SECTIONS 76081-76099 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76081-76099

76081. The powers and duties of the commission include, but are not
limited to, all of the powers and duties enumerated in this article.

76082. 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 the
provisions of this chapter, including rules for appeals from any
bylaw, rule, regulation, operating procedure, or order of the
commission.

76083. The commission may administer and enforce this chapter, and
do and perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary for, proper or
advisable effectuation of the purposes of this chapter. The
commission may, in this connection, enter into contracts for services
with public and private agencies as the commission determines is
necessary to carry out this chapter.

76084. The commission may appoint its own officers, including a
chairman, one or more vice chairmen, and any other officers that it
deems necessary. The officers shall have the powers and duties
delegated to them by the commission.

76085. 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, that are
necessary to carry out the provisions of this chapter. The commission
may retain a management firm or the staff from any board,
commission, or committee of the state to perform the functions
prescribed by this section under the control of the commission. 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 and, if appropriate, disciplinary action be taken by
the commission.
(b) In the event that 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.

76086. The commission may fix the compensation for all employees of
the commission.

76087. The commission may appoint committees composed of both
members and nonmembers of the commission, such as a processor or
shipper advisory committee, to advise the commission in carrying out
the provisions of this chapter.

76088. The commission may establish offices, incur expenses, enter
into contracts and agreements, create liabilities, and borrow funds
in advance of receipt of assessments 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.

76089. (a) The commission shall keep accurate books, records, and
accounts of all its dealings, which shall be subject to an annual
audit by an auditing firm selected by the commission with the
concurrence of the director.
(b) A summary of the audit shall be made a part of an annual
report to all producers of cherries, copies of which shall also be
submitted to the Legislature and the department. In addition, the
director may, as determined necessary, conduct or cause to be
conducted a fiscal and compliance audit of the commission.

76090. The commission may promote the sale of cherries 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 cherries, and also may educate and instruct the
public with respect to the uses, healthful properties, and
nutritional value of cherries.

76091. The commission may educate and instruct the wholesale and
retail trade with respect to proper methods of handling and selling
cherries; make market surveys and analyses; present facts to, and
negotiate with, state, federal, and foreign agencies on matters which
affect the provisions of this chapter.

76092. The commission may make, in the name of the commission,
contracts to render service in formulating and conducting plans and
programs, and any other contracts or agreements that the commission
may deem necessary for carrying out the purposes of this chapter.

76093. The commission may conduct and contract with others to
conduct scientific research, including the study, analysis,
dissemination, and accumulation of information obtained from research
or elsewhere, regarding this chapter. In connection with the
research, the commission may accept contributions of, or match,
private, state, or federal funds that may be available for its
purposes, and employ or make contributions of funds to other persons
or state or federal agencies conducting the research.

76094. The commission may publish and distribute, without charge, a
bulletin or other communication for dissemination of information to
producers, shippers, grower-handlers, and processors.

76095. The commission may establish an assessment rate to defray
operating costs of the commission.

76096. 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 76086.

76097. The commission shall submit to the director, for his or her
concurrence, an annual statement of contemplated activities
authorized under this chapter.

76098. The commission may manage, if requested by an advisory
board, a board of directors, or any other authorized agent, any
governmental program establishing grades and standards for the cherry
industry.

76099. 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.