SECTIONS 67091-67095 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 67091-67095

67091. The powers and duties of the commission include, but are not
limited to, all of the following:
(a) Adopt and, from time to time, alter, rescind, modify, and
amend all proper and necessary rules, procedures, and orders to carry
out this chapter and in the exercise of its powers and the
performance of its duties, including the adoption of rules to
regulate appeals from any rule, procedure, or order of the
commission.
(b) Administer and enforce this chapter, and to do and perform all
acts and exercise all powers incidental to or in connection with or
deemed reasonably necessary, proper, or advisable to effectuate the
purposes of this chapter.
(c) Employ a person, to serve, at the pleasure of the commission,
as president and chief executive officer of the commission and other
personnel, including legal counsel.
(d) Establish offices, incur expenses, enter into any and all
contracts and agreements, and create liabilities and borrow funds in
advance of receipt of assessments that may be necessary, at the
discretion of the commission, for the proper administration and
enforcement of this chapter and the performance of its duties.
(e) Keep accurate books, records, and accounts of all of its
dealings, which books, records, and accounts are subject to an annual
independent audit by an auditing firm approved by the secretary. The
independent audit shall be made a part of an annual report to all
producers and handlers of avocados, copies of which shall also be
submitted to the Legislature. In addition, the secretary may, as he
or she determines necessary, conduct, or cause to be conducted, a
fiscal and compliance audit of the commission.
(f) Promote the sale of avocados by advertising and other
promotional means for the purpose of maintaining and expanding
present markets and creating new and larger intrastate, interstate,
and foreign markets for avocados and to educate and instruct the
public with respect to avocados and the uses of the several varieties
and the healthful properties and nutritional value of avocados.
(g) Enter into cost-sharing advertising with other products
considered, by the commission, to be fair and equitable to both
parties.
(h) Educate and instruct the wholesale and retail trade with
respect to proper methods of handling and selling avocados; arrange
for the performance of dealer service work providing display and
other promotional materials; make market and inventory surveys and
analyses; present facts to and negotiate with state, federal, and
foreign agencies on matters which affect the avocado industry; and
undertake any other activities which the commission may determine
appropriate for the maintenance and expansion of present markets and
the creation of new markets for avocados.
(i) Make, in the name of the commission, contracts to render
service in formulating and conducting plans and programs, and any
other contracts or agreements that the commission may deem necessary
for the promotion of the sale of avocados.
(j) Conduct and contract with others to conduct scientific
research, including the study, analysis, dissemination, and
accumulation of information obtained from the research or elsewhere
respecting the inventory, marketing, and distribution of avocados.
The results of any research conducted by or on behalf of the
commission may be used by the commission in any way it deems
appropriate, and notwithstanding any other provision of law, may be
maintained in confidence by the commission and not disseminated to
any person not subject to this chapter.
(k) Accept and match contributions of private, local, state, or
federal funds and make contributions of commission funds to other
persons or to local, state, or federal agencies for purposes of
promoting, enhancing, and maintaining the California avocado
industry.
(l) Publish and distribute without charge, a bulletin or other
communication for dissemination of information relating to inventory,
marketing, and other information of value to the commission and the
avocado industry to producers, handlers, and the public.
(m) Establish an assessment rate to defray operating costs of the
commission.
(n) Establish an annual budget.
(o) Investigate and prosecute civil violations of this chapter and
file complaints with appropriate law enforcement agencies or
officers for suspected criminal violations of this chapter.
(p) Carry out the requirements prescribed in Chapter 9 (commencing
with Section 44971) of Division 17.
(q) To provide to the secretary, on a quarterly basis, a summary
of the programs, activities, and costs under review for the next
marketing season.

67094. (a) To prevent unfair trade practices which are detrimental
to California's avocado industry, including, but not limited to,
deception and misinformation, the commission shall collect and
disseminate to any and all interested persons, handler f.o.b., market
price information based on sales which have occurred.
(b) The identity of each handler reporting information and the
information reported under this section shall be kept confidential
and not made public under any circumstances. Information that gives
industry totals, averages, and other similar data may be disclosed by
the commission.
(c) The procedure for the collection and dissemination of the
information pursuant to this section shall be approved by the
secretary.

67095. In order to avoid excessive administrative charges which
adversely impact avocado producers, handlers, and consumers, the
commission may decide, not later than February 1 of any year, to
exercise its authority prescribed in Chapter 9 (commencing with
Section 44971) of Division 17 during the next succeeding marketing
season.