California

Food and Agricultural Code - FAC

9,659 sections, each with the official text and a plain-English explanation of what it means for you.

• § 59244 — At the time and place which is designated for such administrative hearing, the director shall hear the parties to the complaint and shall enter in his office at Sacramento, his findings which are base
• § 59245 — If the director finds from the administrative hearing that a violation has occurred, he shall so enter his findings and notify the parties to such complaint.
• § 59246 — The Attorney General, or any district attorney, shall upon complaint by the director or any other person, or may, upon his own initiative, if, after examination of the complaint and evidence he believ
• § 59247 — The Attorney General shall upon complaint by the director or may, upon his own initiative, if, after examination of the complaint and evidence he believes a violation to have occurred, bring an action
• § 59248 — If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing
• § 59249 — In any suit brought by the Attorney General to enforce any provision of this chapter, any marketing order which is issued by the director and effective pursuant to this chapter, or any regulation, or
• § 5925 — The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration.
• § 59250 — Any such action may be commenced either in the county where defendant resides, or where any act or omission, or part of the act or omission, which is complained of occurred.
• § 59251 — The penalties and remedies which are prescribed in this article with respect to any violation mentioned in this article are concurrent and alternative, and neither singly nor combined are exclusive, a
• § 59252 — In lieu of other procedures which are provided in this article, the director may, if he finds that any person has exceeded any quota, allotment, or marketable percentage which is fixed for him pursuan
• § 5926 — Nonreceipt of a ballot shall not invalidate a referendum.
• § 5927 — (a) If the secretary finds that a favorable vote has not been given as provided in this article, this article shall become inoperative within one year of the end of the referendum period.
• § 5928 — Upon termination of this article, and based upon a recommendation of the committee subject to approval by the secretary, any collected assessments not required to defray financial obligations incurred
• § 59281 — This article applies to any lot of any commodity which is regulated by a marketing order or marketing agreement wherever, or in whose possession, such lot may be in the marketing channels within this
• § 59282 — Any authorized inspector, or other authorized person, who is discharging his duties in the checking of compliance with the provisions of any marketing order which is made effective pursuant to this ch
• § 59283 — Except as otherwise provided in this article, any authorized inspector, or other authorized person, in the discharge of his duties, if he has reason to believe that a lot of any commodity subject to a
• § 59284 — Following inspection, such inspector or other authorized person may affix to any lot which is determined to be in noncompliance, an official notice, warning tag, or other appropriate marking which war
• § 59285 — The director, or the authorized person by whom such lot is being held, shall serve the person in possession of the lot with a notice of noncompliance.
• § 59286 — The notice of noncompliance shall include all of the following: (a) A description of the lot.
• § 59287 — The owner of the lot shall have, in the case of a perishable commodity not to exceed 48 hours, and in the case of a nonperishable commodity not to exceed 72 hours, from the time of serving such notice
• § 59288 — If the owner of the lot fails or refuses to give such consent, or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring it into compliance within the time which
• § 59289 — (a) The enforcing officer may file a verified petition in superior court requesting permission to divert the lot to any other available lawful use or to destroy the lot.
• § 59290 — Upon the filing of the verified petition, the court may issue an order to show cause returnable in five days after service upon the owner why the lot shall not be reconditioned or the deficiencies cor
• § 59291 — If at the expiration of the five-day period the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgmen
• § 59292 — In the event of sale of any lot by order of court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into court f
• § 59293 — Disposal of any lot or portion of any lot pursuant to the provisions of this article, whether such disposal be by arrangement with an enforcement officer or by court order, does not waive any of the p
• § 593 — This article shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2034, deletes or extends that date.
• § 5930 — No later than July 1, 2011, the committee, in consultation with the department, shall enter into a memorandum of understanding with citrus pest control districts responsible for funding citrus tristez
• § 5931 — In the event the committee and the citrus pest control districts do not agree on the terms of the memorandum of understanding as prescribed in Section 5930, the citrus pest control districts shall con
• § 5940 — (a) The provisions of this article are severable.
