PART 2. GENERAL MARKETING LAWS [58601. - 60016.]
Part 2 enacted by Stats. 1967, Ch. 15.
§§ 58601–60016 · 381 sections
CHAPTER 1. California Marketing Act of 1937 §§ 58601–59293 · 223 sections
ARTICLE 1. Short Title and Definitions §§ 58601–58624 · 26 sections
- § 58601 This chapter shall be known as “The California Marketing Act of 1937.”
- § 58602 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 58603 “Administrative rules and regulations” means rules and regulations that are applicable to a particular marketing order or agreement which are issued and made…
- § 58604 “Advertising and sales promotion” means, in addition to its ordinarily accepted meaning, trade promotion and activities for the prevention, modification, or…
- § 58604.5 “Advertising and sales promotion” also means, in addition to its ordinary accepted meaning, activities for the modification or removal of trade barriers that…
- § 58605 “Commodity,” except as otherwise provided in Section 58747, means any agricultural, aquacultural, horticultural (including floricultural), vermicultural,…
- § 58606 “Directly affecting” or “directly affected” is synonymous with “directly regulating” and “directly regulated,” and means the direct application of regulations…
- § 58607 “Distributing” means engaging in the business of a distributor as defined in Section 58608.
- § 58608 “Distributor” means any person that engages in the operation of selling, marketing, or distributing, in intrastate commerce any commodity which he has produced…
- § 58608.1 “Educational program,” unless otherwise defined in this chapter, means a program established by the director pursuant to this chapter that provides for the…
- § 58609 “Fish” means every form of fish, either salt water or fresh water fish, which is used for human consumption, except fish for canning, retorting, reduction, or…
- § 58610 “General rules and regulations” means rules and regulations, which are applicable to all marketing orders and marketing agreements and are issued and made…
- § 58611 “Handler,” except with respect to fish and seafood, means any person that is engaged within this state as a distributor in the business of distributing any…
- § 58612 “Handling” means engaging in the business of a handler as defined in Section 58611.
- § 58613 “Major amendments” mean amendments to any marketing order or agreement which are made pursuant to Article 13 (commencing with Section 59021) of this chapter.…
- § 58614 “Marketed by producers” means producer marketing, as defined by Section 58621.
- § 58615 “Marketing order” means an order which is issued by the director, pursuant to this chapter, which prescribes rules and regulations that govern the processing,…
- § 58616 “Minor amendments” are amendments to any marketing order or agreement which are made effective by the director upon recommendation of the advisory board which…
- § 58617 “Person” means an individual, firm, corporation, association, or any other business unit, and, for the purposes of this chapter, includes any state agency…
- § 58618 “Processing” means engaging in the business of a processor as defined in Section 58619.
- § 58619 “Processor” means any person that is engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting,…
- § 58620 “Producer” means any person that is engaged within this state in the business of producing, or causing to be produced for market, any commodity.
- § 58621 “Producer marketing” means any or all operations which are performed by any producer in preparing for market. It includes selling, delivering, or disposing of…
- § 58622 “Retailer” means any person that purchases or acquires any commodity for resale at retail to the general public for consumption off the premises. Such person…
- § 58623 “Seafood” means shellfish and every other form of animal or plant life which is taken from fresh or salt water and used for human consumption, except seafood…
- § 58624 “Seasonal marketing regulations” mean marketing regulations that are applicable to a particular marketing order or agreement which are made effective by the…
ARTICLE 2. General Provisions §§ 58651–58661 · 10 sections
- § 58651 It is hereby declared that the marketing of commodities in this state in excess of reasonable and normal market demands therefor; disorderly marketing of such…
- § 58652 These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is hereby declared to be the policy of this…
- § 58653 The marketing of commodities within this state is hereby declared to be affected with a public interest. The provisions of this chapter are enacted in the…
- § 58654 The purposes of this chapter are to do the following: (a) Enable producers of this state, with the aid of the state, to correlate more effectively the…
- § 58655 In any civil or criminal action or proceeding for violation of any of the following, proof that the act which is complained of was done in compliance with the…
- § 58657 The provisions of this chapter regarding the marketing of commodities are applicable to fish and seafood and persons that handle, process, or distribute fish…
- § 58658 If any section, sentence, clause, or part of this chapter is for any reason held to be unconstitutional, such decision shall not affect the remaining portions…
