PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301. - 63129.]
Part 3 enacted by Stats. 1967, Ch. 15.
§§ 61301–63129 · 369 sections
CHAPTER 1. Marketing of Milk and Other Dairy Products §§ 61301–61573 · 86 sections
ARTICLE 1. Definitions §§ 61301–61317 · 20 sections
- § 61301 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 61302 “Bulk milk” or “bulk cream” means milk or cream, respectively, which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other…
- § 61303 “Consumer” means any person that buys milk, cream, or any dairy product for consumption and not for resale.
- § 61304 “Cream” has the meaning of that term as defined in Section 32504.
- § 61305 “Dairy product” means any product classified as Class 1 or Class 2 under Section 61932, 61933, or 61936; any frozen product or frozen product mix classified as…
- § 61306 (a) “Distributor” means any handler, as defined in Section 61826, and includes brokers and agents and the nonprofit cooperative associations described in…
- § 61306.5 “Educational and research activities” means any effort to develop and improve the management practices of dairy producers and processors, including, but not…
- § 61307 “Manufacturing milk” has the meaning of that term as defined in Section 32509.
- § 61307.2 “Manufacturing milk handler” means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise…
- § 61307.4 “Manufacturing milk plant” means any place, structure, or building where a handler receives manufacturing milk.
- § 61308 “Manufacturer” means any person that is engaged in the business of manufacturing any dairy product.
- § 61309 “Market milk” has the meaning of that term as defined in Section 32510.
- § 61310 “Market cream” has the meaning of that term as defined in Section 35811.
- § 61311 “Milk” has the meaning of that term as defined in Section 32511.
- § 61312 “Packaged milk,” “packaged cream,” or “packaged dairy product” means market milk, market cream, or any dairy product, respectively, which is packaged in…
- § 61313 “Person” means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit…
- § 61314 “Producer” means any person that operates a dairy herd which produces milk or cream commercially and whose bulk milk or bulk cream is received or handled by…
- § 61315 “Producer-distributor” means any person that is both a producer of milk or cream and a distributor of milk, cream, or any dairy product. For the purpose of…
- § 61316 “Restricted use market milk” has the meaning of that term as defined in Section 32516.5.
- § 61317 “Wholesale customer” means any person other than a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other…
ARTICLE 2. Nonprofit Cooperative Associations §§ 61331–61333 · 3 sections
- § 61331 For the purposes of this chapter, a nonprofit cooperative association which is organized and existing under Chapter 1 (commencing with Section 54001) of…
- § 61332 For the purposes of this chapter, a nonprofit cooperative association which is organized and existing under Chapter 1 (commencing with Section 54001) of…
- § 61333 A nonprofit cooperative association accounts to producers on a patronage basis when it accounts to each producer for his share of the net proceeds derived from…
ARTICLE 3. General Provisions §§ 61341–61345 · 5 sections
- § 61341 The director may adopt regulations for the proper administration and enforcement of the provisions of this chapter. Any violation of any such regulation is…
- § 61342 The provisions of this chapter shall be liberally construed as being complementary of, and supplemental to, the provisions of Chapter 2 (commencing with…
- § 61343 Any person and subject matter to which this chapter is applicable is not subject to the provisions of the Unfair Practices Act, Chapter 4 (commencing with…
- § 61344 This chapter shall be liberally construed. If any article, section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be…
- § 61345 (a) Chapter 2 (commencing with Section 61801), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally…
ARTICLE 4. Unlawful Practices §§ 61381–61391 · 6 sections
- § 61381 Any false or misleading advertising, as defined in Sections 32914 and 36062 of this code, and Sections 17500, 17501, and 17502 of the Business and Professions…
- § 61382 Discrimination in price between distributors or between wholesale customers, or between consumers, that purchase milk, cream, or any dairy product of like…
- § 61383 The sale or offer to sell or giving of any article in any transaction which involves the sale or disposal of milk, cream, or any dairy product, for less than…
- § 61384 (a) The sale by any retailer, wholesale customer, manufacturer, or distributor, including any producer-distributor or nonprofit cooperative association acting…
- § 61385 Any false statement or representation which is knowingly made, by any wholesale customer or consumer, or anyone that is acting on the behalf of either, to any…
- § 61391 Solicitation by, or collusion or joint participation between or among, any manufacturer, distributor, producer, wholesale customer, consumer, or any…
ARTICLE 5. Bonding and Payment for Manufacturing Milk §§ 61400–61419 · 31 sections
- § 61400 It is recognized by the Legislature that unfair and disruptive practices have developed concerning the purchasing of manufacturing milk, as defined in Section…
- § 61404 The bond provided for in this article is required for each manufacturing milk handler.
- § 61405 (a) Every manufacturing milk handler that operates only one plant within the state, before purchasing any manufacturing milk from a producer, shall execute and…
- § 61405.1 If any handler increases his or her purchases of manufacturing milk during the license year so that the purchases exceed the amount for which the handler is…
- § 61406 The bond required by Section 61405 shall be in a form approved by the director, and shall be conditioned upon the payment in the manner that is required by the…
- § 61407 If a handler fails to pay any producer or producers in the manner that is required by this chapter, the director shall proceed forthwith to ascertain the names…
- § 61407.1 (a) After determining the claims of the producers pursuant to Section 61407, the director shall bring an action on the bond on behalf of the producers. (b) Any…
- § 61407.2 If the recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, the amount recovered shall be divided…
- § 61407.3 Payments by a handler to a producer, for the purposes of any action on a handler’s bond for any year, shall be credited first to interest and then to principal…
- § 61407.4 (a) The director may bring an action against a surety bond company if the company fails to do any of the following: (1) Acknowledge promptly and act reasonably…
- § 61408 If a manufacturing milk handler fails to pay any producer in the manner that is required by this chapter, the director may require the filing of a new or…
- § 61409 The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this…
- § 61410 The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this…
- § 61411 Except as otherwise provided in Section 61411.2 or 61411.3, the purchase of any manufacturing milk in excess of 1,000 gallons monthly from any manufacturing…
- § 61411.1 The production of manufacturing milk in excess of amounts to be purchased under contracts executed pursuant to Section 61411 shall be voluntary on the part of…
- § 61411.2 Section 61411 does not apply to the purchase of manufacturing milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage…
- § 61411.3 Section 61411 does not apply to manufacturing milk purchased under cash-on-delivery terms.