• § 59501 — This chapter shall be known as the Agricultural Producers Marketing Law.
• § 59502 — Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 59504 — “Commodity” means any horticultural, viticultural, or vegetable product of the soil, aquacultural, livestock and livestock products, and poultry and poultry products.
• § 59505 — “Dealer” means any distributor or retailer.
• § 59506 — “Distributor” means any person, except a retailer, that acquires and distributes any commodity at wholesale or retail.
• § 59507 — “Handler” means any person that receives any commodity from the producer for the purpose of marketing it.
• § 59508 — “Marketing program” means any program which contains provisions which are authorized by Article 8 (commencing with Section 59801) of this chapter.
• § 59509 — “Primary channel of trade” means that transaction in which the producer or a cooperative marketing association of producers transfers physical possession of the commodity to another person in the curr
• § 5951 — The Legislature hereby finds and declares all of the following: (a) The introduction of Mexican fruit flies into California presents a serious threat to California’s economy.
• § 59510 — “Producer” means any person that is engaged in the business of growing or producing any commodity for commercial use.
• § 59511 — “Processor” means any person that buys, or otherwise takes title to or possession of, any commodity for the purpose of processing or manufacturing it or selling, reselling, or redelivering it in dried
• § 59512 — “Proration” means the application of allocated quantities or percentages under a uniform rule to the production, or merchantable production, of all producers that are affected, for the purpose of regu
• § 59513 — “Proration zone” means any district for which a marketing program is proposed or has been instituted.
• § 59514 — “Retailer” means any person that is engaged in the business of making retail sales direct to the general public.
• § 5952 — The director may establish and operate a facility outside of this state to produce sterile Mexican fruit flies or enter into an agreement with any other public or private entity to jointly establish a
• § 5953 — Any contract entered into by the department to determine the appropriate location, select a suitable facility, or prepare preliminary plans and working drawings is exempt from the Public Contract Code
• § 59541 — The Legislature declares that: The disorderly marketing of commodities in this state; the improper preparation for market; the lack of uniform grade specifications or uniform inspection of commodities
• § 59542 — The conditions set forth in Section 59541 vitally concern the health, peace, safety and general welfare of the people of this state.
• § 59543 — The production and marketing of commodities by producers within this state is declared to be affected with a public interest.
• § 59545 — Any order of the director which makes effective a marketing program, and any other order of the director which substantially affects the rights of any interested party, may be reviewed by any court of
• § 59546 — If producers of any commodity which is regulated by a marketing program that is issued by the director pursuant to the provisions of this chapter are required to comply with minimum quality, condition
• § 59571 — By reason of the climatic and other conditions which relate to the production and marketing of figs for canning purposes, no marketing program pursuant to this chapter shall be established for figs fo
• § 59572 — By reason of the climatic conditions and other factors which relate to the production of grapes in such counties, no marketing program shall be applicable to grapes in Sonoma, Napa, Mendocino, Lake, S
• § 59607 — The director may appoint an attorney and shall provide for such other personnel as may be necessary and shall prescribe their duties.
• § 59611 — The director may conduct hearings and investigations to carry out the intent and purposes of this chapter.
• § 59612 — In the conduct of any hearing, inquiry, or investigation, the director may administer oaths, and issue subpoenas for the attendance of witnesses and the production of papers, books, maps, accounts, do
• § 59614 — The superior court of the county in which any inquiry, investigation, or hearing is held may compel the attendance of witnesses and require the disclosure by the witnesses of all facts known to them,
• § 59615 — Any party that disobeys any order or subpoena which is issued pursuant to the authority of the director is guilty of contempt and shall be certified to the superior court of the county in which the co
• § 59616 — The director through his duly authorized representatives and agents, including any proration zone agent who is in charge of a marketing program, shall have access, solely for the purposes of investiga
• § 59617 — In carrying out his duties under this chapter, the director may utilize the facilities and personnel of the state and county departments of agriculture.