- § 58659 The suspension, amendment, or termination of any marketing order or marketing agreement does not suspend or terminate any cause of action which has accrued…
- § 58660 It is hereby declared, as a matter of legislative determination, that the amendments of the statutory predecessor of Sections 58651 to 58653, inclusive,…
- § 58661 The term volume, or quantity, as used in this chapter, except Article 9 (commencing with Section 58881), may be in terms of gross dollar value if the director…
ARTICLE 3. Exceptions §§ 58681–58682 · 2 sections
- § 58681 This chapter does not apply to any order, rule, or regulation which is issued, or is issuable, by the Public Utilities Commission or the Interstate Commerce…
- § 58682 This chapter is not applicable to any retailer of any commodity except to the extent that such retailer also engages in the production, processing or…
ARTICLE 4. Administration §§ 58711–58714 · 4 sections
- § 58711 The director shall administer and enforce this chapter and may exercise any or all of the administrative powers which are conferred by Sections 11180 to 11191,…
- § 58712 In order to effectuate the declared purposes of this chapter, the director may issue, administer, and enforce the provisions of any marketing order issued…
- § 58713 The director may do all of the following: (a) Confer and cooperate with the legally constituted authorities of other states and of the United States, for the…
- § 58714 The director may purchase general liability insurance for all marketing orders subject to the provisions of this chapter in an amount he or she determines as…
ARTICLE 5. Marketing Orders and Agreements §§ 58741–58750 · 11 sections
- § 58741 Subject to the provisions, restrictions, and limitations which are imposed in this chapter, the director may issue marketing orders which regulate producer…
- § 58741.1 Subject to Section 58993.1, the director may establish an educational program, as defined in Section 58608.1, directly affecting producers of all commodities…
- § 58742 The director may also, subject to the restriction and limitations which are contained in Article 7 (commencing with Section 58811) of this chapter, issue…
- § 58743 If the director finds that it tends to effectuate the declared purposes of this chapter within the standards which are prescribed in this chapter, the director…
- § 58744 Any marketing order which is issued by the director pursuant to this chapter may be limited in its application by prescribing the marketing area or portion of…
- § 58745 In order to effectuate the declared policy of this chapter, the director may also, after due notice and opportunity for hearing, enter into marketing…
- § 58746 The purposes and provisions of the chapter which relate to marketing orders are applicable to marketing agreements except as follows: (a) Section 58779, which…
- § 58747 Notwithstanding the provisions of Section 58605, the director may issue and make effective marketing orders or marketing agreements that affect handlers only…
- § 58748 If producers or handlers of any commodity which is regulated by a marketing order or marketing agreement that is issued by the director pursuant to the…
- § 58749 The director may issue and make effective a marketing order or marketing agreement which applies to two or more commodities. The producers or handlers of each…
- § 58750 (a) There is within the Department of Food and Agriculture a public and private collaboration known as the “Buy California Program.” The purposes of the…
ARTICLE 6. Notice, Reports, and Hearings §§ 58771–58788 · 16 sections
- § 58771 If the director has reason to believe that the issuance of a marketing order, or amendments to an existing marketing order, will tend to effectuate the…
- § 58773 The director shall also mail a copy of such notice of hearing and a copy of such proposed marketing order, or proposed amendments, to every producer or handler…
- § 58774 The notice of hearing shall set forth all of the following: (a) The date and place of the hearing. (b) The commodity and the area which are covered by the…
- § 58775 To provide the director with accurate and reliable information, if that information is not then on file in the department, regarding the persons that may be…
- § 58777 The director shall mail a copy of such notice to file such report to every handler of such commodity whose name and address appears upon the lists on file in…
- § 58778 Each handler of such commodity that may be directly affected by the provisions of such proposed marketing order shall file such verified report with the…
- § 58779 From the reports which are filed and the information which is received or available to the director, including any proper corrections, the director shall…
- § 58780 In the preparation of the list of producers or handlers to be used in the formulation or amendment of any marketing order or marketing agreement, the director…
- § 58781 The information which is contained in the individual reports of handlers which are filed with the director pursuant to this article shall not be made public by…
- § 58782 The hearing on a proposed marketing order or proposed amendments shall be public and all testimony shall be received under oath. A full and complete record of…
