California Legal Codes and Statutes

Article 4 - Powers and Duties

California Food and Agricultural Code — §§ 65040-65058

Sections (19)

§ 65040

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The powers and duties of the council shall include, but are not limited to, all of those contained in this article.

§ 65041

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, and orders in accordance with council procedures for purposes of carrying out this chapter, including rules for appeals from any bylaw, rule, operating procedure, or order of the council. The council shall be charged with exercising any and all necessary duties to accomplish the objectives outlined in this chapter.

§ 65042

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

If the council and the California Beef Council determine that a project is of mutual benefit and consistent with state and federal laws governing the California Beef Council, the project may be jointly funded by the council and the California Beef Council, subject to approval by the secretary.

§ 65043

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)The council may employ a person to serve at the pleasure of the council as the executive director of the council and other personnel. If any person employed by the council engages in any conduct that the secretary determines is not in the public interest or that is in violation of this chapter, the secretary shall notify the council of the conduct and request that corrective and, if appropriate, disciplinary action be taken by the council. If the council fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person.
(b)The council may retain additional staff or agents of the council to discharge the duties outlined in this chapter.
(c)Notwithstanding subdivision (d) of Section 65002, a member, alternate member, agent, or employee of the council shall not do either of the following:
(1)Appear before any committee of the Legislature or federal government as a representative of the council unless requested to do so by that committee.
(2)Lobby in any manner as a representative of the council.
§ 65044

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council may appoint committees composed of members, alternates, and nonmembers not serving with the council in any official capacity to advise the council in carrying out this chapter.

§ 65045

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council shall approve reasonable compensation for the executive director and any agents or contractors of the council.

§ 65046

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use of any intellectual or physical property, including real estate for the purpose of housing the operations of the council, and borrow funds in advance of receipt of assessments as may be necessary in the opinion of the council for the proper administration and enforcement of this chapter and the performance of its duties.

§ 65047

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council shall keep books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary. Those books, records, and accounts shall at all times be open to inspection and audit by the secretary. The council shall be subject to an annual audit by an auditing firm selected by the council with the concurrence of the secretary. The audit shall be made a part of an annual report to be posted on the council’s Internet Web site and submitted to the department. In addition, the secretary may determine it is necessary to conduct, or cause to be conducted, a fiscal and compliance audit of the council.

§ 65048

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

Funds collected pursuant to this chapter shall not be used for political contributions.

§ 65049

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council may accept grants from state and federal entities to carry out the duties authorized by this chapter.

§ 65050

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council may collect information about California beef and dairy production and publish and distribute, without charge, a bulletin or other communication to all eligible producers.

§ 65051

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)The council shall establish an annual budget according to generally accepted accounting practices. 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 in which it proposes to engage in the ensuing annual period. The annual budget and statements shall be made available to all eligible producers at their request and shall also be posted on the council’s public Internet Web site.
(b)Before the adoption of the annual budget, the council shall submit the proposed annual budget and its statement of contemplated activities to the secretary for the secretary’s concurrence.
(c)The annual budget and statement of contemplated activities shall be concurred in by the secretary before disbursement of funds, with the exception of expenditures made by the council pursuant to Section 65043.
§ 65052

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

When the secretary is required to concur in a decision of the council, the secretary shall give his or her response to the council within 15 working days from notification of the decision. The secretary shall set forth in writing with specificity the reasons for any refusal to concur. The secretary’s response may be a requirement that additional information be provided.

§ 65053

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this chapter.

§ 65054

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)The secretary may require the council to correct or cease any existing activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter.
(b)If the council refuses or fails to cease those activities or functions or to make the corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the council until the time that the cessation or correction of activities or functions as required by the secretary has been accomplished by the council.
(c)Actions of the council in violation of the written notice are without legal force or effect.

The secretary, to the extent feasible, shall issue the written notice before the council entering into any contractual relationship affecting the existing or proposed activities or functions that are the subject of the written notice.

(d)Upon service of the written notice, the secretary shall notify the council in writing of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and recommendations that will make the activities or functions acceptable.
§ 65055

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council may recommend to the secretary the adoption of administrative regulations that relate to the administration and enforcement of this chapter.

§ 65056

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)The council and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial proceeding, all lists in their possession of persons subject to this chapter. However, the council shall establish procedures consistent with this confidentiality requirement to enable producers to communicate with other producers on the lists regarding noncommercial matters affecting the council and persons subject to this chapter.
(b)Information on volume shipments, other information that is required for reports to governmental agencies, financial reports to the council, aggregate sales and inventory information, and any other information that does not include individual identifying producer or

handler information may be disclosed by the council.

§ 65057

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The council may investigate all matters that affect the administration of this chapter and report violations to the secretary.

§ 65058

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)(1) A program or activity that is conducted or sponsored pursuant to this chapter shall not make false or unwarranted claims, or disparage the quality, value, use, or sale of any commodity authorized by law to be marketed in this state.
(2)Paragraph (1) shall not be construed to prohibit disclosure of any information to an investigative agency or a member of the public to protect the health or safety of the public.
(b)A program or activity shall not be conducted pursuant to this chapter with reference to a private brand or trade name that refers to beef or other products derived from the California cattle industry, except as provided for in

subdivision (c).

(c)The council shall not expend funds for the advertising of brand name beef or other products derived from the California cattle industry unless the expenditures are approved by a two-thirds vote of the council with the concurrence of the secretary. The council may expend funds to conduct cost-sharing advertising with nonbeef brand name products.