• § 59618 — A full and accurate record of business or acts which are performed, or of testimony which is taken pursuant to the provisions of this chapter, shall be kept and be placed on file in the office of the
• § 59619 — The director may purchase general liability insurance for all marketing programs subject to the provisions of this chapter in an amount he or she determines as necessary.
• § 59641 — Ten or more producers of the variety or kind of commodity which is to be affected may file with the director a petition for the establishment of a proration zone and the institution of a marketing pro
• § 59642 — The petition shall, among other things, contain or be accompanied by all of the following: (a) A description of the district which comprises the proration zone upon which the proposed marketing progra
• § 59643 — Except as otherwise provided in Section 59654, if, after receiving a petition for the establishment of a proration zone and a proposed marketing program for it, the director determines that such propo
• § 59645 — Prior to holding a public hearing upon a proposed proration zone and a proposed marketing program, the director: (a) May require the petitioners to file with the department a good and sufficient under
• § 59646 — In establishing the list of producers, the director may issue a notice to handlers which requires them to file with the director a certified report that shows all of the following: (a) The name and ma
• § 59647 — The notice to handlers which requires them to file the lists shall be published by the director pursuant to Section 6062 of the Government Code in the capital of the state and in such other localities
• § 59648 — In addition, the director may obtain lists of producers that are affected, whenever and in such manner as he may deem necessary or advisable for the purpose of checking, comparing, or correcting such
• § 59649 — Any producer that produces the commodity which is affected by any proposed or existing marketing program, whose name does not appear upon the director’s list of producers affected, may have his name e
• § 59650 — Notice of the public hearing shall be mailed to a list of producers within the proposed zone at least 10 days prior to such hearing.
• § 59651 — At the public hearing, the director shall receive evidence offered by the petitioners in support of the proposed proration zone and the proposed marketing program and evidence from any interested pers
• § 59652 — The hearings may be adjourned from time to time and from place to place as the circumstances may require.
• § 59653 — All evidence and exhibits and all facts and data which are used directly or indirectly by the director, or introduced at a hearing shall, within a reasonable time after being used or introduced, be av
• § 59654 — The director may decline to hold a public hearing upon a proposed proration zone and a proposed marketing program if he determines and is satisfied that a public hearing cannot be held within a reason
• § 59655 — Before issuing a marketing program for the written assent of producers, which contains provisions for correlating the supply of the commodity which is affected with market demands for it by means of r
• § 59656 — In making the findings which are required by Section 59655, the director shall take into consideration all facts which are available to him with respect to all of the following economic factors.
• § 59657 — Before issuing a marketing program for the written assent of producers, which contains provisions for the purpose of regulating the flow of the commodity, or any grade or size of it, to market without
• § 59658 — In making any findings pursuant to Section 59657, the director shall base his findings upon the facts, testimony, and evidence which is received at the public hearing together with any other relevant
• § 59659 — In addition to either of the applicable findings prescribed by Section 59655 or 59657, the director shall find that the proposed proration zone includes all of the area within this state which is reas
• § 59660 — If, at a public hearing which includes a consideration of the establishment of the boundaries of a proration zone, it appears that the inclusion of territory additional to that which is described in t
• § 59662 — Each proration zone is a separate public corporate entity.
• § 59691 — Any area within the state which is not already included in a proration zone that produces the same kind or variety of a commodity as is produced in a proration zone which is already established pursua
• § 59692 — A petition to change the boundaries of any proration zone may be filed with the director by producers that produce not less than 10 percent of the production of the commodity which is affected that is
• § 59693 — After the hearing, findings shall be made and procedures followed which are in accordance with the applicable provisions of Article 5 (commencing with Section 59641) of this chapter.
• § 59694 — If the marketing program which is submitted is not assented to by producers in sufficient number and by sufficient volume to meet the requirements of Article 9 (commencing with Section 59851) of this
• § 59721 — The affairs of each proration zone shall be managed by a marketing program committee which is appointed in accordance with this chapter.
• § 59722 — For terms subsequent to the term of the initial committee, members and their respective alternates shall be selected and appointed in accordance with the following procedure: The director shall divide
• § 59723 — Eligible lists shall be established by the director either by means of a meeting of producers in each district, or by means of mail ballot, or by a combination of meetings and mail ballot.
