SECTIONS 78881-78882 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78881-78882

78881. The powers and duties of the commission shall include, but
not be limited to, the following:
(a) Elect a chairperson and other officers as it may deem
advisable, and delegate duties as may be advisable.
(b) Adopt and from time to time alter, rescind, modify, and amend
all proper and necessary rules, procedures, and orders for the
exercise of its powers and the performance of its duties, including
rules of procedure for appeals from any rule, procedure, or order of
the commission.
(c) 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, proper, or advisable to effectuate the
purposes of this chapter.
(d) Employ or retain a person to serve at the pleasure of the
commission as president and chief executive officer of the
commission, and other personnel, including private legal counsel of
its choice, necessary to carry out this chapter. The commission may
fix the compensation for all employees of the commission. 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.
(e) Establish offices and incur expenses, and enter into any and
all contracts and agreements, and create liabilities and borrow funds
in advance or receipt of assessments as may be necessary, at the
discretion of the commission, for the proper administration and
enforcement of this chapter and the performance if its duties.
(f) Maintain 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
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.
(g) Present facts to, and negotiate with, local, state, federal,
and foreign agencies on matters affecting the winegrape, wine, and
winegrape products industries.
(h) Appoint committees composed of both members and nonmembers of
the commission.
(i) Promote the sale of winegrapes, wine, and winegrape products
by advertising and other similar means for the purpose of maintaining
and expanding present markets and creating new and larger intrastate
and foreign markets for winegrapes, assess and address the impact of
local, state, federal and foreign regulations on the winegrape
products industries, and seek the elimination of tariff and nontariff
trade barriers.
(j) Educate and instruct the consuming public with respect to
winegrapes, wine, and winegrape products, including, but not limited
to, the uses, healthful properties and dietetic value of these
commodities, and the environmental protection and conservation issues
relating to the production of winegrapes.
(k) Educate and instruct the wholesale, food service, and retail
trade with respect to proper methods of handling and marketing of
winegrapes, wine, and winegrape products, arrange for the performance
of merchandising work providing display and other promotional
materials, conduct market surveys and analysis, assist local, state,
and federal agencies in negotiating with foreign governments
regarding issues affecting market access, including, but not limited
to, resolving phytosanitary issues, developing shipping protocols,
limiting chemical residues, and addressing packaging, labeling, and
other issues raised by countries imposing trade barriers on the
import of agricultural products into their markets, and undertake any
other similar activities that the commission may determine
appropriate for the maintenance and expansion of present markets and
the creation of new and larger markets for winegrapes, wine, and
winegrape products.
(l) Conduct, and contract with others to conduct, scientific and
other research, including the study, analysis, dissemination and
accumulation of information obtained from research or elsewhere
respecting the production, cultural practices, nutritional and
dietetic value, processing, storage, refrigeration, inspection,
transportation, marketing and distribution of winegrapes, wine, and
winegrape products.
(m) Accept contributions of private, local, state, or federal
funds, and make contributions of commission funds, or match
contributions, to other persons or to local, state, or federal
agencies for purposes of promoting, enhancing and maintaining the
Mendocino County winegrape, wine, and winegrape products industries.
(n) Cooperate with governmental or private entities in the
resolution of emergencies arising in the industry and impacting the
health and safety of the public or the continued stability of the
industry.
(o) 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.
(p) Establish an assessment rate to defray operating costs of the
commission.
(q) 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 for the payment of employees.
(r) Submit to the secretary for his or her concurrence an annual
statement of contemplated activities authorized pursuant to this
chapter.
(s) Keep confidential and not disclose, except when required by a
court order after a hearing in a judicial proceeding involving this
chapter, all information deemed proprietary or trade secret by the
commission. The Legislature finds and declares that this provision is
required to ensure that producer and vintner proprietary and trade
secret information shall not be disclosed. The commission shall
establish procedures to provide producers and vintners access to
communicate with other producers and vintners regarding noncommercial
matters affecting the commission so long as the access does not
directly or indirectly release proprietary or trade secret
information in the possession of the commission.
(t) 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.
(u) Administer any program that is engaged in activities
authorized by this chapter upon the request of an authorized agent of
the program.

78882. (a) The commission may collect and disseminate to any and
all interested parties, vintner market price information based on
sales that have occurred in order to prevent unfair trade practices
that are detrimental to the Mendocino County winegrape, wine, and
winegrape products industries, including, but not limited to,
deception and misinformation.
(b) The information reported under this section shall be kept
confidential and shall not be made public under any circumstances.
Only information that gives industry totals, averages, and other
similar data in aggregate, nonindividualized form may be disclosed by
the commission. The Legislature finds and declares that this
provision is required to ensure that vintner proprietary information
shall not be disclosed.
(c) The procedure for the collection and dissemination of
information pursuant to this section shall be concurred in by the
secretary.