BlackletterCalifornia law

CHAPTER 1. California Marketing Act of 1937 [58601. - 59293.]

Chapter 1 enacted by Stats. 1967, Ch. 15.

§§ 58601–59293 · 223 sections

  1. 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…
  2. 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…
  3. 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…
  4. 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…
  5. 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…
  6. 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,…
  7. 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…
  8. 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…
  9. 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…
  10. 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…
  11. 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…
  12. 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…
  13. 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…
  14. 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,…
  15. 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…
  16. 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…
  17. 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…
  18. 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…
  19. 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…
  20. 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…
  21. 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…
  22. 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…