- § 61411.4 Any contract between a producer and a handler shall be voidable by the producer for a 45-day period following the occurrence of either of the following: (a)…
- § 61411.5 If a notice has been issued by the director that the future deliveries to the handler shall not be covered under the Milk Producers Security Trust Fund created…
- § 61412 (a) (1) Every milk handler who receives manufacturing milk subject to this article shall deduct as an assessment from payments made to producers for…
- § 61413 The director may fix the rates of assessments or fees required by Section 61412 at lesser amounts, and may adjust the rates of assessments or fees from time to…
- § 61414 (a) Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom the assessment or fee or either…
- § 61415 The failure of any handler to pay for manufacturing milk delivered to the handler at the time and in the manner specified in the contract with the producer is…
- § 61415.1 (a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers in cash shall, in all cases, obtain a dated, signed receipt from…
- § 61415.2 (a) If a handler does not pay for manufacturing milk delivered to him or her at the time and in the manner specified in the contract, the handler shall pay the…
- § 61415.3 If a handler fails to pay for manufacturing milk delivered to him or her at the time and in the manner specified in this chapter, the director may assess a…
- § 61416 The director may revoke or suspend any license of a handler if the director finds as a result of a noticed hearing that the handler has not paid for any…
- § 61416.1 The director, pursuant to the procedure in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, may also refuse…
- § 61417 In lieu of revoking or suspending a handler’s license under Section 61416, the director may impose any other conditional and probationary orders, pursuant to a…
- § 61418 If the respondent does not comply with any conditional or probationary orders, the director may suspend or revoke the license in accordance with the procedure…
- § 61419 (a) Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any manufacturing milk purchased from…
ARTICLE 6. Records §§ 61441–61443 · 4 sections
- § 61441 Every distributor, person who sells at wholesale, or manufacturer of milk, cream, or any dairy product shall maintain and keep, for a period of three years…
- § 61442 The director shall have access to, and may enter at all reasonable hours, any place where any dairy product is being processed, bottled, stored, kept, or sold,…
- § 61442.1 Within 60 days of the effective date of this section, each manufacturing milk handler shall provide the director with a list of the name, address, and date of…
- § 61443 Any record or report which is made to the director pursuant to this article, or any contract required to be filed pursuant to this chapter, is confidential and…
ARTICLE 7. Investigations and Hearings §§ 61471–61478 · 8 sections
- § 61471 The director may, upon his or her own motion or upon the receipt of any verified complaint, investigate any transaction that involves the violation of any…
- § 61472 If a hearing is called by the director, the director shall cause a copy of the complaint, together with a notice of time and place of hearing of the complaint,…
- § 61473 The hearing shall be held in the city or place in which is situated the business location of the person that is complained of, or in which the transaction…
- § 61474 The person complained of shall, at least three days prior to the date fixed for the hearing, serve upon the complaining party and file with the director a…
- § 61475 At the time and place which is appointed for such hearing the director shall hear the parties to such complaint, and shall enter in the office of the director…
- § 61476 The director may do any of the following: (a) Administer oaths and take testimony thereunder. (b) Issue subpoenas which require the attendance of witnesses…
- § 61477 Any party that disobeys any order or subpoena of the director is guilty of contempt and shall be certified to the superior court of the state, in and for the…
- § 61478 Any act of the director pursuant to any provision of this chapter may be reviewed by any court of competent jurisdiction.
ARTICLE 8. Manufacturing Milk Handler Licenses §§ 61490–61494 · 5 sections
- § 61490 For the purposes of this article, each subsidiary manufacturing milk plant, or branch manufacturing milk plant, whether under one ownership or not, shall be…
- § 61491 “Manufacturing milk handler” means any person defined as a manufacturing milk handler pursuant to Section 61402.
- § 61492 It is unlawful for a manufacturing milk handler who is not licensed under Article 12 (commencing with Section 62141) of Chapter 2 to handle manufacturing milk…
- § 61493 Application for the license provided by this article shall be made on forms prescribed by the director, accompanied by an application fee as prescribed in…
- § 61494 One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for the renewal of the 24-month…
ARTICLE 9. Disposition and Use of Funds § 61531 · 1 section
- § 61531 All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of Food and…
ARTICLE 10. Actions and Penalties §§ 61571–61573 · 3 sections
- § 61571 The violation of any provisions of this chapter is a misdemeanor which is punishable by a fine not less than one hundred dollars ($100) and not exceeding one…
- § 61572 Any person who violates this chapter, or any regulations adopted under this chapter, is liable civilly in an amount not less than one hundred dollars ($100)…
- § 61573 The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which is made pursuant to…
CHAPTER 2. Stabilization and Marketing of Market Milk §§ 61801–62403 · 158 sections
ARTICLE 1. Legislative Declarations §§ 61801–61812 · 12 sections
- § 61801 The production of market milk is hereby declared to be a business affected with a public interest. The provisions of this chapter are enacted in the exercise…
- § 61802 The Legislature hereby declares all of the following: (a) Market milk is a necessary article of food for human consumption. (b) The production and maintenance…
- § 61803 It is recognized by the Legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas wherein…
- § 61804 The foregoing statements in this article of facts, policy, and application of this chapter are hereby declared a matter of legislative determination.
- § 61805 The purposes of this chapter are to do all of the following: (a) Provide funds for administration and enforcement of this chapter, by assessments to be paid by…
- § 61806 It is the intent of the Legislature that the powers conferred in this chapter shall be liberally construed.
