SECTIONS 73151-73169 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 73151-73169

73151. The powers and duties of the commission, subject to Sections
73107 and 73108, shall include, but are not limited to, all of the
powers and duties specified in this article.

73152. The commission shall adopt and, from time to time, alter,
rescind, modify, and amend in a manner prescribed by the commission,
all proper and necessary bylaws, rules and regulations, and orders
for carrying out this chapter, including rules for appeals from any
bylaw, rule and regulation, or order of the commission.

73153. The commission shall administer and enforce this chapter 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.

73154. The commission shall appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers that
it deems necessary.
The officers have the powers and duties delegated to them by the
commission.

73155. (a) The commission shall 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.
(b) In lieu of an individual as manager, the commission may
contract with any private entity or state agency to perform, under
the control of the commission, the functions specified in subdivision
(a).
(c) If the manager, private entity, or state agency engages in any
conduct which the director determines is not in the public interest
or which is in violation of this chapter, the director 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 director, the director may
suspend or discharge the manager, private entity, or state agency, as
the case may be.

73156. The commission shall fix the compensation for all employees
of the commission.

73157. The commission may appoint committees which may be composed
of both members and nonmembers of the commission to advise the
commission in carrying out this chapter.

73158. The commission shall appoint a committee or committees to
deal specifically with budget and advertising issues.
Commission members who pay the full assessment are entitled to a
proportionately greater membership, as determined by the commission,
on the committee or committees, than members who receive a brand
credit as provided in Article 6 (commencing with Section 73251).

73159. The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
and borrow funds in advance of receipt of assessments for that year,
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.

73160. The commission shall keep accurate books, records, and
accounts of all of its dealings, which books, records, and accounts
are subject to an annual audit by an auditing firm selected by the
commission with the concurrence of the director. The audit shall be
made a part of an annual report to all producers, copies of which
shall also be submitted to the Legislature and the department.
In addition, the director may, as he or she determines it to be
necessary, conduct or cause to be conducted a fiscal and compliance
audit of the commission.

73161. The commission shall promote the sale of navel oranges by
advertising and other promotional means, including cost-sharing
advertising, to maintain and expand present markets and create new
and larger markets for navel oranges, and to educate and instruct the
public with respect to the uses, healthful properties, and
nutritional value of navel oranges.
This authority, however, does not include cost-sharing advertising
and cash incentives or discounts with the wholesale or retail trade,
as defined by the commission.

73162. The commission shall educate and instruct the wholesale and
retail trade with respect to proper methods of handling and selling
navel oranges, to make market surveys and analyses, and to present
facts to, and negotiate with, private and public agencies on matters
which affect the marketing of navel oranges.

73163. The commission may enter into contracts to render service in
formulating and conducting plans and programs authorized under this
chapter.

73164. The commission may conduct, and contract with others to
conduct, marketing research, including the study, analysis,
dissemination, and accumulation of information obtained from the
research or from other sources.

73165. The commission may publish and distribute, without charge,
bulletins or other communications for dissemination of information
relating to commission activities and other related matters to
producers and handlers.

73166. Pursuant to Section 73251, the commission shall establish an
assessment rate to defray operating costs of the commission.

73167. The commission shall prepare an annual budget according to
accepted accounting practices.
Except for disbursements to pay the compensation of the employees
of the commission, no disbursement of funds shall be made unless the
director concurs in the budget.

73168. The commission shall submit to the director, for his or her
concurrence, an annual statement of contemplated activities
authorized under this chapter, including advertising, promotion, and
marketing research.

73169. The commission may investigate and prosecute civil
violations of this chapter and file complaints with appropriate law
enforcement agencies or officers for criminal violation of this
chapter.