which affect the administration of
this chapter, and to report violations of it to the director.
(c) To employ and, at its pleasure, discharge a manager and such
clerical help and other employees as it deems necessary, and to
prescribe their duties and powers and fix their compensation.
(d) To contract with, or employ, and, at its pleasure, discharge
such consultants and agencies as it deems necessary, and to outline
their powers and duties and fix their compensation.
(e) To establish offices and incur expenses incidental thereto.
(f) To recommend to the director the making of such advertising
contracts and other agreements as may be necessary to promote the
sale of dairy products on either a local, state, national, or
international basis.
(g) To cooperate with any other local, state, or national
commission, organization, or agency, whether voluntary or created by
state or national law, and engaged in work or activities similar to
the work and activities of the council, and recommend to the director
the making of contracts and agreements with these organizations or
agencies for carrying on joint campaigns of research, education, and
advertising. In matters of research, the council shall, however,
cooperate with organizations of recognized professional standing
which are adequately equipped with facilities for the research which
is contemplated.
(h) To recommend to the director the institution and promotion of
scientific research to develop or discover, or both to develop and
discover, the health, food, therapeutic, dietetic, and industrial
uses of milk and its products and derivatives.
(i) To cooperate with other public and private agencies which are
engaged in similar work or activities in order to avoid or minimize
any overlapping or duplication of work or conflict.
(j) Receive, invest, and disburse funds, pursuant to Article 11
(commencing with Section 64300).

64153. Annually, prior to July 1 of each year, the council shall
formulate and transmit to the director statements of its recommended
activities and proposed budget for the coming fiscal year. The
statements shall:
(a) Be based on and made after an investigation by the council of
the necessities of the dairy industry and the extent of the public
interest, necessity, and convenience to be served by those
recommended activities.
(b) Describe the council's recommended programs of research,
education, publicity, and advertising.
(c) Set forth in a proposed budget the amounts which are deemed
necessary to be allocated by the director both to effectuate these
programs and to perform his or her administrative duties pursuant to
this chapter, which budget shall include reasonable amounts for
contingencies.
(d) Be in such form and detail as the director, in the reasonable
exercise of his or her judgment, deems necessary to adequately show
whether or not the activities are warranted by the facts which are
disclosed by the statements and are authorized by this chapter.

64154. If the activities and budgeted amounts which are recommended
by the council and are described in the statements provided for in
Section 64153 are warranted by the facts which are disclosed by the
statements and are authorized by this chapter, the director shall
approve the activities for the council programs, in writing, within
20 days after each of the statements has been submitted to him or
her. The director shall also approve, in writing, the budget provided
for in subdivision (c) of Section 64153 within 20 days after the
budget has been submitted. If the director refuses or fails to give
any such approvals within the required periods, the director shall
notify the council promptly of his or her refusal or failure to
approve the activities or budget and give his or her reasons,
specifically, for the refusal or failure.
Expenditures for political contributions or for lobbying are not
authorized.

64155. The council shall keep accurate books, records, and accounts
of all its transactions, dealings, contracts, agreements, funds, and
expenditure, which shall at all times be open to inspection and
audit by the department. Any ballot which is filed with the director
pursuant to this chapter is confidential and shall not be divulged
except when necessary for the proper determination of any court
proceedings or hearing before the director.

64157. The council shall request the director to submit to it an
annual budget which sets forth in reasonable detail the proposed
expenditures which he or she deems necessary for the performance by
him or her and by the department of the duties which are imposed upon
them by this chapter. The council shall also request the director to
submit to it an annual statement, in reasonable detail, of his or
her expenditures pursuant to this chapter.

64158. The council shall, annually, report to the members of the
dairy industry on the activities and programs, including, but not
limited to, the income and expenses, the fund balance, and a report
of progress in achieving program goals, as prescribed by the
director.