- § 61807 Nothing in this chapter permits or authorizes the development of conditions of monopoly in the production of market milk. In the establishment of the terms and…
- § 61808 The Legislature hereby declares that this chapter is intended to formulate a comprehensive scheme for the regulation of marketing milk. If, however, any…
- § 61809 If any article, section, subdivision, sentence, clause, or phrase of any provision of this chapter is for any reason held to be unconstitutional, such decision…
- § 61810 Chapter 1 (commencing with Section 61301), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally…
- § 61811 No provision of this chapter, or of any stabilization and marketing plan formulated by the director pursuant to this chapter, is any limitation upon the right…
- § 61812 Neither the repeal of former Chapter 2 of this part, the reenactment of this chapter nor the amendment of any provision of this chapter shall have the effect…
ARTICLE 2. Definitions §§ 61821–61839 · 20 sections
- § 61821 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 61822 “Board” means any advisory board created as authorized in this chapter.
- § 61823 “Bulk market milk” means market milk which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other consumer packages, and is handled…
- § 61824 “Consumer” means any person that purchases market milk, or any dairy product for consumption.
- § 61825 “Dairy product” or “milk product” includes any product manufactured from milk or any derivative or product of milk.
- § 61826 “Handler” means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise acquires ownership,…
- § 61827 “Market cream” means cream, as defined in this code, and any combination of cream and milk, or any fluid product of milk or cream sold under any trade name…
- § 61828 “Market milk” has the meaning of that term as defined in Section 32510 and has the same meaning as “restricted use market milk” as defined in Section 32516.5.…
- § 61829 “Market skim milk” means skim milk, as defined in this code, that is derived from market milk and conforms to the health and sanitary regulations of the place…
- § 61830 “Marketing area” is any area within this state declared to be such in the manner that is prescribed in this chapter.
- § 61831 “Milk” has the meaning of that term as defined in Section 32511.
- § 61831.5 “Milk used for manufacturing purposes” means all milk used for those products defined in Part 3 (commencing with Section 36601) of Division 15.
- § 61832 “Milk plant” means any place, structure, or building where a handler receives market milk.
- § 61833 “Packaged market milk” or “packaged market cream” means market milk or market cream respectively, which is packaged in cartons, bottles, dispenser cans, or…
- § 61834 “Person” means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit…
- § 61835 “Processing” means receiving, pasteurizing, and packaging market milk. It includes the manufacturing of milk products from market milk.
- § 61836 “Producer” means any person that produces market milk from five or more cows in conformity with the applicable health regulations of the place in which it is…
- § 61837 “Producer-handler” means any person that is both a producer and a handler of market milk. For the purposes of this chapter a producer-handler is a producer in…
- § 61838 “Stabilization and marketing plan” means any plan formulated and made effective by the director within the legislative standards provided by this chapter. It…
- § 61839 “Wholesale customer” means any person except a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other wholesale…
ARTICLE 3. Nonprofit Cooperative Associations §§ 61871–61873 · 3 sections
- § 61871 For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20,…
- § 61872 For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20,…
- § 61873 A nonprofit cooperative association accounts to producers on a patronage basis when it accounts to each producer for his share of the net proceeds derived from…
ARTICLE 4. Administration §§ 61891–61904 · 14 sections
- § 61891 The director shall enforce the provisions of this chapter and of any stabilization and marketing plan initiated pursuant to the provisions of this chapter. The…
- § 61892 The director shall have and may exercise any or all the powers conferred by the Government Code upon the head of a department of the state with respect to…
- § 61893 The director is the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative…
- § 61894 For the purposes of enforcing this chapter, the director may investigate any and all transactions, between producers and handlers, between nonprofit…
- § 61895 The director may require the registration of producers.
- § 61896 The director may formulate any stabilization and marketing plan as prescribed in this chapter and declare it effective after public hearing and reasonable…
- § 61897 A full and accurate record of business or acts performed, or of testimony taken, by the director pursuant to this chapter shall be kept and placed on file in…
- § 61898 In addition to the compilation of information which pertains to market milk from the reports required by this chapter, the director shall collect, assemble,…
- § 61899 Any order of the director made pursuant to this chapter which substantially affects the rights of any interested party may be reviewed by any court of…
- § 61900 The director may confer, enter into agreements, or otherwise arrange with the constituted authorities of this state, other states, or agencies of the United…
- § 61901 All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of Food and…
- § 61902 If the director determines that it is probable that one or more factors or conditions which affect prices of market milk have changed on a relatively uniform…
- § 61903 Any person who has testified under oath at a public hearing held by the director pursuant to this chapter may be granted, upon request prior to the close of…
- § 61904 Any provisions of a stabilization and marketing plan formulated, established, or rejected by the director pursuant to this chapter, shall be accompanied by…
ARTICLE 5. Classes of Market Milk §§ 61931–61937 · 7 sections
- § 61931 Market milk may be classified for the purposes of this chapter as provided in this article.
- § 61932 Class 1 comprises: (a) Any market milk, market skim milk, half-and-half, or concentrated milk that is supplied to consumers in the fluid state, with the…
- § 61933 Class 2 comprises any market milk, market skim milk, or market cream used in the manufacture of market cream, homogenized market cream, sour cream, sour cream…
- § 61934 Class 3 comprises all market milk, market skim milk, or market cream used in the manufacture of frozen dairy products.
- § 61935 (a) Class 4a comprises all market milk, market skim milk, or market cream used in the manufacture of butter, dried milk, dried skim milk, nonfat dry milk…
- § 61936 If the director establishes a temporary definition and standards for any new milk product pursuant to Article 2 (commencing with Section 36631), Chapter 1,…
- § 61937 Market milk, market skim milk, or market cream, utilized in bulk by handlers as condensed milk, condensed skim milk, evaporated skim milk, evaporated cream or…
ARTICLE 6. Marketing Areas §§ 61961–61963 · 3 sections
- § 61961 The director shall designate marketing areas which he deems necessary or advisable to effectuate the purposes of this chapter, and in which he finds the…
- § 61962 The director may establish additional areas, or modify areas previously established, if he deems the establishment or modification of such areas necessary or…
- § 61963 If the director finds, after a public hearing in and for each particular marketing area under consideration for consolidation, that conditions of production…
ARTICLE 7. Formation and Adoption of Stabilization and Marketing Plans §§ 61991–61998 · 8 sections
- § 61991 Except as otherwise provided in Section 61992, the director shall, prior to the formulation of a stabilization and marketing plan for market milk for any…
- § 61992 A hearing need not, however, be held if a petition requesting a stabilization and marketing plan is presented to the director by the producers whose major…
- § 61993 If the director finds that a stablization and marketing plan is necessary to accomplish the purposes of this chapter, he shall formulate a stabilization and…
- § 61994 The notice of the hearing may be effected by mail, or by publication pursuant to Section 6062 of the Government Code in the area which is designated. It shall…
- § 61995 At the hearing, interested parties shall be heard and records kept of the proceedings of such hearing for determination by the director whether the plan…
- § 61996 If, after the public hearing, the director determines that the proposed plan will tend to accomplish the purposes of this chapter within the standards which…
- § 61997 A handler that is subject to the provisions of any stabilization and marketing plan shall not purchase milk from any producer that does not comply with this…
- § 61998 No stabilization or marketing plan shall contain provisions the purposes of which are to establish limitations upon the production of market milk.
