SECTIONS 77451 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77451

77451. The powers and duties of the commission shall include, but
are not limited to, all of the following:
(a) Adopt and from time to time alter, rescind, modify, and amend
bylaws, rules, regulations, and orders for carrying out this chapter,
including rules for appeals from any bylaw, rule, regulation, or
order of the commission. These actions shall not be subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(b) Administer and enforce this chapter and do and perform all
acts and exercise all powers incidental to, or in connection with, or
determined reasonably necessary for, proper or advisable
effectuation of the purposes of this chapter.
(c) Appoint its own officers, including a chairperson, one or more
vice chairpersons, and any other officers as it determines
necessary. The officers shall have the powers and duties delegated to
them by the commission.
(d) 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 to perform the
functions prescribed by this subdivision under control of the
commission. If the person engages in any conduct that the director
determines is not in the public interest or 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 person.
(e) Fix the compensation for all employees of the commission.
(f) Appoint committees composed of both members and nonmembers of
the commission to advise the commission in carrying out this chapter.
(g) Establish offices and incur expenses, invest funds, enter into
contracts and agreements, and create liabilities and borrow funds in
advance of receipt of assessments as determined necessary by the
commission for the proper administration and enforcement of this
chapter and the performance of its duties.
(h) Keep accurate books, records, and accounts of all of its
dealings, which books, records, and accounts shall be subject to an
annual audit by an auditing firm selected by the commission with the
concurrence of the director. The audit shall be made a part of an
annual report to all producers, processors, and shippers of
strawberries, and copies of the audit shall be submitted to the
Legislature and the department. In addition, the director may, as he
or she determines necessary, conduct or cause to be conducted, a
fiscal and compliance audit of the commission.
(i) Promote the sale of strawberries by advertising and any 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
strawberries, and to educate and instruct the public with respect to
the uses, healthful properties, and nutritional value of
strawberries.
(j) Educate and instruct the wholesale and retail trade with
respect to proper methods of handling and selling strawberries, make
market surveys and analyses, and present facts to, and negotiate
with, state, federal, and foreign agencies on matters that affect the
marketing of strawberries.
(k) Make, in the name of the commission, contracts to render
service in formulating and conducting plans and programs, and any
other contracts or agreements the commission determines necessary for
the promotion of the sale of strawberries.
(l) Conduct, and contract with others to conduct, scientific
research, including the study, analysis, dissemination, and
accumulation of information obtained from research or elsewhere,
respecting cultural and production practices, and marketing and
distribution of strawberries. In connection with the research, the
commission shall have the power 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 the research.
(m) Collect information and publish and distribute, without
charge, to producers, processors, and shippers a bulletin or other
communication for dissemination of information, including, but not
limited to, crop statistics relating to the strawberry industry.
(n) Establish an assessment rate to defray operating costs of the
commission.
(o) 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
subdivision (e).
(p) Submit to the director for his or her concurrence, an annual
statement of contemplated activities authorized under this chapter,
including advertising, promotion, marketing research, and production
research.
(q) 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.