- § 58783 At the hearing, the director shall receive, in addition to other necessary or relevant matters, evidence upon the matters which are set forth in Article 7…
- § 58784 At any public hearing which is held in connection with the formulation or amendment of a marketing order or marketing agreement, the director shall present…
- § 58785 At each public hearing upon a marketing order or a major amendment to it, the director shall receive evidence relative to the period of time which may be…
- § 58786 At a public hearing which is held to consider a proposed marketing order or major amendments to an existing marketing order, the director shall also receive…
- § 58787 Upon the conclusion of the hearing, the director shall make a finding which is based upon the evidence received, whether assent, approval, or favor shall be…
- § 58788 If the director finds that a referendum shall be had, the director shall direct that a referendum be held in accordance with Sections 58991 to 58998,…
ARTICLE 7. Findings §§ 58811–58814 · 4 sections
- § 58811 After the notice and hearing which are required by Article 6 (commencing with Section 58771) of this chapter, and before issuing a marketing order or…
- § 58812 In making the findings with respect to any of the objectives which are set forth in Section 58811, the director shall, if any or all of the following economic…
- § 58813 If the marketing order or amendments to it contain provisions only for the purpose of regulating the flow of the commodity, or any grade, size, or condition of…
- § 58814 Any marketing order in effect on August 27, 1945, which was duly issued by the director pursuant to this chapter prior to May 28, 1945, and in effect on such…
ARTICLE 8. Advisory Boards and Committees §§ 58841–58853 · 15 sections
- § 58841 Any marketing order which is issued pursuant to this chapter shall provide for the establishment of an advisory board to assist the director in the…
- § 58842 If the marketing order affects directly only producers of a particular commodity, the members of the advisory board shall be producers. If the marketing order…
- § 58842.5 Any raisin marketing order or agreement involving producers operating under this chapter shall provide for, and the director shall appoint, a person to…
- § 58843 Upon the recommendation of the advisory board, the director may appoint one person who is neither a producer nor a handler to represent the department or the…
- § 58844 A member of an advisory board is entitled to actual expenses which are incurred while engaged in performing duties that are authorized by this chapter and,…
- § 58845 The director may authorize an advisory board to do all of the following: (a) Enter into contracts or agreements. (b) Employ necessary personnel, including…
- § 58846 The duties of an advisory board are administrative only and any such board may do only the following: (a) Subject to the approval of the director, administer…
- § 58846.5 Each advisory board shall, annually, report to the members of the industry who are subject to its marketing order on the activities and program, including, but…
- § 58847 The members or alternate members of any advisory board, including employees of the advisory board, are not responsible individually in any way whatsoever to…
- § 58848 In addition to the advisory board, one or more special committees or subcommittees may be established to assist the advisory board in carrying out its duties…
- § 58849 If the marketing order so authorizes, or upon the recommendation of the advisory board, the director may authorize the establishment of special committees or…
- § 58850 An advisory board may at any time invite any persons to their meetings to serve in an advisory capacity and the director may, if requested by the advisory…
- § 58851 Any action of any committee, special committee, or subcommittee of the board is subject to final approval by the advisory board. Members and alternate members…
- § 58852 It is hereby declared, as a matter of legislative determination, that the producers, or handlers, or both producers and handlers, appointed to any advisory…
- § 58853 (a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an…
ARTICLE 9. Terms of Marketing Orders §§ 58881–58897 · 21 sections
- § 58881 Except as otherwise provided in Sections 58657 and 58747, any marketing order which is issued by the director pursuant to this chapter may contain any or all…
- § 58882 A marketing order may contain provisions for determining the existence and extent of the surplus of any commodity, or of any grade, size, or quality of it, and…
- § 58883 A marketing order may contain provisions for limiting the total quantity of any commodity, or of any grade, size, or quality of it, which may be marketed by…
- § 58884 A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler may purchase…
- § 58885 A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler may process,…
- § 58886 A marketing order may contain provisions which regulate the period during which any commodity, or any grade, size, or quality of such commodity, may be…
