SECTIONS 79251-79252 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79251-79252

79251. 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 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 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 secretary
determines is not in the public interest or 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.
(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 secretary. The audit shall be made a part of an
annual report to all producers and handlers of blueberries, and
copies of the audit shall be submitted to the Legislature and 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.
(i) Promote the sale of blueberries 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
blueberries, and to educate and instruct the public with respect to
the uses, healthful properties, and nutritional value of blueberries.
(j) Educate and instruct the wholesale and retail trade with
respect to proper methods of handling and selling blueberries, make
market surveys and analyses, and present facts to, and negotiate
with, state, federal, and foreign agencies on matters that affect the
marketing of blueberries.
(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 blueberries.
(l) Conduct, and contract with others to conduct, scientific
research, including the study, analysis, dissemination, and
accumulation of information obtained from research or elsewhere with
respect to cultural and production practices, good agricultural
practices, and marketing and distribution of blueberries. 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 to producers
and handlers a bulletin or other communication for dissemination of
information, including, but not limited to, crop statistics relating
to the blueberry 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 secretary prior to
disbursement of funds, except for disbursements made pursuant to
subdivision (e).
(p) Submit to the secretary for his or her concurrence, an annual
statement of contemplated activities authorized under this chapter.
(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.
(r) Administer any program authorized in Article 9 (commencing
with Section 79301).
(s) Prescribe the form and manner by which proponents and
opponents of the commission may contact producers and handlers so
long as all expenses associated with the contacts are paid in
advance.
(t) Develop and promote good agricultural practices and other food
safety practices for the production of blueberries.

79252. (a) To prevent unfair trade practices which are detrimental
to California's blueberry industry, including, but not limited to,
deception and misinformation, the commission shall collect and
disseminate to any and all interested persons, handler f.o.b. (free
on board), market price information based on sales that have
occurred.
(b) The identity of each handler reporting information and the
information reported under this section shall be kept confidential
and not 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 the
information pursuant to this section shall be approved by the
secretary.