PART 1. GENERAL PROVISIONS [58001. - 58596.5.]
Part 1 enacted by Stats. 1967, Ch. 15.
§§ 58001–58596.5 · 83 sections
CHAPTER 1. State Marketing Services §§ 58001–58093 · 22 sections
ARTICLE 1. Definitions and General Provisions §§ 58001–58005 · 5 sections
- § 58001 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 58002 “Organization of producers and distributors” includes all corporations, societies, associations, and organizations of producers, producers and distributors, or…
- § 58003 “Product” means any agricultural, aquacultural, dairy, or farm product which is produced, grown, raised, manufactured, or processed within the state.
- § 58004 Except as provided in Section 58005, fees, charges, and costs that are collected under this chapter shall be paid into the State Treasury to the credit of the…
- § 58005 All fees, charges, and costs that are received under this chapter for the collection, analysis, and dissemination of market news shall be paid into the State…
ARTICLE 2. Powers of the Director §§ 58031–58042 · 12 sections
- § 58031 The director may act as adviser for producers and distributors, if requested, and assist them in economical and efficient distribution of any product at fair…
- § 58032 The director may gather and disseminate impartial information which concerns supply, demand, prevailing prices, and commercial movements, including common and…
- § 58033 The director may promote, assist, and encourage the organization and operation of cooperative and other associations and organizations for improving the…
- § 58034 The director may foster and encourage cooperation between producers and distributors of any product, in the interest of the general public.
- § 58035 The director may foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and sale of any product.
- § 58036 The director may act as a mediator or arbitrator, if invited by both parties, in any controversy or issue that may arise between producers and distributors of…
- § 58037 The director may certify, for the protection of owners, buyers, or creditors, if so requested, warehouse receipts for any product, verifying quantities and…
- § 58038 The director may issue labels on request of the producer, packer, canner, or distributor, for any product for which labels have not otherwise been authorized…
- § 58039 The director may act on behalf of the consumers of any product in conserving and protecting their interests in every practicable way.
- § 58040 The director may improve, broaden, and extend in every practicable way, the distribution and sale of any product of this state throughout the markets of the…
- § 58041 The director may promote in the interest of the producer, the distributor, and consumer, economical and efficient distribution and marketing of any product…
- § 58042 The director may enter into any cooperative agreement with any department or agency of the federal government, or with any other state or agency of it, in…
ARTICLE 3. Investigations §§ 58061–58062 · 2 sections
- § 58061 The director may conduct investigations, make surveys, and assemble facts which are pertinent to marketing and to the formulation, administration, or amendment…
- § 58062 The director may make pertinent investigations which concern the aggregate amount of any product which is held in common or cold storage. In connection with…
ARTICLE 4. Collection and Dissemination of Information §§ 58091–58093 · 3 sections
- § 58091 The director shall provide for the collection, analysis, and dissemination of statistics and other information which relates to the production and marketing of…
- § 58092 The director may establish such facilities and publish such bulletins and reports as are necessary and proper in keeping producers and handlers informed with…
- § 58093 The director shall cooperate with the Secretary of Agriculture, and with the appropriate office of the State of Oregon, to establish a market news service in…
CHAPTER 2. Cooperative Agreements §§ 58201–58233 · 7 sections
ARTICLE 1. General Provisions §§ 58201–58203 · 3 sections
- § 58201 It is the policy of this state to gain maximum benefits in behalf of agriculture from the results of research and service work performed by local, state, and…
- § 58202 Since the Congress of the United States has recognized the value of marketing research, developmental, and service work through the enactment of agricultural…
- § 58203 The department is the proper state agency for such intergovernmental cooperation in those regulatory and service features contemplated by Public Law 733 (60…
ARTICLE 2. Powers of the Director §§ 58231–58233 · 4 sections
- § 58231 The secretary may enter into cooperative agreements with the Secretary of Agriculture of the United States Department of Agriculture or the Administrator,…
- § 58231.1 If a cooperative agreement related to federal-state cooperative market news services, as described in subdivision (b) of Section 58231, is not in effect in the…
- § 58232 The director may also enter into agreements with federal administrative committees established by the Secretary of Agriculture of the United States pursuant to…
- § 58233 The director may receive and pay out money for the purposes which are mentioned in this article.