- § 58887 A marketing order may contain provisions for the establishment of surplus, stabilization, or byproduct pools for any commodity, or of any grade, size, quality,…
- § 58888 A marketing order may contain provisions which establish, or provide for the establishment, with respect to any commodity, either as delivered by producers to…
- § 58889 (a) A marketing order may contain provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or…
- § 58889.1 Notwithstanding Section 58889, any marketing order for processed fruits, nuts, or vegetables may contain in its advertising and sales promotion plan provisions…
- § 58889.3 Notwithstanding subdivision (b) of Section 58889, effective immediately, a marketing order may contain provisions for the establishment of plans for…
- § 58890 A marketing order may contain provisions which relate to the prohibition of unfair trade practices. In addition to the unfair trade practices now prohibited by…
- § 58891 A marketing order may contain provisions for the application for, review, certification, and equitable payment of, production adjustment benefits to growers…
- § 58892 (a) A marketing order may contain provisions for carrying on research studies in the production, processing, or distribution of any commodity and for the…
- § 58892.1 A marketing order may contain provisions for research studies concerning the health, food, nutritional, therapeutic, dietetic or such qualities of other food…
- § 58892.2 No marketing order for milk shall be issued by the director unless he finds that such marketing order does not conflict with the provisions of Chapter 2…
- § 58893 A marketing order may contain provisions which establish, or provide authority for establishing, for any commodity, either as such commodity is produced or is…
- § 58894 A marketing order may contain provisions which establish, or provide authority for establishing, and for regulating the permissive use of an official board…
- § 58895 A marketing order may contain provisions to detect, control, prevent damage by or to eradicate insects, predators, diseases, or parasites with respect to any…
- § 58896 A marketing order may contain provisions for the gathering and dissemination of weather data to producers of any commodity, and to any persons providing…
- § 58897 To address catastrophic events, a marketing order may contain provisions for the establishment and operation of an indemnity trust fund to cover livestock and…
ARTICLE 10. Assessments and Funds §§ 58921–58941 · 23 sections
- § 58921 Except as otherwise provided in Section 58926, each marketing order which is issued pursuant to this chapter shall provide for the levying and collection of…
- § 58922 Each marketing order shall indicate the maximum rate of any assessment which may be collected and the proportion, if any, of each assessment which is payable…
- § 58923 The advisory board which is appointed by the director to assist him in administering each marketing order shall recommend to the director, from time to time,…
- § 58924 The amount of the assessment for necessary expenses shall not, however, exceed the following: (a) In the case of producers, 21/2 percent of the gross dollar…
- § 58925 Any assessment rate which is established for assessments to defray the expenses of advertising and sales promotion plans shall be in an amount which does not…
- § 58926 In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement and advertising or sales promotion provided for in…
- § 58927 If the director approves and fixes a single assessment, the advisory board shall recommend and the director may approve the proportions of such assessment…
- § 58928 If any advisory board of any marketing order has reason to believe that the administration of a marketing order will be facilitated or the attainment of the…
- § 58929 Any assessment which is levied as provided in this article, in such specified amount as may be determined by the director pursuant to this chapter, is a…
- § 58930 If any producer or handler that is duly assessed pursuant to the provisions of this chapter fails to pay to the director the amount so assessed on or before…
- § 58931 The director may require the persons that are assessed to deposit with him in advance the following amounts: (a) An amount for necessary expenses. (b) An…
- § 58932 The amount of any deposit which is required by the director pursuant to Section 58931 shall be based upon the estimated number of units to be marketed or…
- § 58933 At any time after the funds which are credited to the administrative account, or the advertising or sales promotion account, of the marketing order are…
- § 58934 In lieu of requiring advance deposits, or in order generally to provide funds for defraying administrative or advertising and sales promotion expenses until…
- § 58934.5 In order to provide funds for defraying expenditures authorized by the marketing order, the director or any advisory board may also receive and disburse…
- § 58935 For the convenience of making collections of any producer assessments which are established pursuant to this article, the director may collect such assessments…
- § 58936 The director may adopt rules and regulations with respect to the assessment and collection of funds pursuant to this article.
