SECTIONS 75581-75602 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75581-75602

75581. The powers and duties of the commission shall include, but
are not limited to, all of those specified in this article.

75582. The commission may adopt, amend, and repeal regulations and
operating procedures necessary to carry out this chapter, including
regulations governing appeals from actions taken by the commission
pursuant to any of its regulations or operating procedures.

75583. The commission may 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 implementation of this chapter.

75584. 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.

75585. 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, necessary
to carry out this chapter. The commission may retain a management
firm or the staff from any board, commission, or agency of the state
or federal government to perform the functions prescribed by this
section under the control of the commission. 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.

75586. The commission may fix the compensation for all employees of
the commission.

75587. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

75588. The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
borrow funds in advance of receipt of assessments, and repay
producers for costs incurred during the initial formation of the
commission, 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.

75589. The commission shall keep accurate books, records, and
accounts of all its dealings that 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
producers and a copy of the summary shall also be submitted to the
secretary. 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.

75590. The commission may present facts to, and negotitate with,
state, federal, and foreign agencies on matters which affect this
chapter.

75591. The commission may make, in its name, contracts to receive
or render services in formulating and conducting plans and programs
and any other contracts or agreements that the commission deems
necesary for carrying out this chapter.

75592. The commission may conduct, and contract with others to
conduct, production research, including the study, analysis,
accumulation, and dissemination of information obtained from that
research or otherwise, regarding this chapter.

75593. The commission may accept contributions of private, state,
or federal funds, and make contributions of funds to other persons or
state or federal agencies, for purposes of this chapter.

75594. The commission may promote the sale of apples by advertising
and 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 apples, and to educate and instruct the public with respect to
the uses, healthful properties, and nutritional value of apples.

75595. The commission may collect information, and publish and
distribute without charge, bulletins and other communications for
dissemination of information.

75595.5. The commission may establish an annual assessment rate to
defray the operating costs of the commission.

75596. The commission shall adopt an annual budget according to
accepted practices. The secretary shall concur in the adoption of the
budget prior to the encumbrance of funds, except for encumbrances
necessary to pay the compensation of employees of the commission.

75597. The commission shall annually prepare and submit to the
secretary, for his or her concurrence, a statement of contemplated
activities authorized pursuant to this chapter.

75598. The commission and the secretary shall keep confidential and
shall not disclose, except when required by court order in a
judicial proceeding, all lists of persons subject to this chapter in
their possession.

75599. 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.

75601. (a) The commission may recommend to the secretary the
adoption of maturity standards authorized pursuant to the California
Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of
Part 2 of Division 21) that are in accordance with the procedures
specified in that act, unless otherwise specified in this article.
(b) Any standards that are adopted shall be implemented by the
secretary at the beginning of the marketing year next succeeding the
date in which they were approved by the secretary.
(c) Any standards recommended by the commission and approved by
the secretary shall not be operative until approved by the vote
specified in Section 75612.
(d) The commission shall serve as the advisory body to the
secretary on all matters pertaining to this section.

75602. (a) In order to prevent unfair trade practices, which are
detrimental to California's apple industry, including, but not
limited to, deception and misinformation, the commission may collect
and disseminate to any and all interested persons, handler F.O.B.
market price information based on sales that have occurred.
(b) The identity of each handler reporting information and the
information reported pursuant to this section shall be kept
confidential and not made public by the commission under any
circumstances. Information that gives industry totals, averages, and
other similar data may be disclosed by the commission.
(c) The procedure for the collection and dissemination of the
information pursuant to this section shall be approved by the
secretary.