SECTIONS 77945-77964 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77945-77964

77945. The powers and duties of the commission include, but are not
limited to, all of those specified in this article.

77946. 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.

77947. 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 effectuation of this chapter.

77948. 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.

77949. 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 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 person.

77950. The commission may fix the compensation for all employees of
the commission.

77951. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

77952. 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.

77953. 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. A summary of the audit shall be reported
to all producers and a copy of the summary shall also be submitted
to 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.

77954. (a) The commission may present facts to, and negotiate with,
state, federal, and foreign agencies on matters which affect this
chapter, to the extent permitted by federal law.
(b) The commission shall not expend more than 10 percent of its
annual budget during the 1991 to 1995, calendar years, inclusive, on
activities for the modification or removal of trade barriers that
restrict the free flow of flowers to market, including litigation
involving trade practices, to the extent permitted by federal law.

77955. 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.

77956. 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.
The commission may implement and conduct, and contract with others
to implement and conduct, market analysis, market development,
market research, and shipping research, analysis, and development.
The commission may study, analyze, accumulate, and disseminate any
and all information obtained from those activities.

77957. The commission may accept contributions or matching private,
state, or federal funds, and employ or make contributions of funds
to other persons or state or federal agencies, for purposes of this
chapter.

77958. The commission may publish and distribute, without charge,
bulletins and other communications for the dissemination of
information to producers.

77959. The commission shall establish an assessment rate to defray
the operating costs of the commission.

77960. The commission shall adopt an annual budget according to
accepted accounting practices. The director 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.

77961. (a) The commission may advertise or otherwise promote the
sale of flowers.
(b) The commission may jointly advertise or otherwise promote the
sale of flowers with any other corporation or organization
advertising or otherwise promoting the sale of any other product or
commodity.
(c) The commission may work, and cooperate with others, to develop
and arrange for shipping alternatives for producers in order to
improve the quality of flowers and access to markets.

77962. The commission shall annually prepare and submit to the
director, for his or her concurrence, a statement of contemplated
activities authorized pursuant to this chapter.

77963. 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 producers in their possession.

77964. 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.