- § 58937 (a) Any money that is collected by the director pursuant to this chapter shall be deposited in a bank or other depository that is approved by the Director of…
- § 58938 The director may, at the close of each fiscal period which is used by the advisory board for budgetary purposes, refund any money which remains in such fund…
- § 58938.5 (a) Assessments paid on milk pursuant to the requirements of a market milk marketing order or a manufacturing milk marketing order established under this…
- § 58939 Any money which is deposited pursuant to this article, which the director determines is available for investment, may be invested or reinvested by the…
- § 58940 Any check or warrant which is drawn against the funds of any marketing order which remains unclaimed or uncashed for a period of six months from the date of…
- § 58941 Notwithstanding the provisions of Article 3 (commencing with Section 241), Chapter 2, Division 1 of this code, each marketing order or agreement shall be…
ARTICLE 11. Deposits by Applicants for Marketing Order §§ 58961–58962 · 2 sections
- § 58961 Prior to the issuance of any marketing order by the director pursuant to this chapter, the director may require the applicants for the issuance of the…
- § 58962 The director may reimburse the applicant, from any funds for necessary expenses which he has received pursuant to Article 10 (commencing with Section 58921) of…
ARTICLE 12. Assent to Marketing Orders §§ 58991–59000 · 10 sections
- § 58991 A marketing order or major amendment to it, which directly affects handlers, that is issued pursuant to this chapter, shall not become effective unless and…
- § 58992 Any marketing order or major amendment to it which directly affects processors that are engaged in the operation of canning of fresh fruits or vegetables or…
- § 58993 No marketing order or major amendment to it, which directly affects producers or producer marketing, that is issued pursuant to this chapter, shall be made…
- § 58994 If any marketing order or any major amendment to any marketing order is issued by the director for the approval of producers, handlers, or processors, the…
- § 58995 If the director determines that it should be by referendum, the director shall establish a referendum period not to exceed 30 days. If the director determines…
- § 58996 If from the tabulation the director finds that the number of producers that voted in the referendum and that the number of producers that voted in favor of the…
- § 58997 If the director finds from the tabulation of such referendum that the number of producers that voted in favor of such marketing order or amendment to the…
- § 58998 The director may prescribe such additional procedures as may be necessary to conduct the referendum.
- § 58999 In finding whether the marketing order or major amendment to it is assented to in writing or approved or favored by producers pursuant to the provisions of…
- § 59000 Any producer that sells a growing crop to be harvested and marketed by another person is entitled to assent to, or vote in a referendum, if both of the…
ARTICLE 13. Major Amendments §§ 59021–59037 · 17 sections
- § 59021 In making effective major amendments to a marketing order, the director shall follow the same procedures which are prescribed in this chapter for the…
- § 59022 For the purposes of this chapter, a major amendment to a marketing order shall include, but not be limited to, any amendment which is specified in Sections…
- § 59023 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for any of the following: (a) Determining the existence and…
- § 59024 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for limiting the total quantity of any commodity, or of any…
- § 59025 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or of any grade,…
- § 59026 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or of any grade,…
- § 59027 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for regulating the period during which any commodity, or any…
- § 59028 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of surplus, stabilization, or byproduct…
- § 59029 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of uniform grading and inspection of any…
- § 59030 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of plans for advertising and sales…
- § 59031 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to prohibit unfair trade practices.
- § 59032 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of production adjustment requirements and…
- § 59033 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for carrying out research studies in the production, processing,…
- § 59034 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to increase an assessment rate beyond the maximum rate which is…
- § 59035 An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to extend the application of the provisions of any marketing…
- § 59036 Modification of any provision of any marketing order in effect for the purpose of clarifying the meaning or application of such provision or modifying…
- § 59037 The exercise by the director of any regulatory authority which is authorized in a marketing order or marketing agreement is not a major amendment, but is a…
ARTICLE 14. Minor Amendments §§ 59051–59052 · 2 sections
- § 59051 The director may make minor amendments to any marketing order upon the recommendation of not less than 75 percent of the producer members or handler members of…
- § 59052 The director may require a public hearing upon minor amendments if in his opinion the substance of such minor amendments so warrant. The director is not,…
ARTICLE 15. Termination or Suspension §§ 59081–59088 · 8 sections
- § 59081 The director shall suspend or terminate any marketing order, if he finds, after a public hearing duly noticed and held in accordance with the provisions of…
- § 59082 The director shall terminate any marketing order if he finds that the termination of the marketing order is requested in writing, within a 90-day period, by at…
- § 59083 If at least 25 percent of the producers that are directly affected that produce at least 25 percent of the product and at least 25 percent of the handlers that…
- § 59084 If the director finds that the marketing order is not reapproved, he shall declare such order terminated. An order shall be considered reapproved if it has…
- § 59085 At any time the director finds that a substantial number of persons that are directly affected by an order are in opposition to it, he shall hold a hearing on…
