CHAPTER 2. The Agricultural Producers Marketing Law [59501. - 60016.]
Chapter 2 enacted by Stats. 1967, Ch. 15.
§§ 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…