SECTIONS 64591-64605 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 64591-64605

64591. There is in the state government the California Beef Council
which consists of 20 members and 20 alternates, all of whom shall be
citizens and residents of this state and producers, packers, or
processors.
The secretary shall appoint to the council six range cattlemen,
six cattle feeders, and six dairymen nominated as producers and two
packers or processors as hereinafter provided for, giving due regard
to proper geographic distribution. This requirement shall not,
however, operate to remove from office any member of the council.
Subject to the provisions of this section and of Section 64592,
present members of the council shall be eligible for reappointment.

64591.1. Notwithstanding other provisions of this article, the
director shall, with or without nominations, appoint one member and
one alternate member to the council to represent the general public,
in addition to the 20 members of the council otherwise provided for.
Such persons shall not be affiliated in any way with the production
or marketing of beef and shall have all of the rights and privileges,
including voting, of any other member or alternate member of the
council. The regular term of office of any member or respective
alternate member appointed pursuant to this section shall be as close
as possible to three full years and shall terminate on December 31
of the year which will provide for more than two but not more than
three full years in office.

64592. The terms of office of the members and alternates of the
council shall be three years, except as provided in this section. The
first appointments made under this chapter shall be so made that the
terms of six members and their alternates shall expire at the end of
one year, six members and their alternates shall expire at the end
of two years, and seven members and their alternates shall expire at
the end of three years. However, the terms of the first members and
alternates appointed from slaughterers pursuant to amendments made to
this section during the 1973 portion of the 1973-74 Regular Session
of the Legislature shall be for three years.
Any vacancy which occurs during the unexpired term shall be filled
by the director for the unexpired term from the eligible nominees.
No council member or alternate shall serve more than two consecutive
three-year terms. Service as an alternate does not disqualify a
person to then serve two such terms as a member, and a member who was
appointed for a one- or two-year term may serve two additional
three-year terms.
The director may remove any member of the council or alternate for
cause and upon such removal there is a vacancy which shall be filled
in the manner as provided for the unexpired term.

64593. With or without recommendations or other nominations from
the council or otherwise, during September and October of each year,
the secretary may, if deemed appropriate or necessary by him or her,
provide notice of, and hold, producer nomination meeting or meetings
or may prepare and mail nomination forms to producers, for the
purpose of receiving nominations for producer membership on the
council. When nomination forms are mailed, the secretary shall
utilize existing department lists of producers, packers, or
processors. The secretary may also provide notice of, and hold,
packer or processor nomination meeting or meetings or otherwise
receive nominations for packers or processors, as deemed appropriate
by him or her, including, but not necessarily limited to, nominations
received by mailing similar nomination forms to the packers or
processors on existing department lists. Notwithstanding other
provisions of this section, the secretary may, whenever and in any
manner deemed necessary and appropriate by him or her, obtain
nominations of producers, packers, or processors for membership on
the council.

64595. Press releases or other notice of nomination procedures,
when conducted by mail, shall indicate that nominations shall be
mailed to the director at his office in Sacramento and that the
director will consider all nominations received by mail, within the
time designated by him. Nominations by mail shall set forth (1) the
name and address of each nominee, (2) whether each nominee is being
nominated as a member or alternate member, (3) the type of producer
(dairy, feeder, or range cattle) of each nominee, or, if a nominee is
a slaughterer, that fact, and (4) the signature and address of the
nominator.

64596. A majority of the members of the council shall constitute a
quorum for the transaction of all business, including the election of
officers.

64598. The council shall select annually from its number, to serve
at its pleasure, a chairman and vice chairman who, together with five
other members selected annually 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.

64599. The council shall have two regular meetings in each year at
times and places which are fixed by the council. The times for
regular meetings shall be fixed so that there is 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 or upon the written request of five members of the council.
The executive committee shall have two regular meetings each year at
times and places which are fixed by it, and may meet in special
meetings at any time and place at the call of the chairman or on call
of a majority of the members of the executive committee.

64600. The members of the council shall be reimbursed for necessary
traveling and other expenses incurred in the performance of their
official duties.

64601. No member of the council shall receive compensation.

64602. The director may require any employee or agent of the
council to give a fidelity bond, executed by a surety company which
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 all such fidelity bonds of
employees or agents of the council shall be paid from the funds which
are collected pursuant to this chapter.

64603. No member or employee of the council shall be held
responsible individually 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.

64604. An alternate member of the council shall sit as a regular
member of the council if the member for whom he is an alternate fails
for any reason to attend any meeting of the council. He shall be
compensated and reimbursed in the same manner and to the same extent
as a regular member when so serving and when so serving has all the
powers, duties, liabilities, and immunities of the member in whose
place he is serving, except that the alternate to the chairman or
vice chairman shall not succeed to the functions of these offices.

64605. It is hereby declared, as a matter of legislative
determination, that producers, packers, or processors 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.