- § 59086 A marketing order shall not be submitted for reapproval until one year after the original enactment, or within one year of any prior approval. However, if no…
- § 59087 (a) The secretary may terminate, without a public hearing, any marketing order or marketing agreement that has been inoperative for three consecutive marketing…
- § 59088 No suspension or termination of any marketing order or marketing agreement pursuant to this article shall become effective until the expiration of the…
ARTICLE 16. Publication of Notice § 59111 · 1 section
- § 59111 (a) Upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing…
ARTICLE 17. General Rules and Regulations §§ 59141–59142 · 2 sections
- § 59141 The director may establish such general rules and regulations for uniform application to all marketing orders and marketing agreements which are issued…
- § 59142 The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting and time of taking effect are applicable to any general rule…
ARTICLE 18. Administrative Rules and Regulations §§ 59161–59163 · 3 sections
- § 59161 Upon recommendation of the advisory board which is concerned, the director may, without prior notice and hearing, establish administrative rules and…
- § 59162 Such rules and regulations may include, but shall not be limited to, any of the following: (a) Methods and procedures for the purpose of explaining or…
- § 59163 The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting, mailing of notice, and time of taking effect are applicable…
ARTICLE 19. Seasonal Marketing Regulations §§ 59171–59176 · 6 sections
- § 59171 Upon recommendation of the advisory board which is concerned, the director may, without prior notice to, and public hearing for, the producers or handlers of…
- § 59172 Seasonal marketing regulations shall be applicable to a particular marketing order or agreement for the purpose of carrying into effect by administrative…
- § 59173 Seasonal marketing regulations shall not extend beyond the marketing regulatory authorizations which are specified in the marketing order or agreement…
- § 59174 Notice of the issuance and the effective date of any such seasonal marketing regulations, or modifications of them, shall be given by the director to all…
- § 59175 It is recognized that, with respect to some commodities, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal…
- § 59176 It is intended that the provisions of this article be interpreted liberally so that the director may carry out the marketing regulations and procedures…
ARTICLE 20. Records §§ 59201–59204 · 4 sections
- § 59201 The director may require any and all processors or distributors, that are subject to the provisions of any marketing order which is issued pursuant to this…
- § 59202 Information which is obtained by any person pursuant to this article is confidential and shall not be disclosed to any other person except to a person with…
- § 59203 For the purpose of carrying out the purposes of this article, the director may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue…
- § 59204 A person shall not be excused from attending and testifying, or from producing documentary evidence, before the director in obedience to the subpoena of the…
ARTICLE 21. Actions and Penalties §§ 59231–59252 · 23 sections
- § 59231 Any action for any penalty or other remedy which is prescribed under any provision of this chapter shall be commenced within three years from the date of the…
- § 59232 The penalties, remedies, procedures, and actions which are prescribed by this article apply in instances of any violation or complaint of any violation of any…
- § 59233 Every person that violates any provision of this chapter or any provision of any marketing order which is duly issued by the director pursuant to this chapter,…
- § 59234 Any person that violates this chapter or any marketing order which is duly issued by the director and in effect pursuant to this chapter, or violates any rule…
- § 59234.5 (a) When the director makes a determination that a marketing program assessment payment due pursuant to this chapter is deficient as to the payment due, the…
- § 59235 In addition to such civil penalty, any person that knowingly exceeds any quota or allotment or marketable percentage fixed for him under any marketing order,…
- § 59236 If the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, except the…
- § 59237 It is a violation of this chapter for any person to willfully render or furnish a false or fraudulent report, statement, or record which is required by the…
- § 59238 It is a violation of this chapter for any person that is engaged in the handling or processing of any commodity, or in the wholesale or retail trade of the…
- § 59239 It is a violation of this chapter for any handler to receive, handle, or have in his possession any commodity which is regulated by a marketing order or…
- § 59240 The director on his own motion may, or shall upon complaint of any interested party which charges any violation of any provision of this chapter or any…
- § 59241 If the matter is referred directly by the director to the Attorney General or any district attorney, such officer shall thereupon bring an appropriate action…
- § 59242 If an administrative hearing is called by the director, the director shall cause a copy of such complaint, together with a notice of the time and place of…
- § 59243 The hearing shall be held at one of the following places which is selected by the director: (a) The city or place in which the principal place of business of…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 22. Inspection and Abatement §§ 59281–59293 · 13 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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. Such…
- § 59286 The notice of noncompliance shall include all of the following: (a) A description of the lot. (b) The place where, and the reasons for which, the lot is held.…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2. The Agricultural Producers Marketing Law §§ 59501–60016 · 158 sections
ARTICLE 1. Short Title and Definitions §§ 59501–59514 · 13 sections
- § 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…
- § 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…
- § 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…
- § 59512 “Proration” means the application of allocated quantities or percentages under a uniform rule to the production, or merchantable production, of all producers…
- § 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.