ARTICLE 8. Amendment and Termination of Stabilization and Marketing Plans §§ 62031–62032 · 2 sections
- § 62031 The director may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in Article 7 (commencing with Section…
- § 62032 A hearing on the amendment or termination of a stabilization and marketing plan may be held upon the motion of the director and shall be held upon receipt of a…
ARTICLE 9. Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans §§ 62061–62079 · 22 sections
- § 62061 Each stabilization and marketing plan shall contain provisions for prohibiting producers and handlers from engaging in the unlawful trade practices applicable…
- § 62062 Each stabilization and marketing plan shall contain provisions whereby the director establishes minimum prices to be paid by handlers to producers for market…
- § 62062.1 Any designation of a class 1 price by any method or formula that is used to develop class 1 prices paid to producers in the various marketing areas, shall…
- § 62062.5 The minimum prices otherwise established pursuant to this chapter shall be increased by any security charges that are imposed pursuant to Chapter 2.5…
- § 62063 Subject to the provisions of Sections 62074 and 62075, each stabilization and marketing plan shall contain provisions whereby the director shall provide…
- § 62064 Each stabilization and marketing plan shall provide all of the following: (a) For the establishment of prices for market milk, whether or not such market milk…
- § 62065 No amendment of this article terminates or invalidates any provision of any stabilization and marketing plan which has been established by the director prior…
- § 62066 Notwithstanding any other provision of this code to the contrary, the director, in establishing minimum prices to be paid by handlers to producers, for market…
- § 62067 Each stabilization and marketing plan may contain provisions which require handlers to report to each producer from whom market milk is secured all of the…
- § 62068 Each stabilization and marketing plan may contain provisions which authorize any handler that purchases market milk under contract from any producer to pool…
- § 62069 The director may establish minimum prices to be paid by handlers to producer-handlers for milk not used by the purchasing handler as class 1 milk. These…
- § 62070 Each stabilization and marketing plan may further provide for maximum charges for plant processing and transportation service on the market milk or market milk…
- § 62071 Each stabilization and marketing plan may provide for minimum charges for the various services performed or rendered by a nonprofit cooperative association in…
- § 62072 In establishing minimum handler service charges under Section 62071, the director shall take into consideration all relevant factors, including, but not…
- § 62073 If any contract between a handler and a producer for the purchase of any market milk provides that the charges for the hauling of it shall be paid, in whole or…
- § 62074 If the director establishes a stabilization and marketing plan for market milk, the director shall establish minimum prices to be paid by handlers for market…
- § 62074.5 A stabilization and marketing plan may contain provisions necessary to encourage the availability of market milk for those usages for which class 1 and class 2…
- § 62075 The director shall establish the minimum prices to be paid by handlers to producers for class I usage of market milk upon a milk fat, solids-not-fat or the…
- § 62076 In establishing prices to be paid by handlers to producers for class 2, class 3, class 4a, or class 4b market milk, the director shall take into consideration…
- § 62077 A handler shall not pay any producer less than the applicable price established for the usage to which the market milk, purchased from him is applied pursuant…
- § 62078 All handlers who receive market milk within this state shall be obligated to pay minimum producer prices established under this chapter regardless of the area…
- § 62079 Whenever a pooling plan is in effect as provided in Chapter 3 (commencing with Section 62700) and Chapter 3.5 (commencing with Section 62750) of this part, all…
ARTICLE 10. Unlawful Trade Practices §§ 62091–62095 · 5 sections
- § 62091 The unlawful trade practices described in this article apply to every handler whether or not a stabilization and marketing plan is in effect in the area in…
- § 62092 The payment, allowance, or acceptance of any secret rebate, secret refund, or unearned discount by any person, whether in the form of money or otherwise, is an…
- § 62093 The giving of any milk, cream, dairy product, service, or article of any kind, except to a bona fide charity, for the purpose of securing or retaining the…
- § 62094 The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value, directly or indirectly, or through any agent or other…
- § 62095 The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value by any person, directly or indirectly or through any agent…
ARTICLE 11. Sales to the United States § 62121 · 1 section
- § 62121 The director may require that each person that submits a bid for the sale to an agency of the United States government of market milk or any milk product which…
ARTICLE 12. Handlers’ Licenses §§ 62141–62155 · 15 sections
- § 62141 The licenses provided for in this article are required for each handler. For the purposes of this article, each subsidiary milk plant or branch milk plant,…
- § 62142 For the purposes of this article, “handler” shall include any person defined as a handler under Section 61826 or any person defined as a distributor under…
- § 62143 No person who qualifies as a handler under Section 62142 shall deal in market milk without first obtaining a license from the director. In addition, any person…
- § 62144 Applications for the license provided by this article shall be made on forms prescribed by the director, accompanied by a fee as prescribed in Section 62145,…
- § 62145 One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for renewal of the 24-month…
- § 62146 The director may refuse to grant or renew any license if he or she is satisfied that any applicant, or any person connected with the applicant, either directly…
- § 62147 The director may also refuse to grant or renew any license to a handler if he is satisfied that the handler has failed to pay for any market milk delivered to…
- § 62148 The proceedings to determine whether or not the director shall refuse to grant or renew a license shall be conducted in accordance with Chapter 5 (commencing…
- § 62149 The decision may include an order refusing to grant or renew the license applied for, or affixing other conditional and probationary orders that may be proper…
- § 62150 After any decision in favor of the issuance or renewal of a license which includes any conditional or probationary orders, if the person to whom the license is…
