CHAPTER 1. The Dairy Council of California Law [64001. - 64323.]
Chapter 1 enacted by Stats. 1967, Ch. 15.
§§ 64001–64323 · 68 sections
ARTICLE 1. Short Title and Definitions §§ 64001–64017 · 15 sections
- § 64001 This chapter shall be known as the Dairy Council of California Law.
- § 64002 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 64003 “Council” means the Dairy Council of California.
- § 64005 “Dairy products” includes milk and any derivative of milk that is in natural, processed, or manufactured form, or that constitutes a part of another article,…
- § 64005.5 “Ex officio member” means a nonvoting member of the council.
- § 64006 “Fiscal year” means the period from July 1 in any one year to and including June 30th of the following year.
- § 64007 “Handler” means any person that, as owner, agent, or broker, purchases, or otherwise acquires from a producer or another handler, possession or control of…
- § 64010 “Milk” means the lacteal secretion that is obtained from the udders of cows.
- § 64010.1 “Class I milk” has the meaning of that term as defined in Section 1051.40 of Title 7 of the Code of Federal Regulations, and includes both pooled and nonpooled…
- § 64010.2 “All other usages” means usages other than class I for milk, including grade B milk received by handlers.
- § 64012 “Or” and “and,” may be construed as interchangeable, as the context may require.
- § 64013 “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or…
- § 64014 “Processing” means separating, standardizing, pasteurizing, sterilizing, evaporating, condensing, canning, bottling, packaging, or otherwise preparing milk to…
- § 64015 “Producer” means any person that produces milk and sells it, or delivers possession or control of it, to a handler, in the form of unprocessed milk or cream,…
- § 64017 “Solids-not-fat” means any milk solids that are not fat, measured using the standard milk testing methods in a Federal Milk Marketing Order, established by the…
ARTICLE 2. General Provisions §§ 64041–64043 · 3 sections
- § 64041 It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the police power of this…
- § 64042 The purposes of this chapter are as follows: (a) To enable the dairy industry, with the aid of the state, to develop, maintain, and expand the state, national,…
- § 64043 This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or…
ARTICLE 3. Administration §§ 64071–64073 · 3 sections
- § 64071 The secretary shall administer and enforce this chapter, and may exercise any or all of the administrative powers that are conferred by Sections 11180 to…
- § 64072 The secretary shall, from records of the department or any other reliable source, maintain a list of producers and handlers.
- § 64073 The secretary may purchase general liability insurance for the council in an amount the secretary determines as necessary. The cost of the insurance shall be…
ARTICLE 4. Dairy Council of California §§ 64101–64118 · 13 sections
- § 64101 There is in the state government the Dairy Council of California, which shall consist of no less than 24, nor more than 26, members. All members of the council…
- § 64103 Officials or members, otherwise qualified, of corporations, associations, and other business units, that are actually engaged in business as producers or…
- § 64104 The term of office of a member of the council shall be three years.
- § 64105 Any vacancy occurring on the council during an unexpired term of office may be filled by the secretary for the unexpired term. In filling a vacancy, the…
- § 64106 Members of the council shall be nominated and appointed pursuant to procedures recommended by the council and approved by the secretary. The procedures may…
- § 64110 A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers.
