SECTIONS 74091-74108 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74091-74108

74091. The powers and duties of the commission shall include, but
are not limited to, all of those contained in this article.

74092. The commission may adopt and from time to time alter,
rescind, modify, and amend all proper and necessary bylaws, rules,
regulations, operating procedures, and orders for carrying out this
chapter, including appeals from any bylaws, rules, regulations,
operating procedures, or orders of the commission.

74093. The commission may administer and enforce this chapter and
do and perform all actions and exercise all powers incidental to, in
connection with, or deemed reasonably necessary for, proper or
advisable effectuation of this chapter, including, but not limited
to, entering into contracts for services with public and private
agencies which are deemed necessary by the commission to carry out
this chapter.

74094. The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers it
deems necessary. The officers shall have the powers and duties
delegated to them by the commission. The office of chairperson shall
alternate annually between the producer members and the vintner
members.

74095. The commission may employ a person to serve at the pleasure
of the commission as president, and other personnel, including legal
counsel, necessary to carry out this chapter. If the person 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
action 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 person.

74096. The commission may fix the compensation for all employees of
the commission.

74097. The commission may appoint committees composed of both
members and nonmembers of the commission.

74098. The commission may establish offices, incur expenses, enter
into any and all contracts and agreements, 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.

74099. 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 director. A summary of the audit shall be made a
part of an annual report to all producers and vintners, copies of
which shall also be submitted to the Legislature and the department.
In addition, the director may, as he or she determines necessary,
conduct or cause to be conducted a fiscal and compliance audit of the
commission.

74100. The commission may engage in market development and market
research through plans and programs to enhance the sale of California
wine, winegrapes, and winegrape products for the purpose of
maintaining existing markets and creating new and larger domestic and
foreign markets, and to educate and instruct the public with respect
to the uses and value of California wine, winegrapes, and winegrape
products. However, any plans and programs so developed and conducted
shall not be directed towards a particular private brand or trade
name, although private brands and trade names may be used in wine
tastings and other similar programs authorized by the commission. In
addition, the plans and programs shall make no use of false or
unwarranted claims on behalf of California winegrapes or winegrape
products, nor disparage the quality, value, sale, or use of any
commodity.

74101. The commission may accept contributions of private, state,
or federal funds that may be available for these purposes, and may
allocate funds by contract or agreement to other persons or to state
or federal agencies conducting this research.

74102. The commission may undertake appropriate research relating
to the production and processing of wine and winegrapes, including
the development of new winegrape products and uses for these
products.

74103. The commission may publish and distribute bulletins or other
communications relating to the California wine and winegrape
industries.

74104. The commission may establish an assessment rate to defray
operating costs of the commission.

74105. The commission may establish an annual budget according to
accepted accounting practices. The budget shall be concurred in by
the director prior to disbursement of funds, except for disbursements
made pursuant to Section 74096.

74106. The commission shall submit to the director, for his or her
concurrence, an annual statement of contemplated activities
authorized pursuant to this chapter.

74107. 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.

74108. The director may require that any contract in which the
commission is a party be submitted to him or her for concurrence
prior to the commission entering into the contract. If the director
requires the submission of a contract and does not concur in that
contract, he or she shall hold a public hearing within 14 days of the
initial decision not to concur. In the notice of the hearing, the
director shall present a written explanation of his or her decision.
The director shall make a final decision on whether or not to concur
in the contract within 30 days of the hearing. The contract may not
be executed from the time that the director makes the initial
decision not to concur to the time of the final decision.