SECTIONS 78660-78682 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78660-78682

78660. The powers and duties of the commission shall include, but
are not limited to, all of those contained in this article.

78661. The commission may adopt and from time to time alter,
rescind, modify, and amend all proper and necessary bylaws, rules,
regulations, and orders in accordance with commission procedures for
purposes of carrying out this chapter, including rules for appeals
from any bylaw, rule, regulation, operating procedure, or order of
the commission.

78662. 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, to promote and
maintain the tomato industry.

78663. The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and such other officers
as it deems necessary. The officers shall have the powers and duties
delegated to them by the commission.

78664. 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 of its
choice, necessary to carry out this chapter. 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.
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 direction
of the commission.

78665. The commission may fix the compensation for all employees of
the commission.

78666. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

78667. 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.

78668. 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 persons subject to this chapter, a copy 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.

78669. The commission may present facts to, and negotiate with,
state, federal, and foreign agencies on matters that affect the
tomato industry.

78670. The commission may promote the sale of tomatoes 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 tomatoes, and to educate and instruct the public
with respect to the uses, healthful properties, and nutritional value
of tomatoes.

78671. The commission may educate and instruct the wholesale and
retail trade with respect to proper methods of handling and selling
tomatoes, and conduct market surveys and analyses.

78672. 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, respecting cultural and production practices, and
marketing and distribution of tomatoes. The results of any research
conducted by or on behalf of the commission may be used by the
commission in any way it deems appropriate.

78673. The commission may make in its name, contracts to receive
and render services in formulating and conducting plans and programs
and other contracts or agreements that the commission may deem
necessary for carrying out this chapter.

78674. The commission may solicit and 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 promoting and maintaining the tomato industry.

78675. The commission may collect information, including, but not
limited to, industry crop statistics, and publish and distribute
without charge, a bulletin or other communication to persons subject
to this chapter.

78676. The commission shall establish an assessment rate to defray
operating costs of the commission.

78677. The commission shall establish an annual budget according to
generally accepted accounting practices. The budget shall be
concurred in by the secretary prior to disbursement of funds, except
for disbursements made pursuant to Section 78665.

78678. The commission shall submit to the secretary for his or her
concurrence an annual statement of contemplated activities authorized
pursuant to this chapter.

78679. The commission and the secretary shall keep confidential and
shall not disclose, except when required by court order after a
hearing in a judicial proceeding, all lists of persons subject to
this chapter in their possession. However, the commission shall
establish procedures to provide producers and handlers access to
communication with other producers and handlers regarding
noncommercial matters affecting the commission and persons subject to
its jurisdiction. The access shall not include the actual release of
the list of the names and addresses of producers and handlers in the
possession of the commission or the secretary.

78680. 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.

78681. (a) In order to prevent unfair trade practices that are
detrimental to California's tomato industry, including, but not
limited to, deception and misinformation, the commission may collect
and disseminate to any and all interested persons, historical handler
packout information, including, but not limited to, tomato grade and
size.
(b) The identity of each handler reporting information and the
information reported under this section shall be kept confidential
and shall not be made public 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
information pursuant to this section shall be approved by the
secretary.

78682. The commission may administer any government program that is
engaged in the activities authorized by this chapter and that
directly and exclusively affects the fresh tomato industry, upon the
request of an authorized agent of the program.