• § 59724 — If a corporation or a partnership is a producer, it may designate a representative who may be a nominee.
• § 59725 — Each respective alternate shall be appointed from the same eligible list from which the member is appointed.
• § 59726 — The marketing program committee may at any time invite any handler or other person to its meetings to serve in an advisory capacity and may authorize, subject to the approval of the director, the paym
• § 59727 — The director may, if requested by the producer members of the marketing program committee, appoint on the committee, in addition to the producer members, not more than three handler members and their
• § 59728 — If grade, quality, or size regulations are authorized under any marketing program for any commodity which is used for canning, freezing, fermenting, or distilling, and the regulations are not an integ
• § 59729 — The members and alternate members of any marketing program committee or grading committee which are duly appointed by the director, including employees of the marketing program committee, are not resp
• § 59730 — Marketing program committee members are entitled to compensation at a rate not exceeding ten dollars ($10) each for each day while engaged on official business.
• § 59731 — An alternate member of a marketing program committee shall sit as a regular member of the committee if the member for whom he is an alternate fails for any reason to attend any meeting of the committe
• § 59732 — Any vacancy on the marketing program committee which is occasioned by the expiration of term of office shall be filled from eligible lists of producers selected in each district obtained as provided i
• § 59733 — The marketing program committee shall appoint an agent, subject to the approval of the director, who shall administer the marketing program under the direction of the marketing program committee and w
• § 59734 — The agent shall appoint such deputy agents and other assistants as may be necessary to direct the marketing program.
• § 59735 — The marketing program committee, with the approval of the director, may do all of the following: (a) Appoint subcommittees in any producing areas within the proration zone to facilitate the carrying o
• § 59736 — The exercise of the powers which are granted to a marketing program committee in its administration of a marketing program which is made effective pursuant to this chapter is subject to the approval o
• § 59737 — Upon recommendation of the marketing program committee which is concerned, the director may, consistent with this chapter, establish such administrative regulations as may be necessary to facilitate t
• § 59738 — It is hereby declared, as a matter of legislative determination, that producers, or handlers, and processors appointed to any committees pursuant to this article are intended to represent and further
• § 59801 — The powers which are granted to a marketing program committee by a marketing program pursuant to this article may be exercised for the purpose of minimizing the effect of any surplus or other adverse
• § 59802 — A marketing program may authorize the marketing program committee to establish and maintain stabilization and surplus pools.
• § 59803 — The program committee may receive from each producer for delivery into a stabilization or surplus pool the uncertificated portions of the commodity which is regulated by the marketing program and mark
• § 59804 — In operating any stabilization or surplus pool, the marketing program committee may receive and account for the commodity on the basis of variety, grade, or size classifications, and may fix servicing
• § 59805 — The marketing program committee has title to all of the commodity in each of the pools and shall handle all of the commodity received into each of the pools and account for it to each producer that is
• § 59806 — The contents of a stabilization pool may be disposed of or may be marketed, from time to time, as the marketing program committee deems advisable, consistent with the maintenance of stabilized marketi
• § 59807 — The contents of a surplus pool shall not be marketed in any form which would directly compete with that portion of the commodity which is regularly certificated or which is in a stabilization pool.
• § 59808 — A marketing program may authorize the marketing program committee to establish and maintain diversion or substandard pools.
• § 59809 — In operating any such diversion or substandard pool, the marketing program committee may fix servicing charges to be assessed against the commodity which is received into the pool and may receive and
• § 59810 — The contents of any diversion or substandard pool shall be disposed of for byproducts or for other purposes under proper safeguards to prevent that part of the commodity which is so disposed of from d
• § 59811 — A marketing program may authorize the marketing program committee to create, establish, or otherwise obtain and operate any facility for the storing, financing, grading, packing, servicing, processing
• § 59812 — The marketing program committee may pledge all of the commodity that is in any pool which is established pursuant to any provision of this article with a bank or other lending agency for the purpose o
• § 59813 — A marketing program may authorize the marketing program committee to create, by a uniform assessment upon producers based upon the volume of the commodity which is marketed by each, or upon some other
• § 59814 — No part of any funds which are raised for equalization fund purposes, as specified in Section 59813, shall be applied to the cost of maintenance of the department.
