2007 California Food and Agricultural Code Article 6.5. Standardization Program

CA Codes (fac:42801-42815)

42801.  Notwithstanding any other provision of this division, the
director shall create an industry-funded standardization program for
the purposes of implementing and enforcing this division.



42802.  The director shall adopt regulations he or she determines
are reasonably necessary to carry out this article, including, but
not limited to, establishing assessment rates and procedures for
payment of assessments.  The director shall consult with the
committee created pursuant to Section 42809 prior to the adoption,
amendment, or repeal of any regulations under this article.



42803.  (a) Commencing on January 1, 1997, and  until March 31,
1997, producers of commodities subject to this article may file a
petition with the secretary requesting that the commodity be exempted
from this article.
   (b) Upon a finding by the secretary that the petition represents
not less than 51 percent of the producers of the commodity who
produce not less than 51 percent of the total quantity of the
commodity marketed in the preceding marketing season, the secretary
shall do all of the following:
   (1) Declare the commodity exempt from this article.
   (2) Immediately repeal all regulations pertaining to the commodity
adopted by the secretary pursuant to this division.
   (3) Make a determination concerning a refund of any assessments
collected pursuant to this article.
   (c) Commodity exemptions granted pursuant to this section shall be
effective immediately on the date of the finding specified in
subdivision (b).


42804.  (a) On and after March 31, 1997, the secretary shall exempt
any commodity subject to this article and repeal all regulations
pertaining to the commodity adopted by the secretary pursuant to this
division if:
   (1) A written petition requesting exemption is filed with the
secretary during the period commencing July 1 and ending December 31
of any year.
   (2) The secretary finds that the petition represents not less than
51 percent of the producers directly affected who have produced not
less than 51 percent of the total quantity of the commodity marketed
in the preceding marketing season.
   (3) The petition, prior to being submitted to the secretary, was
circulated among the producers directly affected for a period not
exceeding 90 days and was on a form approved by the secretary.
   (b) Exemptions granted under this section shall be effective on
July 1 following the year in which the petition is filed with the
secretary.
   (c) Any costs incurred by the department in processing any
petition for exemption filed pursuant to this section shall be borne
by the producers representing the commodity for which the petition is
filed.
   (d) This section also applies to producers of any commodity who
request the secretary to rescind a previously granted exemption.
   (e) All producers directly affected by this section shall provide
the following information to the secretary upon filing of the written
petition requesting exemption:
   (1) The correct name and address of each producer or handler.
   (2) The quantity of each commodity produced by the producer during
the previous marketing season.
   (f) The secretary also may require handlers of commodities subject
to this article to report quantities received from each producer in
the previous season.
   (g) Any determination of compliance with this section may be based
upon information provided by producers or handlers of commodities
subject to this article.  Failure or refusal to provide that
information within the specified time does not invalidate the
secretary's findings.



42805.  A commodity producer or handler subject to Article 1
(commencing with Section 44971) of Chapter 9, or any other similar
provision in this division that provides for collection of
assessments and reimbursement to the director for inspection and
certification activities related to the commodity may seek an
exemption for that commodity pursuant to Section 42803 or 42804 and
remain subject to all regulations pertaining to the commodity in
effect at the time the petition for exemption is filed with the
director, and thereafter until the regulations are amended or
repealed.
   Any producers of commodities who elect to request an exemption
pursuant to this section shall pay any charges mutually agreed upon
by the producer and the department for administrative services
relating to the regulation of the commodity, including, but not
limited to, the adoption, amendment, or repeal of regulations.



42806.  (a) The director shall adopt regulations establishing
assessment rates set by the committee established pursuant to Section
42809.  The committee shall set the rates on or before March 1.  The
rates shall become effective the following July 1.
   (b) The establishment, alteration, rescission, or elimination of
assessment rates or the repeal of regulations of exempt commodities
pursuant to this section shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.  An order to repeal the
regulations of exempt commodities pursuant to this section shall be
transmitted within 30 days by the director to the Office of
Administrative Law.  The Office of Administrative Law shall file the
order promptly with the Secretary of State without further review
pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5
of Division 1 of Title 2 of the Government Code.  The order shall do
all of the following:
   (1) Indicate that the regulations are being repealed pursuant to
this article.
   (2) State that the order is being transmitted for filing.
   (3) Request that the Office of Administrative Law publish a notice
of the filing of the order and print an appropriate reference in
Title 3 of the California Code of Regulations.
   (c) All assessments collected pursuant to this article shall be
deposited in the Department of Food and Agriculture Fund and shall be
used only for implementing and enforcing this division.
   (d) Those commodities that are otherwise subject to a mandatory
inspection fee shall pay a lower rate of assessment than those
commodities that are not otherwise subject to a mandatory inspection
fee.
   (e) Assessment rates for commodities that are not otherwise
subject to a mandatory inspection fee shall not exceed six mills
(.006) per container.
   (f) Assessment rates for commodities that are otherwise subject to
a mandatory inspection fee shall not exceed three mills (.003) per
container.


