CHAPTER 2. California Beef Council Law [64501. - 64736.]

Chapter 2 enacted by Stats. 1967, Ch. 15.

§§ 64501–64736 · 64 sections

1. ARTICLE 1. Short Title and Definitions §§ 64501–64507 · 7 sections

   • § 64501 This chapter shall be known as the “California Beef Council Law.”
   • § 64502 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 64503 “Beef” includes veal.
   • § 64504 “Beef products” includes veal products.
   • § 64505 “Council” means the California Beef Council.
   • § 64506 “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or…
   • § 64507 “Producer” means any person that is engaged in the business of raising, breeding, feeding, or growing cattle or calves for dairy production or for beef…
2. ARTICLE 2. General Provisions §§ 64531–64534 · 4 sections

   • § 64531 It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the power of this state for…
   • § 64532 The purposes of this chapter are as follows: (a) To enable the cattle industry, with the aid of the state, to develop, maintain, and expand the state,…
   • § 64533 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…
   • § 64534 Any violation of this chapter is a misdemeanor.
3. ARTICLE 3. Administration §§ 64561–64564 · 4 sections

   • § 64561 The director shall administer and enforce the provisions of this chapter, and may exercise any of the administrative powers which are conferred by Sections…
   • § 64562 Upon recommendations by the council the director may establish consistent with this chapter such regulations which cover the administration and enforcement of…
   • § 64563 Upon the issuance of any regulations that affect this chapter, a copy of the regulations shall be posted on the department’s Internet Web site. A copy of the…
   • § 64564 The director may purchase general liability insurance for the council subject to the provisions of this chapter in an amount he or she determines as necessary.…
4. ARTICLE 4. California Beef Council §§ 64591–64605 · 14 sections

   • § 64591 There is in the state government the California Beef Council which consists of 20 members and 20 alternates, all of whom shall be citizens and residents of…
   • § 64591.1 Notwithstanding other provisions of this article, the director shall, with or without nominations, appoint one member and one alternate member to the council…
   • § 64592 The terms of office of the members and alternates of the council shall be three years, except as provided in this section. The first appointments made under…
   • § 64593 With or without recommendations or other nominations from the council or otherwise, during September and October of each year, the secretary may, if deemed…
   • § 64595 Press releases or other notice of nomination procedures, when conducted by mail, shall indicate that nominations shall be mailed to the director at his office…
   • § 64596 A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers.
   • § 64598 The council shall select annually from its number, to serve at its pleasure, a chairman and vice chairman who, together with five other members selected…
   • § 64599 The council shall have two regular meetings in each year at times and places which are fixed by the council. The times for regular meetings shall be fixed so…
   • § 64600 The members of the council shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties.
   • § 64601 No member of the council shall receive compensation.
   • § 64602 The director may require any employee or agent of the council to give a fidelity bond, executed by a surety company which is authorized to do business in this…
   • § 64603 No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council. All…
   • § 64604 An alternate member of the council shall sit as a regular member of the council if the member for whom he is an alternate fails for any reason to attend any…
   • § 64605 It is hereby declared, as a matter of legislative determination, that producers, packers, or processors appointed to the council pursuant to this article are…
5. ARTICLE 5. Powers and Duties §§ 64631–64635 · 5 sections

   • § 64631 The duties of the council shall be advisory, except as to those duties which may be delegated to it by the director. The council may, subject to the approval…
   • § 64632 The council shall keep such books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems…
   • § 64633 A member, alternate agent, or employee of the council shall not do any of the following: (a) Appear before any legislative committee of the state or federal…
   • § 64634 None of the funds which are collected pursuant to this chapter shall be used for political contributions.
   • § 64635 The council shall prepare annually, summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities…
6. ARTICLE 6. Education, Research, or Public Information Programs §§ 64661–64663 · 3 sections