• § 59815 — A marketing program may authorize the marketing program committee to establish, adopt, and apply methods for correlating the marketable supply of any commodity to the reasonable market demands by mean
• § 59816 — A marketing program may authorize the marketing program committee to broaden distribution and increase consuming outlets by appropriate educational and trade stimulation efforts of a general industry
• § 59817 — Educational and trade stimulation efforts may include all of the following: (a) Efforts to prevent, modify, or remove trade barriers which directly affect the commodity to which the marketing program
• § 59818 — For the purpose of providing funds to defray the cost of formulating, administering, and enforcing educational and trade stimulation efforts, a fee or assessment shall be established and collected upo
• § 59819 — Any portion of the funds which are collected during any marketing season to accomplish the purposes of Sections 59816, 59817, and 59818 may, subject to the approval of the director, be carried forward
• § 59820 — Any educational and trade stimulation efforts which are authorized by any marketing program if approved by growers, either by written assent or by referendum ballots, for a specified period of time, b
• § 59821 — A marketing program may authorize the marketing program committee to provide for the adjustment of production of any commodity by means of tree or vine pulling.
• § 59822 — A marketing program of production adjustment adopted under Section 59821 shall not authorize any payment for the removal of acreages of trees or vines of any species or variety specified in the market
• § 59823 — If the marketing program committee finds that the results of research would be advantageous in the administration of a marketing program, it may, subject to the approval of the director, authorize and
• § 59824 — In any such research, the Dean of the College of Agriculture of the University of California and the program committee shall cooperate in selecting the research projects to be carried on from time to
• § 59851 — Upon the issuance of a marketing program for the written assent of producers, the director shall submit a copy of the marketing program in full to each of the producers of the commodity which is to be
• § 59852 — A nonprofit cooperative association may assent on behalf of any of its members only if it is authorized so to do by an instrument in writing which is signed by the member.
• § 59853 — The director may at the time of mailing to producers a marketing program or amendments to it for written assent, establish a closing date after which assents will not be counted.
• § 59854 — If the closing date is not established at the time assent forms are mailed to producers, and the director subsequently finds that because of the oncoming harvesting season or because of any other rele
• § 59855 — If the director finds that the marketing program has been assented to in writing by one of the following, he shall make the marketing program effective: (a) Not less than 65 percent of the producers i
• § 59856 — If the director makes a marketing program effective, he shall publish a notice of the effective date pursuant to Section 6061 of the Government Code in the capital of the state and in such other local
• § 59857 — A member of the marketing program committee, or the proration zone agent, shall not unduly influence producers in their choice either for or against the institution of a marketing program, or for or a
• § 59881 — After any marketing program has been formulated and has been approved as provided in this chapter, the agent for the proration zone shall assume the administration of the marketing program and any sub
• § 59882 — Each producer is entitled to one primary certificate which may indicate the quantities of the commodity for which the marketing program has been instituted which the producer that is named in the cert
• § 59883 — Secondary certificates shall be numbered consecutively and shall be used to control the time and volume of harvesting or other preparation for disposal.
• § 59884 — In the case of any commodity which is normally concentrated for preparation for market, the marketing program committee may authorize the harvesting of the entire commodity for the purpose of delivery
• § 59885 — Primary or secondary certificates are not negotiable between producers, except with the approval of the marketing program committee and the director.
• § 59886 — In the operation of any marketing program, any cooperative or other market agency which is entitled to the possession of any commodity for marketing purposes may be authorized in writing by the market
• § 59911 — Any amendment to a marketing program which is specified in Sections 59912 to 59921, inclusive, is a major amendment.
• § 59912 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to correlate the marketable supply of any commodity with reasonable market demands by means of volume, g
• § 59913 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to fix salable and surplus percentages.