- § 62151 The director may revoke or suspend, as the case may require, any license which is issued pursuant to this chapter, if he or she is satisfied that any licensee…
- § 62152 The director may also revoke or suspend any license of a handler if he is satisfied that the handler has not paid for any market milk delivered to him at the…
- § 62153 The decision may include an order revoking or suspending the license held by the licensee, or affixing such other conditional and probationary orders as may be…
- § 62154 After any decision, which includes any conditional or probationary orders, if the respondent does not comply with any such orders, the director may suspend or…
- § 62155 Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any market milk purchased from any…
ARTICLE 13. Bonding and Payment for Market Milk §§ 62181–62202 · 23 sections
- § 62181 The bonds provided for in this article are required for each handler and apply to all purchases of milk by that handler. A handler bonded under this article is…
- § 62182 (a) Every handler that operates only one plant within the state, before purchasing any market milk from a producer, shall execute and deliver to the secretary…
- § 62183 If any handler so increases his purchases of market milk during the license year that such purchases exceed the amount for which the handler is bonded, such…
- § 62184 The bonds required by Sections 62182 and 62183 shall be upon a form approved by the director, and shall be conditioned upon the payment in the manner that is…
- § 62185 If a handler fails to pay any producer or producers for market milk in the manner that is required by this chapter, the director shall proceed forthwith to…
- § 62186 After determining the claims of such producers, the director shall bring an action on the bond on behalf of such producers. Any producer not satisfied with the…
- § 62186.1 (a) The director may bring an action against a surety bond company if the company fails to do any of the following: (1) Acknowledge promptly and act reasonably…
- § 62187 If a handler fails to pay any producer in the manner that is required by this chapter, the director may require the filing of a new or additional bond in an…
- § 62188 If recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, any such amount recovered shall be…
- § 62189 The failure of any handler that purchases market milk from producers to execute and deliver the bond as provided and required in this article is a violation of…
- § 62190 Payments by a handler to a producer, for the purposes of any action on a handler’s bond or bonds for any year or years, shall be credited first to interest and…
- § 62191 (a) Except as otherwise provided in Section 62193 or 62194, the purchase of any market milk in excess of 1,000 gallons monthly from any producer is an unlawful…
- § 62192 The production of market milk in excess of amounts provided to be purchased under contracts executed pursuant to Section 62191 shall be voluntary on the part…
- § 62193 Section 62191 does not apply to the purchase of market milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage in the…
- § 62194 Section 62191 does not apply to market milk purchased under cash-on-delivery terms.
- § 62195 The payment by a handler to any producer, including any nonprofit cooperative association acting as a producer, or the receipt from a handler by a producer,…
- § 62196 The failure of any handler to pay for market milk delivered to him or her at the time and in the manner specified in the contract with the producer is an…
- § 62197 This article applies regardless of the form in which market milk is received by the handler and regardless of the area of origin of the market milk.
- § 62198 Any contract between a producer and handler is voidable by the producer for a 45-day period following the occurrence of either of the following events: (a) The…
- § 62199 If a notice has been issued by the director that the future deliveries to the handler will not be covered under the Milk Producers Security Trust Fund created…
- § 62200 (a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers by cash shall, in all cases, obtain a dated, signed receipt from…
- § 62201 (a) If a handler does not pay for market milk delivered to him or her at the time and in the manner specified in the contract, the handler shall pay the…
- § 62202 If a handler fails to pay for market milk delivered to him or her at the time and in the manner specified in this chapter, the director may assess a penalty…
ARTICLE 14. Administrative Fees §§ 62211–62213 · 3 sections
- § 62211 (a) (1) Every handler subject to the provisions of any stabilization and marketing plan, including a producer-handler, shall deduct as an assessment from…
- § 62212 The director may fix the rates of assessments or fees required by Section 62211 at lesser amounts, and may adjust the rates of assessments or fees from time to…
- § 62213 Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom such assessment or fee or either of…
ARTICLE 15. Reports and Statistics §§ 62241–62243 · 4 sections
- § 62241 All handlers shall make and file with the director at least once each month such reports as the director may require to enable him to enforce the provisions of…
- § 62241.5 Within 60 days of the effective date of this section, each market milk handler shall provide the director with a list of the name, address, and date of every…
- § 62242 Every handler that purchases market milk shall make and keep for three years a correct record which shows in detail all of the following with reference to the…
- § 62243 Any record or report made to the director pursuant to this article, or any contract required to be filed under this chapter, is confidential and shall not be…
ARTICLE 17. Local and Regional Producer Advisory Boards §§ 62301–62313 · 13 sections
- § 62301 Except as otherwise provided in Section 62303, the director may, if he deems such board necessary or advisable, appoint: (a) A local advisory board for any…
- § 62302 Except as otherwise provided in Section 62303, the director shall appoint: (a) A local advisory board, if a majority of the producers individually, or through…
- § 62303 The director shall not establish any local or regional advisory board pursuant to this article if he finds that the assessments or fees which are collected…
- § 62304 If the director receives a qualified petition for a local advisory board, he may investigate the possibility of establishing a regional advisory board covering…
- § 62305 A local advisory board established pursuant to this article shall consist of seven members who shall be producers that supply market milk to the particular…
- § 62306 The term of office of each member of a regional advisory board or a local advisory board shall be two years.
- § 62307 The director may remove any member from a local or a regional advisory board if he finds, after a hearing, that such member is guilty of nonfeasance or…
- § 62308 The director may appoint a member to fill any vacancy on a local or a regional advisory board.