ARTICLE 2. General Provisions §§ 59541–59546 · 5 sections
- § 59541 The Legislature declares that: The disorderly marketing of commodities in this state; the improper preparation for market; the lack of uniform grade…
- § 59542 The conditions set forth in Section 59541 vitally concern the health, peace, safety and general welfare of the people of this state. It is declared to be the…
- § 59543 The production and marketing of commodities by producers within this state is declared to be affected with a public interest. The provisions of this chapter…
- § 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…
- § 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…
ARTICLE 3. Exceptions §§ 59571–59572 · 2 sections
- § 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…
- § 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…
ARTICLE 4. Administration §§ 59607–59619 · 9 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Establishment of Proration Zone §§ 59641–59662 · 20 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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. The list of producers…
- § 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…
- § 59652 The hearings may be adjourned from time to time and from place to place as the circumstances may require. For the purpose of procuring additional evidence,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 59662 Each proration zone is a separate public corporate entity.
ARTICLE 6. Change of Proration Zone Boundaries §§ 59691–59694 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 7. Marketing Program and Grading Committees §§ 59721–59738 · 18 sections
- § 59721 The affairs of each proration zone shall be managed by a marketing program committee which is appointed in accordance with this chapter. The director shall…
- § 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…
- § 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…
- § 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. Each district in the proration zone is entitled to…
- § 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…
- § 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…
- § 59728 If grade, quality, or size regulations are authorized under any marketing program for any commodity which is used for canning, freezing, fermenting, or…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 59734 The agent shall appoint such deputy agents and other assistants as may be necessary to direct the marketing program. Such appointments are subject to the…
- § 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…
- § 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…
- § 59737 Upon recommendation of the marketing program committee which is concerned, the director may, consistent with this chapter, establish such administrative…
- § 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 8. Marketing Programs §§ 59801–59824 · 24 sections
- § 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…
- § 59802 A marketing program may authorize the marketing program committee to establish and maintain stabilization and surplus pools. The marketing of green ripe olives…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 59808 A marketing program may authorize the marketing program committee to establish and maintain diversion or substandard pools. The program committee may receive…
- § 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…
- § 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…
- § 59811 A marketing program may authorize the marketing program committee to create, establish, or otherwise obtain and operate any facility for the storing,…
- § 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…
- § 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…
- § 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…
- § 59815 A marketing program may authorize the marketing program committee to establish, adopt, and apply methods for correlating the marketable supply of any commodity…
- § 59816 A marketing program may authorize the marketing program committee to broaden distribution and increase consuming outlets by appropriate educational and trade…
- § 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…
- § 59818 For the purpose of providing funds to defray the cost of formulating, administering, and enforcing educational and trade stimulation efforts, a fee or…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 9. Assents to Marketing Programs §§ 59851–59857 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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…
ARTICLE 10. Proration Certificates §§ 59881–59886 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 11. Amendments to Marketing Programs §§ 59911–59927 · 17 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 59924 If the director deems it advisable, he may hold a public hearing upon minor amendments prior to such approval. Any public hearing held for this purpose shall…
- § 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…
- § 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…
ARTICLE 12. Funds §§ 59941–59958 · 19 sections
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 59957 Upon the recommendation of the marketing program committee, the director may relieve the proration zone agent of the responsibility of collecting any amount…
- § 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…
ARTICLE 13. Termination of Marketing Programs §§ 59981–59988 · 8 sections
- § 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…
- § 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,…
- § 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…
- § 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…
- § 59985 Each petitioner shall, upon affixing his signature to the petition for termination, write in the date of signing. No signature to the petition shall be valid…
- § 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…
- § 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…
- § 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,…
ARTICLE 14. Actions and Penalties §§ 60011–60016 · 6 sections
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…