SECTIONS 71070-71091 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 71070-71091

71070. The powers and duties of the commission shall include, but
are not limited to, all of those contained in this article.

71071. The commission may adopt and from time to time alter,
rescind, modify, and amend all proper and necessary bylaws, rules,
regulations, and orders in accordance with commission procedures for
purposes of carrying out this chapter, including rules for appeals
from any bylaw, rule, regulation, operating procedure, or order of
the commission.

71072. The commission may administer and enforce this chapter and
do and perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary, to promote,
maintain, and enhance the rice industry.

71073. The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers as it
deems necessary. The officers have the powers and duties delegated to
them by the commission.

71074. (a) The commission may 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 of
its choice, necessary to carry out this chapter. If any person
employed by the commission 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.
(b) The commission may retain a management firm or the staff from
any board, commission, or committee of the state or federal
government to perform the functions prescribed by this section under
the direction of the commission.
(c) If requested by an advisory board, board of directors, or any
authorized agent, the commission may administer any governmental
program related to the rice industry.

71075. The commission may fix the compensation for all employees of
the commission.

71076. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

71077. The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
develop, own, and control the use of any intellectual property, 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.

71078. The commission shall keep accurate books, records, and
accounts of all of its dealings, which shall be subject to an annual
audit by an auditing firm selected by the commission with the
concurrence of the secretary. A summary of the audit shall be
reported to all persons subject to this chapter, a copy of which
shall also be submitted to the department. In addition, the
secretary, as he or she determines necessary, may conduct or cause to
be conducted a fiscal and compliance audit of the commission.

71079. The commission may present facts to, and negotiate with,
local, state, federal, and foreign agencies on matters that affect
the rice industry.

71080. The commission may promote the sale of rice by advertising
and any 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 rice, and to educate and instruct the public with respect to the
uses, healthful properties, and nutritional value of rice.

71081. The commission may educate and instruct the wholesale and
retail trade with respect to proper methods of handling and selling
rice, and conduct consumer surveys and analyses.

71082. The commission may conduct, and contract with others to
conduct, scientific research, including the study, analysis,
dissemination, and accumulation of information obtained from research
or elsewhere, respecting cultural, production and postharvest
practices, and the marketing and distribution of rice. 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.

71083. The commission may contract to receive and render services
in formulating and conducting plans and programs and enter into other
contracts or agreements that the commission deems necessary to carry
out this chapter.

71084. The commission may accept contributions of, or match
private, state, or federal funds, and employ or make contributions of
funds to other persons or state or federal agencies for purposes of
promoting, enhancing, and maintaining the rice industry.

71085. The commission may collect information, including, but not
limited to, industry crop statistics, and publish and distribute
without charge, a bulletin or other communication to handlers and
producers of rice.

71086. The commission shall establish an assessment rate to defray
operating costs of the commission.

71087. The commission shall establish an annual budget according to
generally accepted accounting practices. The budget shall be
concurred in by the secretary prior to disbursement of funds, except
for disbursements made pursuant to Section 71075.

71088. The commission shall submit to the secretary for his or her
concurrence an annual statement of contemplated activities authorized
pursuant to this chapter.

71089. (a) The commission and the secretary shall keep confidential
and shall not disclose, except when required by court order after a
hearing in a judicial proceeding, all lists in their possession of
persons subject to this chapter. However, the commission shall
establish procedures to provide access to communication with other
producers and handlers regarding noncommercial matters affecting the
commission and persons subject to its jurisdiction. The access shall
not include the actual release of the list of the names and addresses
of producers and handlers in the possession of the commission or the
secretary. In addition, notwithstanding any other provision of law,
all proprietary or trade secret information developed or gathered
pursuant to this chapter, including, but not limited to, names and
addresses of handlers, producers, processors, wholesalers, retailers,
brokers and shippers, individual quantities produced, handled,
shipped, bought or sold, prices paid, and the products of research
obtained by the commission, or by the department on behalf of the
commission, from any source is confidential and shall not be
considered a public record as that term is defined in Section 6252 of
the Government Code.
(b) Upon receipt of a request for information from a person
establishing cause for the request, the department shall direct the
commission to provide the requesting person any record in the
commission's possession, except that any proprietary information
shall be removed before disclosure.

71090. 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.

71091. The commission may appoint any person to serve as an ex
officio member.