   • § 64661 The director shall conduct, or may cause the council to conduct, programs of education, research, or public information, which are designed to accomplish the…
   • § 64662 No program or activity which is conducted or sponsored pursuant to this chapter shall make false or unwarranted claims, or disparage the quality, value, use,…
   • § 64663 The council shall not expend beef council funds for the advertising of brand name beef products, unless the expenditures are approved by a two-thirds vote of…
7. ARTICLE 7. Referendum for Voluntary Fee Payment §§ 64671–64676 · 6 sections

   • § 64671 Whenever a petition is presented to the director which has been signed by 2,000, or more, of the total producers in the state, not more than six months prior…
   • § 64672 The director shall count and tabulate the ballots received, and announce the results at the close of the referendum period. If the director finds from the…
   • § 64673 If the promotion and research program is declared to be voluntary, Section 64695 shall become operative and funds for the administration and enforcement of…
   • § 64674 If the director finds that the referendum did not receive the required votes in favor of a voluntary promotion and research program pursuant to Section 64672,…
   • § 64675 If the voluntary promotion and research program does not receive the required favorable vote or if less than the required number of producers have voted,…
   • § 64676 No referendum shall be conducted pursuant to this article until after the expiration of a period of two years from the effective date of this article.
8. ARTICLE 8. Financial Provisions §§ 64691–64702 · 15 sections

   • § 64691 (a) In order to carry out the programs and administer the activities which are conducted pursuant to this chapter, except as specified in Sections 64691.5 and…
   • § 64691.1 Each person who is required to pay or collect the fees which are required in Section 64691 shall maintain a complete and accurate record of all transactions…
   • § 64691.5 A fee greater than one dollar ($1) per head on cattle and calves prescribed by Section 64691 shall not be charged pursuant to that section under a mandatory…
   • § 64691.7 The fees required pursuant to Section 64691 shall be due and payable as follows: (a) The fee for cattle or calves, whether originating in the state or out of…
   • § 64693 (a) Any person who fails to pay, collect, or remit any fees due within the time specified in this chapter shall be liable for administrative costs incurred by…
   • § 64693.5 At the request of the director, the Attorney General shall petition an appropriate court for the issuance of an injunction, restraining any person in violation…
   • § 64694 The fees which are collected by the Bureau of Livestock Identification pursuant to this article shall be forwarded to the director at the same time and in the…
   • § 64695 Any person who is subject to the fee which is required by Section 64691 may obtain a refund of the fee collected from him by submitting to the director a claim…
   • § 64696 (a) All money that is collected by the director pursuant to this chapter shall be deposited in any bank, or other depository that is approved by the Director…
   • § 64697 Money which is deposited pursuant to Section 64696 may be invested and reinvested by the Treasurer or the council in any of the securities described in Article…
   • § 64698 The director, after consultation with the council, shall prepare an annual budget which sets forth in reasonable detail the proposed expenditures which he…
   • § 64699 The director may receive funds in such amounts as he may deem necessary to defray the initial expenses in making effective this chapter. The director shall…
   • § 64700 The director may accept contributions to advance the purposes of this chapter. If requested by the donor, such contributions shall be segregated and separately…
   • § 64701 Any inspector who is described in Section 20010 may accept voluntary contributions on behalf of the director. Such contributions may be supplementary to…
   • § 64702 The following shall apply to this chapter so long as the federal Beef Promotion and Research Act of 1985 (7 U.S.C. Sec. 2901 et seq.) and any resulting…
9. ARTICLE 9. Termination §§ 64731–64736 · 6 sections

   • § 64731 The provisions of this chapter shall continue to be operative permanently except as provided in this article.
   • § 64732 A referendum among the state’s producers shall be conducted by the director in any of the following cases: (a) Whenever the director, on his own motion or at…
   • § 64733 The ballot form shall be substantially as follows: BALLOT California Beef Council Law Termination of Council and Program Shall the existence of the California…
   • § 64734 If upon the count of the ballots the director finds that 30 percent, or more, of all producers established by the director’s list have voted and that 51…
   • § 64735 If upon a count of the ballots the director finds that less than 51 percent of the total number of producers voting have assented to such discontinuance and…
   • § 64736 On the expiration of this chapter pursuant to this article, the council shall remain in existence for the purpose of furnishing the director with a complete…