SECTIONS 75081-75098 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75081-75098

75081. The powers and duties of the commission, subject to Sections
75054 and 75055, shall include, but are not limited to, all of the
powers and duties specified in this article.

75082. 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.

75083. 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.

75084. 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.

75085. (a) The commission shall 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, that
are necessary to carry out this chapter.
(b) In lieu of an individual as president, 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 president, 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 president, private entity, or state
agency, as the case may be.

75086. The commission shall fix the compensation for all employees
of the commission.

75087. 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.

75088. 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.

75089. (a) 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 secretary. The audit shall be
made a part of an annual report to all handlers and producers, copies
of which shall also be submitted to the Legislature and the
department.
(b) In addition, the secretary may, as he or she determines it to
be necessary, conduct or cause to be conducted a fiscal and
compliance audit of the commission.

75090. The commission shall promote the sale of eggs and egg
products by advertising and other promotional means, including
cost-sharing advertising, to maintain and expand present markets and
create new and larger intrastate, interstate, and foreign markets for
eggs and egg products, and to educate and instruct the public with
respect to the uses, healthful properties, and nutritional value of
eggs and egg products.

75090.5. (a) The commission may petition the secretary to adopt and
administer any activity authorized by the California Marketing Act
of 1937, Chapter 1 (commencing with Section 58601) of Part 2 of
Division 21, relating to the commodity covered by the commission.
Adoption and administration of the activity by the commission shall
be in accordance with the act.
(b) As determined by the secretary, the governing body of the
commission may serve as the advisory board to the secretary with
respect to any activity recommended and approved pursuant to this
section.

75091. The commission shall educate and instruct the wholesale and
retail trade with respect to proper methods of handling and marketing
eggs and egg products, to make market surveys and analyses, and to
present facts to, and negotiate with, private and public agencies on
matters that affect the marketing of eggs and egg products.

75092. The commission may enter into contracts to render services
in formulating and conducting plans, programs, and any other
contracts and agreements that the commission decides are necessary to
carry out the activities authorized under this chapter.

75092.5. The commission may accept contributions for the purpose of
carrying out any activity consistent with this chapter.

75093. (a) 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 regarding the marketing and
distribution of eggs and egg products. In connection with the
research, the commission is authorized to accept contributions of, or
to match, private, state, or federal funds that may be available for
these purposes, and to employ or make contributions of funds to
other persons or state or federal agencies conducting this research.
(b) The commission may conduct research programs for the purpose
of developing and testing new products in selected markets. Funds may
be expended to develop the proposal; however, the proposed program
shall be submitted to the director for approval prior to the
expenditure of funds to implement the program. The proposal submitted
shall include a description of the new products, the test market to
be utilized, and the duration of the program.

75094. 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.

75095. Pursuant to Section 75131, the commission shall establish an
assessment rate to defray operating costs of the commission.

75096. (a) The commission shall prepare an annual budget according
to generally accepted accounting practices.
(b) 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.

75097. 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.

75098. 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.