2007 California Food and Agricultural Code Article 2. Avocado Inspection Committee

CA Codes (fac:45011-45021)

45011.  There is in the department the Avocado Inspection Committee,
which consists of six members.  The director shall appoint three
members and one alternate member who shall be producers of avocados
and three members and one alternate member who shall be
representatives of handlers engaged in the packing of avocados from a
list of nominees provided by the California Avocado Commission.  The
director may appoint one additional member of the committee, who
shall be a public member.  The committee shall meet on the direction
of the director or when requested by a majority of the committee.



45012.  Upon the director's request, the committee shall submit to
the director the name of a natural person, who shall be a citizen and
resident of this state and not a producer, shipper, or processor nor
financially interested in any producer, shipper, or processor, for
appointment by the director as a public member of the committee.  The
director may appoint this nominee as the public member on the
committee.  If the nominee is unsatisfactory to the director, the
committee shall continue to submit nominees until the director has
made a selection.  Any vacancy in the office of the public member of
the committee shall be filled in the same manner as used in initially
selecting the public member.  The public member of the committee
shall represent the interests of the general public in all matters
coming before the committee and shall have the same voting and other
rights and immunities as other members of the committee.



45013.  The committee member's term of office shall be two years.
Appointment of the first members shall be made so that the terms of
office of three members shall expire at the end of one year and three
at the end of two years.  Thereafter, appointment shall be for full
two-year terms.  Each committee member shall be limited to four
consecutive terms in office.  Any vacancies which occur during an
unexpired term shall be filled for the unexpired term following the
same procedure used for initially nominating and appointing members.



45014.  The committee shall be advisory to the director, and to the
California Avocado Commission if it decides to act pursuant to
Section 67095, on all matters pertaining to this chapter, shall
review all proposed regulations relating to this chapter, and shall
make recommendations concerning the inspection and certification
services under this chapter, including, but not limited to, the
annual budget and fees necessary to provide adequate inspection and
certification services; inspection procedures; training and
supervision of inspectors; and enforcement actions, including the
imposition of any fees and costs for inspection and surveillance
provided for in subdivision (c) of Section 44975.



45015.  (a) In adopting regulations pursuant to this chapter, the
director shall accept the recommendations of the advisory committee
whenever he or she finds them to be practicable and in the interests
of the avocado industry and the public.  The director shall provide
the committee with a written statement of reasons within 15 working
days, whenever he or she does not accept the committee
recommendation.
   (b) In the case of recommendations involving enforcement actions
based on actual or alleged violations of this chapter, the committee
by majority vote may bring an action for injunctive relief as
provided for in Section 44974, retain private legal counsel for this
purpose, and use fees provided for under this chapter to pay all
reasonable fees and costs incurred  in bringing the action.  However,
legal fees and costs incurred in each separate action which exceed
twenty thousand dollars (,000) shall not be paid unless concurred
in by the director. Prior to commencing this action, the committee
must review all available information, recommend specific enforcement
action to the director, and allow the director the opportunity to
respond as provided for in this section.  Notwithstanding the
director's response, nothing in this section shall be construed as
preventing the committee from bringing an action for injunctive
relief.


45016.  Committee members shall be compensated for all reasonable
expenses incurred in the performance of their duties, as determined
by the committee and concurred in by the director.



45017.  (a) The committee may recommend to the director that
avocados subject to weather-related damage not be harvested for a
specified period of time and the director may restrict harvesting
based on that recommendation.
   (b) The director shall adopt regulations which govern the
committee's recommendations made pursuant to this section.  The
regulations shall include, but not be limited to, all of the
following:
   (1) The maximum period of time for which harvesting may not be
done.
   (2) The geographical region for which the recommendation would be
made.
   (3) The minimum level of damage required in order to make a
recommendation.
   (4) The manner in which affected growers and handlers are to be
notified of the decision of the director.
   (5) A definition of weather-related damage.
   (6) Procedures and criteria for issuing exemptions to growers from
the decision of the director made pursuant to this section and for
the handling of avocados from an exempt grower.



45021.  (a) The requirements specified in this chapter, including,
but not limited to, the setting, collection, and handling of
inspection and certification fees and other costs of service,
inspection frequency and procedures, hiring, training, and
supervision of inspectors and other necessary personnel, use and
revocation of an official stamp or permit, reports prior to preparing
avocados for market, and recordkeeping with respect to avocados, may
be conducted by the California Avocado Commission instead of the
director, if authorized in the manner specified in Section 67095.
   (b) The enforcement and regulatory authority of the director which
is specified in this chapter shall remain in full force and effect.
However, the authority of the director shall be exercised in
consultation and cooperation with the commission during any period in
which the commission exercises its authority pursuant to Section
67095.
   (c) All expenditures incurred by the director in carrying out his
or her duties under subdivision (b) shall be reimbursed from fees
collected under this chapter.