• § 59914 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to establish, maintain, and operate stabilization, surplus, or diversion—substandard pools.
• § 59915 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to create, establish, or otherwise obtain and operate any facility for the storing, financing, grading,
• § 59916 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to create and disburse an equalization fund as provided for in Sections 59813 and 59814.
• § 59917 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to broaden distribution and increase consuming outlets by educational and trade stimulation efforts.
• § 59918 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to provide for the adjustment of production of any commodity by means of tree or vine pulling.
• § 59919 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority for carrying on research which is related to production, processing, or distribution of any commodity, t
• § 59920 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to increase an assessment rate or fee beyond the maximum authorized by the marketing program which is in
• § 59921 — An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to extend the application of the provisions of the marketing program to portions or uses of any commodit
• § 59922 — A major amendment shall not be made effective unless a public hearing has been held upon it in accordance with Article 5 (commencing with Section 59641) of this chapter for the establishment or instit
• § 59923 — Minor amendments may be made to an effective marketing program upon the recommendation of not less than 75 percent of the producer members of the marketing program committee, with the approval of the
• § 59924 — If the director deems it advisable, he may hold a public hearing upon minor amendments prior to such approval.
• § 59925 — The amendment of any marketing program to provide for a referendum is a minor amendment.
• § 59926 — Any modification of the provisions of any marketing program in effect for the purpose of clarifying the meaning or application of the provisions or modifying administrative procedures for carrying out
• § 59927 — If the director makes any amendment to a marketing program effective, he shall publish a notice of the effective date pursuant to Section 6061 of the Government Code in the capital of the state and in
• § 59941 — The proration zone agent for each marketing program shall collect, either for each primary certificate or for each secondary certificate, or for both, a reasonable and proportional fee to be fixed by
• § 59942 — Any fee for primary certificates or secondary certificates which is fixed by the program committee with the approval of the director, pursuant to this article, is due and payable by each producer upon
• § 59943 — If any producer has authorized a handler to obtain secondary certificates and pay secondary certificate fees on behalf of the producer, or the handler has been a party to noncompliance with respect to
• § 59943.5 — For the convenience of collecting any producer fees which are established pursuant to this article, the director may collect such fees from the handlers of the commodity which is being regulated.
• § 59944 — The proportion of the fees which is payable to the department may vary upon a seasonal basis for each program according to the estimated expense to be incurred by the director in administering the mar
• § 59945 — Upon the request of any marketing program committee, the director shall confer with the committee or its representatives prior to fixing the amount or proportion of any fees of the marketing program w
• § 59946 — All fees shall be deposited promptly by the proration zone agent in a bank which is approved by the Director of Finance, and shall be accounted for immediately to the Director of Food and Agriculture.
• § 59947 — (a) The funds that are deposited pursuant to Section 59946 shall be disbursed by the director or the marketing program committee, pursuant to regulations prescribed by him or her, only for the expendi
• § 59948 — The proportionate amount of fees which are payable to the department shall be withdrawn from the funds monthly by the director and shall be used only for the department in carrying out its duties as r
• § 59949 — At the end of any marketing season as designated in each marketing program, after proper provision has been made for the payment of all necessary expense which is incurred in connection with the marke
• § 59950 — At the time a refund is made, the marketing program committee shall file with the director a claim for the refund to growers that are entitled to such refund.
• § 59951 — Unexpended balances of any money which is collected to carry out the educational and trade stimulation efforts which are provided for in Sections 59816, 59817, and 59818 which are sufficient in amount
• § 59952 — If the unexpended balance is so small as to make impractical the computation and remitting of a pro rata refund, the director may authorize the transfer of the funds to the administrative account of t
• § 59953 — Unless otherwise requested by the marketing program committee, the director is not required to issue refunds to any producer in an amount less than five dollars ($5).
• § 59954 — Any check or warrant which is drawn against the fund of any marketing program which remains unclaimed or uncashed for a period of six months from the date of issuance shall be canceled and the money r
• § 59955 — If there is no marketing program then in effective operation for the commodity, the funds shall be credited to the unexpended balance, if any, of the last previous marketing program for the commodity.
