SECTIONS 79461-79482 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79461-79482

79461. The powers and duties of the commission shall include, but
are not limited to, all of those contained in this article.

79462. 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. These actions of the commission 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.

79463. 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 for, proper or
advisable effectuation of the purposes of this chapter.

79464. 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.

79465. (a) The commission may employ a person to serve at the
pleasure of the commission as president 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.
(b) 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.
(c) If requested by an advisory board, board of directors, or any
authorized agent, the commission may administer any governmental
program related to the nursery products industry.

79466. The commission may fix the compensation for all employees of
the commission.

79467. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

79468. The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
develop, own, and control the use of any intellectual property, 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.

79469. 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, as he or she determines necessary, may conduct or cause to
be conducted a fiscal and compliance audit of the commission. Except
in the first year of operation, the commission shall prepare and
make available an annual report within 90 days of the beginning of
the fiscal year of all activities and the financial status of the
commission to all persons subject to this chapter.

79470. The commission may present facts to, and negotiate with,
local, state, federal, and foreign agencies and governments on
matters that affect the California nursery industry, including, but
not limited to, the maintenance and expansion of present markets, the
creation of new and larger markets for nursery products, invasive
pest issues, plant health, interstate and foreign export
requirements, registration of pesticides, actions applicable to the
state and federal environmental laws and regulations, applicable
governmental regulations and statutes, and international trade
agreements.

79471. The commission may conduct outreach, advertise, and educate
and instruct the public and the retail and wholesale trade with
respect to the quality, features, uses, and value of nursery products
and the practices and methods of production used by nurseries.

79472. The commission may conduct outreach and educate and instruct
the wholesale and retail trade, including, but not limited to, their
physical and electronic channels of distribution to markets with
respect to proper methods of handling and selling nursery products,
and conduct consumer, trade, and trading partner surveys and
analyses.

79473. The commission may conduct, and contract with others to
conduct, research, including the study, analysis, dissemination, and
accumulation of information obtained directly or from research or
elsewhere, with respect to cultural, production and postharvest
practices, and the sourcing, marketing and distribution of nursery
products. 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.

79474. The commission may contract to receive and render services
in formulating and conducting plans and programs and enter into any
other contracts or agreements that the commission deems necessary to
carry out this chapter.

79475. The commission may accept contributions of, or match
private, state, or federal funds, and employ or make contributions of
funds to other persons or local, state, or federal agencies for
proper or advisable effectuation of the purposes of this chapter.

79476. In its discretion, the commission may cooperate with or
provide funding to other private or governmental entities in the
resolution of emergencies arising in the industry and impacting the
health and safety of the public or to maintain the continued
stability and reputation of the nursery industry.

79477. The commission may collect information, including, but not
limited to, industry crop statistics, identity and size of markets,
and trading partners, and publish and distribute without charge, a
bulletin or other communication to producers of nursery products.

79478. The commission shall establish an assessment rate to be paid
by producers to defray operating costs of the commission.

79479. 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 79466.

79480. The commission shall submit to the secretary for his or her
concurrence an annual statement of contemplated activities authorized
pursuant to this chapter.

79481. 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.

79482. The commission may appoint any person to serve as an ex
officio member.