SECTIONS 77081-77103 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77081-77103

77081. The powers and duties of the commission shall include, but
are not limited to, all of those contained in this article.

77082. 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 rules for appeals from any bylaw, rule,
regulation, operating procedure, or order of the commission. The
commission is exempt from Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code when
acting pursuant to this section.

77083. The commission may administer and enforce this chapter and
do and perform all acts and exercise all powers incidental to, or in
connection with, deemed reasonably necessary for the proper or
advisable implementation of this chapter.

77084. The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and any other officers as
it deems necessary. The officers shall have the powers and duties
delegated to them by the commission.

77085. 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 committee of the
state or federal government to perform the functions prescribed by
this section under the control of the commission.
If the person engages in any conduct which the secretary
determines is not in the public interest or which 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.

77086. The commission may fix the compensation for all employees of
the commission.

77087. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

77088. 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 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.

77089. 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
reported to all producers, copies of which shall also be submitted to
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.

77090. The commission may promote the sale of walnuts by brand and
generic advertising and other promotional means, including tie-in
advertising, for the purpose of creating, maintaining, and expanding
domestic and foreign markets.

77091. The commission may educate and instruct the wholesale and
retail trade in domestic and foreign markets with respect to proper
methods of handling walnuts.

77092. The commission may make market surveys and analyses.

77093. The commission may present facts to, and negotiate with,
local, state, federal, and foreign agencies on matters that affect
the walnut industry pursuant to this chapter.

77094. 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
necessary for carrying out this chapter.

77095. The commission may conduct, and contract with others to
conduct, research, including the study, analysis, accumulation, and
dissemination of information obtained from the research or elsewhere,
respecting this chapter.

77096. The commission may accept contributions of, or match,
private, state, or federal funds and employ or make contributions of
funds to other persons or state or federal agencies for purposes of
maintaining, promoting, and enhancing the walnut industry pursuant to
this chapter.

77097. The commission may collect information, including, but not
limited to, industry crop statistics, and may publish and distribute
without charge a bulletin or other communication for dissemination of
information to persons subject to this chapter.

77098. The commission shall establish an assessment rate to defray
operating costs of the commission.

77099. The commission shall 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 77086.

77100. The commission shall submit to the secretary, for his or her
concurrence, an annual statement of contemplated activities
authorized pursuant to this chapter.

77101. All lists of producers in the possession of the commission
or the secretary are confidential and shall not be disclosed except
when required by a court order after a hearing in a judicial
proceeding involving this chapter.

77102. 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.

77103. (a) Notwithstanding any other provision of this chapter, the
following duties are imposed upon the executive committee of the
commission, established in the commission's bylaws, for the 2006
marketing year:
(1) Continue any and all existing contracts and agreements
necessary for the operation of the commission.
(2) Establish the annual budget according to accepted accounting
practices.
(3) Establish the assessment rate not later than the first day of
the marketing year or as soon thereafter as possible. The assessment
rate shall not exceed the 2005 marketing year assessment rate.
(b) In fulfilling the duties of this section, except for the
disbursements made pursuant to Section 77086, the executive committee
shall obtain concurrence by the secretary.
(c) This section shall become inoperative on July 1, 2007.