SECTIONS 69051 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 69051

69051. The powers and duties of the commission, subject to Sections
69032 and 69033, 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 rules for appeals from any
bylaw, rule, regulation, or order of the commission. The adoption,
alteration, rescission, modification, or amendment of any bylaw,
rule, regulation, or order implementing the brand-credit advertising
program authorized pursuant to subdivision (i) is subject to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
(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 determined 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 determines
necessary. The officers have the powers and duties delegated to them
by the commission.
(d) To employ a manager to serve at the pleasure of the commission
as president and chief executive officer of the commission, and
other personnel, including legal counsel, that are necessary to carry
out this chapter. The commission may retain a management firm or the
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 manager 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 manager.
(e) To fix the compensation for all employees of the commission.
(f) To appoint committees composed of both members and nonmembers
of the commission, such as a processor advisory committee, to advise
the commission in carrying out this chapter.
(g) To establish offices and incur expenses, invest funds in the
permissible investments as specified in Section 58939, enter into any
and all contracts and agreements, and create liabilities and borrow
funds in advance of receipt of assessments as 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 of pistachios, copies of which shall
also be submitted to the Legislature and the department. In addition,
the secretary may, as the secretary determines necessary, conduct or
cause to be conducted a fiscal and compliance audit of the
commission. The Department of Finance may audit books, records, and
accounts of the commission at any time.
(i) To promote the sale of pistachios by advertising and other
promotional means, including cost-sharing advertising of pistachios
or other complementary products and brand-credit advertising, for the
purpose of maintaining and expanding present markets and creating
new and larger intrastate, interstate, and foreign markets for
pistachios, and to educate and instruct the public with respect to
the uses, healthful properties, and nutritional value of pistachios.
Any decision to implement a brand-credit advertising program shall be
ratified by a vote of producers conducted pursuant to Section 69062.
(j) To require processors and producer-suppliers to provide
records and other information necessary for the commission to carry
out the purposes of this chapter, including, but not limited to,
records and information regarding inventories, shipment destinations,
and related information. Such records and information shall be
preserved by the processor or producer-supplier for a period of two
years and shall be offered and submitted for inspection at any
reasonable time upon written demand of the commission or its duly
authorized agent.
(k) To educate and instruct the wholesale and retail trade with
respect to proper methods of handling and selling pistachios, make
market surveys and analyses, and present facts to, and negotiate
with, state, federal, and foreign agencies on matters that affect the
marketing of pistachios.
(l) 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 as the commission may determine
necessary for the promotion of the sale of pistachios.
(m) To 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 cultural and production practices, and marketing and
distribution of pistachios. In connection with the research, the
commission may accept contributions of, or match, private, state, or
federal funds that may be available for these purposes, and employ or
make contributions of funds to other persons or state or federal
agencies conducting the research.
(n) To publish and distribute, without charge, a bulletin or other
communication for dissemination of information relating to the
pistachio industry to producers, processors, and producer-suppliers.
(o) To establish an assessment rate to defray operating costs of
the commission. Any assessment rate established pursuant to this
chapter may be modified in accordance with Section 69081.
(p) To establish an annual budget according to accepted accounting
practices. The budget shall be concurred in by the secretary prior
to disbursement of funds, except for disbursements made pursuant to
subdivision (e).
(q) To submit to the secretary, for his or her concurrence, an
annual statement of contemplated activities authorized under this
chapter, including advertising, promotion, marketing research, and
production research.
(r) To administer any governmental program establishing quality
standards for the pistachio industry upon request of an authorized
agent of a governmental agency.