• § 59956 — An agent or employee of the marketing program committee shall not have or receive any funds which are collected pursuant to this chapter until such agent or employee has filed with the director a bond
• § 59957 — Upon the recommendation of the marketing program committee, the director may relieve the proration zone agent of the responsibility of collecting any amount which is due and unpaid not exceeding five
• § 59958 — The director, in addition to other remedies which are provided by law, may direct suit in the name of the people of this state as plaintiff, to be brought for the recovery of fees as provided in this
• § 59981 — Except as otherwise provided in Section 59820, if any marketing program which is in active operation does not provide for a periodic referendum of producers of record with the department, directly aff
• § 59982 — An expression by a majority of the producers that participate in the referendum shall govern the action of the director in declaring a program modified, continued, or suspended.
• § 59983 — In conducting the referendum, the director may require the majority expression to be that of producers in terms of volume of production in addition to numbers of producers voting.
• § 59984 — After the institution of any marketing program, the program shall be terminated if there is filed with the director a petition for its termination which is signed by not less than 40 percent of the pr
• § 59985 — Each petitioner shall, upon affixing his signature to the petition for termination, write in the date of signing.
• § 59986 — If from a check of the petition together with the facts and evidence which are adduced at the hearing, it is established that the petition to terminate is signed by the required 40 percent of the prod
• § 59987 — The costs incident to conducting the hearing and making of findings shall initially be paid from the funds of the program to the extent that they are available and thereafter from the undertaking.
• § 59988 — The director may at any time initiate an investigation to determine whether or not the facts which are specified in Sections 59655 to 59662, inclusive, continue to exist.
• § 6 — No action or proceeding which is commenced before this code takes effect, and no right which is accrued, is affected by any provision of this code, but all procedure thereafter taken in such action or
• § 6001 — It is hereby declared that the cotton industry of this state is threatened with the invasion of cotton boll weevil and pink bollworm of cotton.
• § 60011 — Any action for penalties or other remedies which is prescribed in this chapter shall be commenced within two years from the date of the alleged violation.
• § 60012 — Any person that possesses, markets, handles, or transports any commodity in violation of any provision of an original or modified marketing program which is approved and made effective or in violation
• § 60013 — Any person that violates a marketing program which is approved and made effective, or violates any regulation which is adopted by any program committee and approved by the director, is liable civilly
• § 60014 — Except as otherwise provided in Section 60015, it is a misdemeanor for: (a) Any person to willfully render or furnish a false or fraudulent report, statement, or record required under this chapter.
• § 60015 — Section 60014 does not apply to a common carrier which is operating over a regular route or between fixed termini if the shipment is made by the carrier in good faith and in accordance with its duties
• § 60016 — (a) When the director makes a determination that a marketing program fee payment due pursuant to this chapter is deficient as to the payment due, the director may determine the amount of the deficienc
• § 6002 — The director, or an entity designated by the Cotton Pest Control Board, may contract with the United States Department of Agriculture for the purpose of controlling, suppressing, or eradicating cotton
• § 6003 — “First handler” means the first person who, as owner, agent, or broker, purchases, or otherwise acquires from a grower, possession or control of cotton.
• § 6005 — (a) Every grower of cotton in the state shall pay a fee of three dollars ($3) for each bale of cotton ginned or for each bale of cotton sold by a grower in this state who received the cotton under the
• § 6006 — The director shall appoint a Cotton Pest Control Board, consisting of 10 members, to assist and advise him or her on matters which pertain to the control of cotton pests and to carry out its authority
• § 6006.5 — It is hereby declared, as a matter of legislative determination, that cottongrowers appointed to the Cotton Pest Control Board pursuant to this article are intended to represent and further the intere
• § 6006.6 — Any decision made by the Cotton Pest Control Board which results in an entity other than the department administering this article shall be made not later than May 1 of any year.
• § 601 — The department may, with the approval of the Department of General Services, purchase or otherwise acquire real property.