- § 62309 Each regional advisory board and each local advisory board may meet in regular session each month, and each member shall be allowed twenty dollars ($20) per…
- § 62310 Any regional or local advisory board may, with the previous approval of the director, employ such personnel as may be necessary in the performance of its…
- § 62311 Regional and local advisory boards shall review with the director the methods which are to be used in determining producer costs, and aid the director in the…
- § 62312 For purposes of developing uniformity of administration as between marketing areas in which producer advisory boards have been appointed, the director shall…
- § 62313 It is hereby declared, as a matter of legislative determination, that producers of market milk appointed to the regional advisory boards pursuant to this…
ARTICLE 18. Actions and Penalties §§ 62401–62403 · 3 sections
- § 62401 The violation of any provision of this chapter, or of any provision of any stabilization and marketing plan, or of any regulation adopted under this chapter,…
- § 62402 Any person who violates this chapter, any provision of any stabilization and marketing plan, or any regulation adopted under this chapter, is liable civilly in…
- § 62403 The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter, any provision of any stabilization and…
CHAPTER 2.5. Milk Producers Security Trust Fund §§ 62500–62667 · 51 sections
ARTICLE 1. Legislative Declaration §§ 62500–62508 · 7 sections
- § 62500 The production and distribution of milk, and the components thereof, is hereby declared to be a business affected with a public interest. This chapter is…
- § 62501 It is hereby declared that the dairy industry is a paramount agricultural industry of the state, and the normal processes of producing and marketing milk are…
- § 62503 This chapter shall be liberally construed. If any article, section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be…
- § 62505 This chapter does not preclude any producer from bringing any action against any handler in any court of competent jurisdiction.
- § 62506 In order to effectuate the purposes of this chapter, the Milk Producers Security Trust Fund is hereby created.
- § 62507 It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the Milk Producers Security Trust Fund Board are…
- § 62508 This chapter shall be known and may be cited as the Norman S. Waters-Ruben S. Ayala Milk Producers’ Security Act of 1987.
ARTICLE 2. Definitions § 62521 · 1 section
- § 62521 For purposes of this chapter, the following terms have the following meanings: (a) (1) “Acceptable security” means a surety bond from an admitted insurer,…
ARTICLE 3. Milk Producers Security Trust Fund Board §§ 62540–62543 · 4 sections
- § 62540 (a) The secretary shall appoint a Milk Producers Security Trust Fund Board consisting of seven members. (b) All appointments shall be for a term of three…
- § 62541 Each member of the board shall be paid one hundred dollars ($100) per day plus travel expenses, including expenses for lodging and meals, which are incurred in…
- § 62542 The board shall advise the secretary on the administration of the fund, including, but not limited to, the amount of the fund defaults under this chapter and…
- § 62543 The board may, by contract, with the approval of the secretary, engage the services of an accounting firm or other consultants or agencies that the board…
ARTICLE 4. Financing Plan §§ 62560–62574 · 13 sections
- § 62560 (a) The security charges provided for in Section 62561 shall be collected until January 1, 2007. Unless otherwise permitted by this section, the secretary…
- § 62561 (a) The following security charges shall be in effect for any period for which the secretary has implemented collections under this chapter: (1) 3.2 mills…
- § 62563 The amount of any handler’s obligation attributable to the security charges established pursuant to Section 62561 shall be remitted by the secretary to the…
- § 62565 Security charges shall be collected by the secretary through direct payment.
- § 62566 The secretary may add a penalty of 10 percent to amounts that are not paid when due.
- § 62567 If any handler or producer-handler does not provide the information necessary to determine the amount due, when required, the secretary shall estimate the…
- § 62568 The secretary may take all appropriate action against any person to recover any unpaid amounts. In any action, a declaration by the secretary that states the…
- § 62569 (a) Any money that is collected by the secretary pursuant to this chapter shall be deposited in a bank or other depository that is approved by the secretary.…
- § 62570 All fund activities shall be subject to an audit at least once every two years by an auditing firm recommended by the board and selected by the secretary. A…
- § 62571 Notwithstanding Section 13340 of the Government Code, any money that is collected by the secretary pursuant to this chapter is hereby continuously appropriated…
- § 62572 Any money that is deposited pursuant to Section 62569, which the secretary determines is available for investment, may be invested or reinvested by the…
- § 62573 (a) Any increment that is received from investment, reinvestment, or deposit of money pursuant to Section 62572 shall be deposited to the credit of the fund.…
- § 62574 Immediately following the payment to the fund of the increment provided in Section 62573, the secretary may, after consultation with the board, transfer an…
ARTICLE 5. Milk Producers Security Trust Fund Coverage §§ 62580–62587 · 9 sections
- § 62580 (a) Except as otherwise provided in this chapter, milk shipped by a producer to a handler who meets all of the following criteria shall be considered for…
- § 62580.5 Any producer entity, including a nonprofit cooperative association that severs a disqualifying beneficial ownership interest in a handler to whom it supplies…
- § 62581 Only shipments which occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid are eligible.
- § 62582 If future shipments to a handler are not eligible for coverage under this chapter in the event of a default, the secretary shall notify all producers who have…
- § 62583 If, on the date of the notice issued pursuant to Section 62582, a producer has a contract with the handler which is on file with the secretary, and that…
- § 62584 If, on the date of the notice issued pursuant to Section 62582, a producer does not have a contract with the handler which is on file with the secretary,…
- § 62585 If the secretary issues a notice pursuant to Section 62582, the secretary may again qualify shipments to the handler if the handler has corrected the…
- § 62586 The secretary shall, at least monthly, publish a current list of all handlers to whom shipments are not eligible for coverage under the fund.