CHAPTER 3. Void Contracts and Restraint of Trade §§ 58351–58383 · 6 sections
ARTICLE 1. Void Contracts §§ 58351–58353 · 3 sections
- § 58351 Any contract which is made for the purpose of injuring competitors and destroying competition under which the seller of any agricultural product agrees to pay…
- § 58352 Advertising allotments or discounts by a seller to a buyer for bona fide advertising expenditures, however, are not included within such transactions which are…
- § 58353 It is a misdemeanor for any person to take any part in any transaction which is declared by this article to be against public policy and void whether as…
ARTICLE 2. Destruction of Foodstuffs in Restraint of Trade §§ 58381–58383 · 3 sections
- § 58381 It is unlawful for any person to destroy, in restraint of trade, any fowl, animal, vegetable, aquacultural product, or other stuff, product, or article which…
- § 58382 A person that receives any agricultural product, for sale on commission or for sale or exchange for the benefit of any other person, shall not destroy,…
- § 58383 A copy of each such permit together with a copy of each such detailed statement shall, on the day such permit is issued, be served personally by the consignee,…
CHAPTER 4. Assignment of Dues §§ 58451–58454 · 4 sections
- § 58451 If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of farm products,…
- § 58452 No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in Section 58451…
- § 58453 An assignment of dues may not exceed 2 percent of the total value of the product which is delivered by the grower or producer to the dealer or processor.
- § 58454 Payment need not be made under any assignment of dues pursuant to Section 58451 until the dealer or processor has available and under his control funds owing…
CHAPTER 5. Donation of Food §§ 58501–58509 · 12 sections
- § 58501 For purposes of this chapter: (a) “Agricultural product” means any fowl, animal, vegetable, or other stuff, product, or article which is customary food, or…
- § 58502 (a) A person or gleaner engaged in the business of processing, distributing, or selling an agricultural product may donate, free of charge, a product that is…
- § 58503 To assist in accomplishing the purposes of Section 58502, the board of supervisors of any county may establish, and publicize the availability of, a surplus…
- § 58503.1 In order to qualify as a food bank, an organization shall meet all of the following minimum standards: (a) It shall have access to storage facilities and…
- § 58503.2 To assist in accomplishing the purposes of this chapter and to maximize use of state surplus equipment, the Director of General Services may assist a food bank…
- § 58503.3 Nothing in this chapter restricts or limits the operation of any other nonprofit organizations which are engaged in the distribution of agricultural products…
- § 58503.4 Programs operated in accordance with this chapter shall complement, and not in any way lessen, assistance to families and individuals pursuant to the Food…
- § 58504 The board of supervisors may provide for the inspection of such products by the county health officer, upon request of the donee, prior to delivery by the…
- § 58505 Except for any injury resulting from gross negligence or willful act, no county or agency of a county established pursuant to this chapter and no person who…
- § 58507 (a) Any nonprofit charitable organization, that receives any agricultural product pursuant to this chapter, shall not sell or offer to sell any such…
- § 58508 In operating an information and food collection center pursuant to this chapter, the board of supervisors shall provide for the screening of donees to assure…
- § 58509 (a) The Secretary of Food and Agriculture shall consult with four food bank representatives, two from the northern portion of the state, all of whom have been…
CHAPTER 6. Foreign Marketing §§ 58551–58583 · 26 sections
ARTICLE 1. General Provisions §§ 58551–58565 · 16 sections
- § 58551 This act shall be known and may be cited as the N. Waters-Nielsen-Vuich-Berryhill Foreign Market Development Export Incentive Program for California…
- § 58552 (a) The Legislature finds and declares that it is the policy of this state to actively encourage and promote the sale of agricultural products of California in…
- § 58553 The definitions in this article apply to this chapter.