- § 64111 The council shall select from its members, to serve at its pleasure, a chair and vice chair who, together with at least three, and no more than five, other…
- § 64112 The council shall have two regular meetings in each year at times and places fixed by the council. The times for regular meetings shall be fixed so that there…
- § 64114 The appointed members of the council shall receive one hundred dollars ($100) per day for each day spent in actual attendance at the meetings or on the…
- § 64115 No member of the council, except for a member of the executive committee, shall receive compensation for more than 10 days’ service per year. No member of the…
- § 64116 The members of the council who are duly appointed by the secretary, and employees of the council, shall not be held responsible individually in any way, to any…
- § 64117 The secretary may require any employee or agent of the council to give a fidelity bond that is executed by a surety company that is authorized to do business…
- § 64118 It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the council pursuant to this article are intended to…
ARTICLE 5. Powers and Duties §§ 64151–64158 · 6 sections
- § 64151 The duties of the council are advisory, except for those duties that may be delegated to it by the secretary. The council may, subject to the approval of the…
- § 64153 Annually, before July 1 of each year, the council shall formulate and transmit to the secretary statements of its recommended activities and proposed budget…
- § 64154 (a) If the activities and budgeted amounts that are recommended by the council and described in the statements provided for in Section 64153 are warranted by…
- § 64155 The council shall keep accurate books, records, and accounts of all of its transactions, dealings, contracts, agreements, funds, and expenditure. These books,…
- § 64157 The council shall request the secretary to submit to it an annual budget that sets forth in reasonable detail the proposed expenditures that the secretary…
- § 64158 The council shall, annually, report to the members of the dairy industry on its activities and programs, including, but not limited to, its income and…
ARTICLE 6. Research, Advertising, Publicity, and Education Campaigns §§ 64181–64183 · 3 sections
- § 64181 The council shall conduct one or more campaigns of research, communication, and education designed to accomplish the following purposes, among others: (a) To…
- § 64182 (a) In each fiscal year, of the money that is received under this chapter, an amount to be determined by the council shall be expended or allocated for…
- § 64183 An advertising or sales promotion program that is conducted or sponsored by the council shall not make any false or unwarranted claim, shall not disparage the…
ARTICLE 7. Records and Reports §§ 64221–64223 · 3 sections
- § 64221 Every handler shall keep complete and accurate records of all milk in unprocessed form that the handler purchases, or possession or control of which it…
- § 64222 Records kept pursuant to Section 64221 shall be all of the following: (a) In a form, and containing all information, relevant to the purposes of this chapter,…
- § 64223 The secretary may, by order or regulation, require every handler subject to the recordkeeping requirements in Section 64221 to file with the secretary the…
ARTICLE 10. Violations and Penalties §§ 64291–64292 · 2 sections
ARTICLE 11. Financing Plan §§ 64300–64312 · 15 sections
- § 64300 This article provides for a comprehensive and continuing plan for financing the operations of the council.
- § 64301 (a) Annually before the beginning of the fiscal year, the secretary shall, upon the recommendation of the council, establish and announce the assessments to be…
- § 64301.5 Maximum allowable assessments greater than those provided in Section 64301 shall not be established unless approved by producers and handlers with at least 40…
- § 64302 (a) The producer assessments shall be collected by the first handler that purchases, or otherwise acquires possession or control of, the milk by deducting the…
- § 64303 Each handler shall pay to the secretary the assessments established for all milk used in the plant of the handler in the processing and manufacture of milk and…
- § 64304 The assessments established and assessed as prescribed in this chapter shall be billed monthly to the handler and shall be paid to the secretary no later than…
- § 64305 Assessments established and assessed under this chapter may be enforced and collected by the secretary through direct payment or through accounting procedures…
- § 64306 To the amount of assessments that are unpaid when due, the secretary may add a penalty of 10 percent. In addition, the secretary may assess interest at a rate…
- § 64307 The secretary, by action prosecuted by the secretary, may recover any unpaid assessments. In any action, a certificate of the secretary that shows the amount,…
- § 64308 If any handler does not provide the information necessary to determine the amount of assessments due, when required, the secretary shall estimate the amount…
- § 64308.5 (a) Assessments paid on milk pursuant to this chapter shall be refunded to a producer that meets the following criteria: (1) The producer was not paid, or…
- § 64309 (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 Director of…
- § 64310 (a) Notwithstanding Section 13340 of the Government Code, money that is collected by the secretary pursuant to this chapter is continuously appropriated to the…
- § 64311 Any money that is deposited pursuant to Section 64309 that the secretary determines is available for investment may be invested or reinvested by the Treasurer…
- § 64312 Any increment that is received from investment, reinvestment, or deposit of money pursuant to Section 64311 shall be deposited to the credit of the council.…
ARTICLE 12. Referendum §§ 64320–64323 · 5 sections
- § 64320 (a) Between July 1 and December 31 of each year ending in the number three or eight, the secretary shall, by the public hearing procedure, and if appropriate,…
- § 64321 If the council program is submitted to a referendum, the secretary shall find that producers and handlers statewide have assented to the council program if the…
- § 64321.5 If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321, the council program may be resubmitted…
- § 64322 (a) If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321 or, if the council program is…
- § 64323 A ballot filed with the secretary pursuant to this chapter is confidential and shall not be divulged unless necessary for the proper determination of a court…