42807.  Notwithstanding Section 42806, on January 1, 1997, and
thereafter until altered, rescinded, or eliminated, the assessment
rate for those commodities that are not otherwise subject to a
mandatory inspection fee shall be three mills (.003) per container
and the assessment rate for those commodities that are otherwise
subject to a mandatory inspection fee shall be one mill (.001) per
container.



42808.  (a) Every person acting as a handler of commodities subject
to this division shall do all of the following:
   (1) Register with the director and submit reports and assessments
required pursuant to this article and the regulations adopted
thereunder.
   (2) Keep a complete and accurate record of commodities shipped by
him or her.  The records shall be in simple form and contain
information as prescribed by the director.
   (3) Maintain records for a period of two years that shall be
offered and submitted for inspection and audit at any reasonable time
upon written demand of the director.
   (b) Every person acting as a handler of commodities subject to
this division, shall be personally liable for the payment of
assessments.  Any handler who fails to file the required reports or
pay any assessment or inspection fee by the last day of the month
immediately following the month in which the commodities were shipped
shall pay to the director a penalty of 10 percent of the assessment
or fee determined to be due, and in addition, 11/2 percent interest
per month on the unpaid balance.
   (c) Handlers shall maintain and file the records required pursuant
to this article even if no assessments are due for a reporting
period.
   (d) Any person that violates this article or the regulations
adopted thereunder may be prosecuted criminally pursuant to Article
12 (commencing with Section 42971), and, in addition, shall be
subject to the civil penalties and remedies set forth in Article 13
(commencing with Section 43001).
   (e) For the purposes of this article, "handler" means any person
engaged in marketing commodities subject to this article that the
person has purchased or acquired from a producer and who first
prepares the commodities for market on behalf of the producer,
whether as owner, agent, broker, processor, or otherwise.  A producer
engaged in marketing commodities subject to this article directly to
a person who purchases the commodity solely for retail sale is
deemed to be the handler and is subject to this section.



42809.  (a) The secretary shall appoint a committee pursuant to
subdivision (b) to provide recommendations and advice on all matters
pertaining to the implementation and enforcement of this division.
   (b) The committee shall be composed of 13 voting members who have
a financial interest, either personal or through their employment, in
a commodity represented.  The secretary shall appoint the members of
the committee from a list of nominees provided by the commodity
groups subject to this article, as follows:
   (1) Four members shall be appointed from the fresh fruit commodity
group consisting of oranges, other citrus fruits, strawberries, and
table grapes.
   (2) Two members shall be appointed to represent other fresh fruit
commodities.
   (3) Four members shall be appointed from the fresh vegetable
commodity group consisting of broccoli, tomatoes, and lettuce.
   (4) Two members shall be appointed to represent other vegetable
commodity groups.
   (5) One member shall be appointed from other commodity groups
subject to this article.
   (6) A county agricultural commissioner may be appointed by the
secretary as a nonvoting member.
   (c) The committee shall meet at the request of the  secretary, the
committee chairperson, or upon the request of four committee
members.
   (d) Any committee member who represents a commodity that has been
exempted from the application of this article shall be replaced with
a member chosen to maintain the balance between the commodity groups.

   (e) The committee shall appoint its own officers, including a
chairperson, one or more vice chairpersons, and any other officers it
deems necessary.
   (f) Committee members may participate in meetings of the committee
by means of telephone conference calls.



42810.  (a) Except as provided in subdivisions (b) and (c), the term
of office of any member of the committee shall be two years.
   (b) With respect to the initial voting members of the committee,
six members shall serve for one year and six members shall serve for
two years, with the determinations of the term of each voting member
to be made by lot.  No member of the committee shall serve more than
four full consecutive two-year terms.  The term of the initial
nonvoting member shall be two years.
   (c) Any vacancy which occurs during an unexpired term shall be
filled for the unexpired term following the same procedures for
initially nominating and appointing committee members.



42811.  The members of the committee shall serve without
compensation, but shall be reimbursed for reasonable expenses
incurred in the performance of their duties as determined by the
committee and approved by the director.



42812.  The director shall adopt regulations establishing assessment
rates set by the committee as required by Section 42806.  In
addition, the director shall seek the advice of the committee on all
matters pertaining to the implementation and enforcement of this
division, including, but not limited to, the annual budget, fees
necessary to provide adequate inspection services, inspection
procedures, work load standards, performance measures, training and
supervision of inspectors, enforcement actions, and subvention of
funds to counties necessary to provide uniformity in inspections
throughout the state.



42813.  Except as otherwise provided in Section 42807 with respect
to assessments, in adopting, amending, or repealing regulations
pursuant to this article, the director shall accept the
recommendations of the committee if the director determines that the
recommendations are practicable and in the interests of the industry
and the public.  The director shall, within 30 days, provide the
committee with a written statement of reasons if the director does
not accept a recommendation of the committee.



42815.  This article shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute,  which becomes effective on or before January 1,  2010,
deletes or extends the dates on which it becomes inoperative and is
repealed.