- § 62587 The secretary may waive any of the provisions of this article if, after consultation with the board, the secretary finds that a hardship would be imposed on…
ARTICLE 6. Discovery and Notification of Default in Payments §§ 62600–62604 · 4 sections
- § 62600 Any producer who does not receive payment for milk sold or delivered to a handler in the manner required by Section 1051.73 of the Federal Milk Marketing…
- § 62601 The secretary shall, upon the secretary’s own motion or upon information from a producer, producer representative, or any other person, immediately take…
- § 62603 If the secretary determines that a payment default has occurred, the secretary shall notify the handler that it has one business day from receipt of the…
- § 62604 When a payment default has occurred, which was not corrected within one business day after notification, the secretary shall issue a notice pursuant to Section…
ARTICLE 7. Producer Claims §§ 62620–62625 · 6 sections
- § 62620 If the secretary determines that the fund is liable for any nonpayments to producers, the secretary shall provide to the producers, who have a contract with…
- § 62621 If a verified claim form is not filed as required by Section 62620, the secretary and the fund are relieved of any further duty or liability pursuant to this…
- § 62622 Upon receipt of all verified claim forms from producers or the expiration of the time allowed to file claims, whichever occurs first, the secretary shall…
- § 62623 For purposes of this chapter, the amounts owed to the producers shall be calculated as follows: (a) Only shipments that occur during the first 35 days from the…
- § 62624 Two hundred thousand dollars ($200,000) shall be deducted from the total of the amount owed to all producers, as calculated in Section 62623, and the balance…
- § 62625 A prorated payment shall be made to all affected producers based on the amount payable pursuant to Section 62624 when there is not sufficient money in the…
ARTICLE 10. Administration §§ 62660–62667 · 7 sections
- § 62660 (a) The secretary shall collect from each producer three and three-tenths mills ($0.0033) per hundredweight of all milk, whether pooled or nonpooled, to defray…
- § 62661 The secretary is the instrumentality of this state for the purpose of administering and enforcing this chapter and to execute the legislative intent expressed…
- § 62662 The secretary may exercise any or all of the powers conferred by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government…
- § 62663 For purposes of enforcing this chapter, the secretary may investigate any and all transactions between producers and handlers, between nonprofit cooperative…
- § 62665 Any order of the secretary made pursuant to this chapter that substantially affects the rights of any directly affected party shall be subject to judicial…
- § 62666 Any producer who recovers from the fund shall subrogate to the secretary all rights of recovery against any person or organization, and the producer shall…
- § 62667 Any payments made to producers from the fund due to a handler’s default shall accrue interest at the rate of 12 percent per annum from the date of payment. The…
CHAPTER 3. Equalization Pools §§ 62700–62731 · 38 sections
- § 62700 The production and distribution of fluid milk and fluid cream is hereby declared to be a business affected with a public interest. The provisions of this…
- § 62701 It is hereby declared that fluid milk and fluid cream are necessary articles of food for human consumption; that the production and maintenance of an adequate…
- § 62702 It is recognized by the Legislature that currently the powers conferred upon the director by Chapter 2 (commencing with Section 61801) are inadequate to enable…
- § 62702.1 It is recognized by the Legislature that the provisions for equalization of usages among producers and entry of new producers contained in the Gonsalves Milk…
- § 62703 In effectuating the purposes of this chapter, a production base and a pool quota shall be established for each producer pursuant to Section 62707. The…
- § 62704 The director is authorized to develop a proposed pooling plan and to designate the proposed areas in which the plan will be made effective. He shall appoint…
- § 62705 After the director, with the advice and assistance of the formulation committee, has formulated the proposed plan, he shall hold one or more public hearings in…
- § 62706 The pooling plan shall prescribe the pooling area to be covered by each pool. Any such pooling area shall mean and include a large sales and consuming center…
- § 62707 The formulation committee shall make recommendations to the secretary for inclusion in the pooling plan, and the secretary shall include in the pooling plan,…
- § 62707.1 (a) The director, on July 1, 1978, shall issue new pool quota sufficient to bring all holders of production base and pool quota as of that date (excluding any…
- § 62707.2 A person eligible for, but not yet assigned, a production base or pool quota, or both, pursuant to Section 62707 shall not be eligible for such a production…
- § 62707.5 If a portion of the pool quota of any producer is transferred, it shall carry with it the same quantity of production base, except that if the pool quota…
- § 62707.6 In addition to the quota provided for under paragraph (3) of subdivision (b) of Section 62707.1, any quota returned to the director after April 30, 1981, shall…
- § 62708 “Producer-handler” for purposes of this chapter is any person that is both a producer and a handler of fluid milk or fluid cream. For the purposes of this…
- § 62708.1 Any producer-handler who qualified and elected an exemption under Section 62708 and continued eligibility for such exemption by complying with the requirements…
- § 62708.5 (a) A producer-handler, for purposes of this chapter, shall also include, as a separate and distinct category of producer-handlers, any producer and any…
- § 62710 The production base and the pool quota for milk shipped through a cooperative association shall belong to the individual producer but shall be assigned to the…
- § 62711 (a) Except as provided in subdivision (h) of Section 62707, each producer shall be paid the highest usage for that amount of his or her fluid milk production…
- § 62712 (a) The secretary may require handlers, including cooperative associations acting as handlers, to make reports at any intervals and in any detail that he or…
- § 62714 After the director has established pools, each distributor shall report to the director the total receipts from the producers that are shipping to the…
- § 62715 Any individual distributor purchasing milk from a producer shall continue to have the right to specify quality requirements that are more stringent than…
- § 62716 Following the required hearing, the director shall submit the pooling plan to producers concerned for their approval or disapproval in a statewide referendum.…
- § 62717 If the director finds that producers on a statewide basis have assented in writing to the proposed pooling plan submitted to them for assent, the director…
- § 62718 The pools established shall be administered by the director. Each distributor shall deduct from moneys owed producers and pay to the director the amount…
- § 62719 The director shall, from nominations submitted by producers, appoint a review board composed of no less than 12 members to advise him in the administration of…
- § 62719.1 It is hereby declared, as a matter of legislative determination, that producers appointed to the review board pursuant to Section 62719 are intended to…
- § 62720 No pooling plan formulated pursuant to this chapter shall restrict the free movement of fluid milk and no pooling plan shall result in an unequal raw product…
- § 62721 No pooling plan shall control the production of fluid milk except insofar as may otherwise be specifically authorized in this chapter.
