SECTIONS 74891-74908 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74891-74908

74891. The powers and duties of the commission shall include, but
are not limited to, all of those contained in this article.

74892. 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.

74893. 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.

74894. 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.

74895. 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 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
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
secretary, the secretary may suspend or discharge the person.

74896. The commission may fix the compensation for all employees of
the commission.

74897. The commission may appoint committees composed of both
members and nonmembers of the commission.

74898. 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.

74899. 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 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
secretary may, as he or she determines necessary, conduct or cause
to be conducted a fiscal and compliance audit of the commission.

74900. The commission may engage in market development and market
research through plans and programs to enhance the sale of California
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 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. The
commission shall not engage in collective bargaining issues, supply
control, grades and quality standards, or price setting activities.

74900.1. Persons subject to any local commission established after
January 1, 1993, may designate the manner in which assessments that
he or she pays to the local commission may be used, including for
market development, market research, or production research, or a
combination thereof. Persons may so designate during a period
specified by the local commission following its establishment, and
following any referendums conducted pursuant to Article 8 (commencing
with Section 74991).

74901. The commission may accept contributions of, or match,
private, local, state, or federal funds and employ or make
contributions of funds to other persons or local, state or federal
agencies for purposes of maintaining, promoting, and enhancing the
winegrape industry.

74901.5. The commission may present facts to, and negotiate with,
local, state, federal, and foreign agencies on matters that affect
the winegrape industry.

74902. The commission may undertake appropriate research relating
to the production and processing of winegrapes, including the
development of new winegrape products and uses for these products.

74903. The commission may publish and distribute bulletins or other
communications relating to the California winegrape industry.

74904. The commission may establish an assessment rate to defray
operating costs of the commission.

74905. The commission may 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 Section 74896.

74906. The commission shall submit to the secretary, for his or her
concurrence, an annual statement of contemplated activities
authorized pursuant to this chapter.

74907. 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.

74908. The secretary may require that any contract to which the
commission is a party be submitted to the secretary for concurrence
prior to the commission entering into the contract. If the secretary
requires the submission of a contract and does not concur in that
contract, the secretary shall hold a public hearing within 14 days of
the initial decision not to concur. In the notice of the hearing,
the secretary shall present a written explanation of his or her
decision. The secretary 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 secretary makes
the initial decision not to concur to the time of the final decision.