SECTIONS 68081-68082 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 68081-68082

68081. The powers and duties of the commission, subject to Sections
68052 and 68053, include, but are not limited to, all of the
following:
(a) To adopt and, from time to time, alter, rescind, modify, and
amend all proper and necessary bylaws, rules, regulations, and orders
for carrying out this chapter, including appeals from any bylaw,
rule, regulation, or order of the commission in a manner established
by the commission.
(b) To 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 for, the proper or advisable
effectuation of the purposes of this chapter.
(c) To appoint its own officers, including a chairperson, one or
more vice chairpersons, and any other officers as it deems necessary.
The officers have the powers and duties delegated to them by the
commission.
(d) To 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, as necessary
to carry out this chapter. The commission may retain a management
firm or any staff from any board, commission, or committee of the
state to perform the functions prescribed by this subdivision under
the control of the commission. If the person engages in any conduct
that the secretary determines is not in the public interest or that
is in violation of this chapter, the secretary shall notify the
commission of the conduct and request that corrective, and if
appropriate, disciplinary action be taken by the commission. If the
commission fails or refuses to correct the situation or to take
disciplinary action satisfactory to the secretary, the secretary may
suspend or discharge the person.
(e) To fix the compensation for all employees of the commission.
(f) To appoint committees composed of both members and nonmembers
of the commission to advise the commission in carrying out this
chapter.
(g) To establish offices and incur expense, and to enter into any
and all contracts and agreements, and to create any liabilities and
borrow any funds in advance of receipt of assessments that may be
necessary, in the opinion of the commission, for the proper
administration and enforcement of this chapter and the performance of
its duties.
(h) To keep accurate books, records, and accounts of all of its
dealings, which books, records, and accounts shall be subject to an
annual audit by an auditing firm selected by the commission with the
concurrence of the secretary. The audit shall be made a part of an
annual report to all producers and handlers of kiwifruit, copies of
which shall also be submitted to the Legislature and the department.
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.
(i) To promote the sale of kiwifruit by advertising and other
promotional means, including cost-sharing advertising, for the
purpose of maintaining and expanding present markets and creating new
and larger intrastate, interstate, and foreign markets for kiwifruit
and to educate and instruct the public with respect to kiwifruit and
the uses and time to use the several varieties and the healthful
properties and nutritional value of kiwifruit.
(j) To educate and instruct the wholesale and retail trade with
respect to proper methods of handling and selling kiwifruit; to
arrange for the performance of dealer service work providing display
and other promotional materials; to make market surveys and analyses;
to present facts to, and negotiate with, state, federal, and foreign
agencies on matters that affect the marketing of kiwifruit.
(k) To 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 kiwifruit.
(l) To conduct and contract with others to conduct scientific
research, including the study, analysis, dissemination, and
accumulation of information obtained from that research or elsewhere
respecting cultural and production practices, marketing, and
distribution of kiwifruit. In connection with the research, the
commission may accept contributions of, or to match, private, state,
or federal funds that may be available for those purposes, and to
employ or make contributions of funds to other persons or state or
federal agencies conducting the research.
(m) To collect, publish, and distribute, without charge, a
bulletin or other communication for dissemination of information,
including, but not limited to, crop statistics, relating to the
kiwifruit industry to producers and handlers.
(n) To establish an assessment rate to defray operating costs of
the commission.
(o) To establish an annual budget according to acceptable
accounting practices. The budget shall be concurred in by the
secretary prior to disbursement of funds, except for disbursements
made pursuant to subdivision (e).
(p) To submit a statement of contemplated annual activities
authorized under this chapter, including advertising, promotion,
marketing research, and production research, which shall be concurred
in by the secretary.
(q) To administer, if requested by an advisory board, a board of
directors, or any other authorized agent of a governmental program,
any governmental program establishing grades and standards for the
kiwifruit industry.
(r) The commission may 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.
(s) The commission shall provide to producers, free of charge, the
names and addresses of producers on the list maintained by the
commission. Handlers and other persons may obtain the names and
addresses of producers on the commissions's list upon reimbursement
of the commission's actual costs of reproduction and delivery.

68082. (a) In order to prevent unfair trade practices, which are
detrimental to California's kiwifruit industry, including, but not
limited to, deception and misinformation, the commission may collect
and disseminate to any and all interested persons, handler f.o.b.,
market price information based on sales that 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.