- § 58553.5 “Advisory committee” means the State Board of Food and Agriculture.
- § 58554 “Agricultural commodities” means the products of California farms and ranches and items processed from these products, and includes forest products,…
- § 58555 “Constraint” means a condition in a particular country or region which needs to be addressed in order to develop, expand, or maintain agricultural commodity…
- § 58556 “Cooperator” means a private or nonprofit agricultural marketing organization; a nonprofit trade association, whose members market agricultural commodities,…
- § 58557 “Marketing” means the advertising, sale, and distribution of agricultural commodities, including private brands and trade names, in foreign markets.
- § 58558 “Marketing plan” means the primary annual document prepared by cooperators and approved by the director which defines activities and budgets addressing…
- § 58559 “Project agreement” means a contract between the department and a cooperator under which the cooperator agrees to conduct activities that both address…
- § 58560 “State funds” means the funds made available by the department under a project agreement.
- § 58561 “Third party cooperator” means a foreign government or private organization which has entered into an agreement with a cooperator to join in the marketing of…
- § 58562 “Cooperator contributions” means contributions of money, personnel, materials, facilities, services, or supplies, expressed in terms of United States dollar…
- § 58563 The department shall adopt regulations, including criteria to establish what constitutes cooperator contributions, necessary to effectuate this chapter.…
- § 58564 The department shall, as one of its functions, provide assistance to persons from foreign countries who desire to purchase agricultural products produced in…
- § 58565 The department shall direct a portion of any additional funding, in excess of the original appropriation for purposes of this act, to be used for all of the…
ARTICLE 2. Project Agreements §§ 58571–58580 · 8 sections
- § 58571 (a) Project agreements may be entered into between the department and cooperators in order to address constraints and encourage the marketing of agricultural…
- § 58572 (a) The director may only approve a project agreement that appears to effectively contribute to the creation, expansion, or maintenance of markets abroad.…
- § 58573 Project agreements may promote either a single commodity or a group of related commodities. Activities shall be aimed at increasing both consumer and…
- § 58574 (a) State funds may be used to pay costs which are essential to, and clearly identifiable with, the carrying out of the activities specified in the marketing…
- § 58575 Activities undertaken pursuant to this chapter shall be supplemental to, and not a substitute for, any market development activities undertaken by the federal…
- § 58577 (a) (1) The director, the Director of General Services, and the advisory committee shall take necessary precautions to assure the confidentiality of the…
- § 58578 All project agreements entered into pursuant to this chapter, unless exempted in accordance with Section 10351 of the Public Contract Code, shall be submitted…
- § 58580 Nothing in this chapter precludes the director from separately funding project proposals coming from private or nonprofit agricultural marketing organizations,…
ARTICLE 3. Funding §§ 58582–58583 · 2 sections
- § 58582 (a) The California Agricultural Export Promotion Account is hereby created in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the…
- § 58583 The secretary may enter into goods and services contracts using funds from the California Agricultural Export Promotion Account for the activities described in…
CHAPTER 7. Institutional Purchasers of Agricultural Products § 58595 · 1 section
- § 58595 (a) A California state-owned or state-run institution that purchases agricultural food products shall implement necessary practices to achieve a goal of…
CHAPTER 8. The Buy American Food Act §§ 58596.1–58596.5 · 5 sections
- § 58596.1 This chapter shall be known, and may be cited, as the Buy American Food Act.
- § 58596.2 For purposes of this chapter, the following definitions apply: (a) “Agricultural food product” means a fresh or processed product, including fruits, nuts,…
- § 58596.3 (a) A public institution that receives federal meal reimbursement funding to provide prepared meals and that solicits bids for the purchase of an agricultural…
- § 58596.4 (a) To monitor price gouging, any local educational agency participating in a federal school lunch or school meal program subject to subdivision (a) of Section…
- § 58596.5 This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.