- § 62722 Pooling plans shall not apply to the production of goats milk or producer-handlers who produce and sell less than 500 gallons of fluid milk used for class 1…
- § 62723 Unless otherwise defined in this chapter, the definitions contained in Chapter 2 (commencing with Section 61801) govern the construction of this chapter. For…
- § 62724 This chapter does not modify the provisions of Chapter 1 (commencing with Section 61301) nor Chapter 2 (commencing with Section 61801) of this part, except as…
- § 62725 The director is authorized to use money in the Department of Food and Agriculture Fund derived from assessments and fees collected pursuant to Chapter 2…
- § 62726 The director is the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative…
- § 62727 It is the intent of the Legislature that the power conferred in this chapter shall be liberally construed. The provisions of this chapter or subsequent…
- § 62728 The director shall terminate any pooling plan in effect in any marketing area without notice or hearing at any time that there ceases to be a stabilization and…
- § 62729 The director or his assistants, deputies, agents, or other employees, are authorized to travel out-of-state in order to carry out the purposes of this chapter.
- § 62730 Any violation of any provision of this chapter, or any regulations adopted pursuant to this chapter, shall be punishable, and shall have the same effect, as a…
- § 62731 This chapter shall be known as the Gonsalves Milk Pooling Act.
CHAPTER 3.5. Milk Pooling §§ 62750–62757 · 9 sections
- § 62750 Notwithstanding any provision of Chapter 3 (commencing with Section 62700) in conflict with this section or any pooling plan for market milk in effect under…
- § 62750.1 In calculating the pool value, the volume of milk that has been classified as restricted use market milk shall be credited to the handler at the class 4a or…
- § 62751 Except as provided in Section 62756, this chapter shall remain operative until the secretary certifies to the Secretary of State that producers have voted in a…
- § 62752 The secretary may hold a public hearing at any time to consider whether this chapter shall be suspended, and shall hold a public hearing to review a petition…
- § 62753 The secretary shall establish a period of 60 days in which to conduct the referendum. The secretary may extend the referendum period an additional 30 days if…
- § 62754 (a) Each producer shall have one vote and the vote shall be individually cast in order to prevent block voting. The secretary shall prepare a ballot. The…
- § 62755 (a) The secretary shall find that producers have assented to the continued operation of this chapter if the secretary finds on a statewide basis that not less…
- § 62756 (a) If the continued operation of this chapter is not approved, the secretary shall continue in operation the pooling plan in effect on December 31, 1993. (b)…
- § 62757 (a) If a federal milk marketing order is established in California, the secretary is authorized to establish a stand-alone quota program, the details of which…
CHAPTER 3.6. Dairy Marketing Study § 62765 · 1 section
- § 62765 The Department of Food and Agriculture, after consulting with its dairy advisory committee, shall complete a study of various proposals affecting regulated…
CHAPTER 4. Marketing of Edible Nuts §§ 62801–62834 · 7 sections
ARTICLE 1. Contract Requirements §§ 62801–62803 · 3 sections
- § 62801 Except as otherwise provided in Section 62803, or unless the parties agree otherwise, every contract for the sale of edible nuts shall be in writing and shall…
- § 62802 Any purchaser of edible nuts which are delivered pursuant to a contract entered into on or after the effective date of the act amending this section in the…
- § 62803 This article is not applicable to any contract between any member of any cooperative agricultural marketing association, which is operating under, and by…
ARTICLE 2. Records §§ 62831–62834 · 4 sections
- § 62831 The commissioner of each county, under the supervision of the director, shall enforce this article insofar as it relates to the keeping of the records which…
- § 62832 Every person that purchases English walnuts or almonds for purposes of processing or resale from any person, except a licensed dealer, broker, commission…
- § 62833 The record and statement required to be made by this article shall be kept for one year from the date of purchase or delivery, whichever is later, and shall be…
- § 62834 Any violation of this article is a misdemeanor.
CHAPTER 5. Marketing of Avocados §§ 63001–63004 · 4 sections
- § 63001 The commissioner of each county, under the supervision of the director, shall enforce this chapter insofar as it relates to the keeping of the records which…
- § 63002 Every person who purchases or receives on consignment avocados for purposes of processing or sale from any person, except a grower, licensed dealer, broker,…
- § 63003 The record and statement required to be made by this chapter shall be kept for one year from the date of purchase or delivery, whichever is later, and shall be…
- § 63004 Any violation of this chapter is a misdemeanor.
CHAPTER 6. Marketing of Processing Strawberries §§ 63101–63129 · 15 sections
ARTICLE 1. General Provisions §§ 63101–63105 · 5 sections
- § 63101 It is the declared policy of the state to eliminate fraud, misinformation, deception, and other unfair trade practices that have existed in the processing…
- § 63102 “Processing strawberries” means strawberries produced, in whole or in part, for the purpose of being ultimately processed into a use other than fresh…
- § 63103 “Purchase price” means all price and price terms for processing strawberries, including any and all forms of compensation from processors to producers.
- § 63104 “Integrated producer-processor” means any producer who processes strawberries of his or her own production either as an individual, a business entity, or as a…
- § 63105 This chapter covers any marketing order issued pursuant to Chapter 1 (commencing with Section 58601) of Part 2 which exclusively affects processing…
ARTICLE 2. Marketing Orders §§ 63121–63129 · 10 sections
- § 63121 Any marketing order affecting processing strawberries shall require that each time during a marketing season that a processor establishes or changes purchase…
- § 63122 The director shall adopt a seasonal marketing regulation pursuant to Section 59171 for price filing and posting. The regulation shall not become effective…
- § 63123 The director, with the assistance of the advisory board, shall establish administrative rules and regulations that provide for, but are not limited to, the…
- § 63123.5 Any contract which is not exempt pursuant to Section 63124, including, but not limited to, any contract which makes a reference to a posted price for the…
- § 63124 (a) The following are exempt from this chapter: (1) An integrated producer-processor. This exemption does not apply to the acquisition of strawberries for…
- § 63125 The director shall actively supervise the requirements of this chapter and conduct an annual review of its provisions. The review may include an analysis of…
- § 63126 On or before the last day of each year in which a marketing order exclusively affecting processing strawberries is in effect, the director shall prepare and…
- § 63127 The director shall suspend the requirements of this chapter if he or she determines as a result of the annual review and states in the annual report required…
- § 63128 This chapter does not apply to the acquisition of strawberries for processing by a processor from another processor.
- § 63129 The director shall amend any existing marketing order exclusively affecting processing strawberries in a manner necessary to conform to this chapter without…