2007 California Food and Agricultural Code Article 7. Formation And Adoption Of Stabilization And Marketing Plans

CA Codes (fac:61991-61998)

61991.  Except as otherwise provided in Section 61992, the director
shall, prior to the formulation of a stabilization and marketing plan
for market milk for any marketing area, conduct a public hearing in
the area for the purpose of determining whether or not the
formulation of a stabilization and marketing plan for market milk for
such area is desired by producers whose major interest in the market
milk business is in the production of market milk for the marketing
area and that both:
   (a) Represent not less than 65 percent of the total number of
producers whose major interest in the market milk business is in the
production of market milk for the marketing area.
   (b) Produce not less than 65 percent of the total volume of the
market milk produced for the marketing area by all such producers.




61992.  A hearing need not, however, be held if a petition
requesting a stabilization and marketing plan is presented to the
director by the producers whose major interest in the market milk
business is in the production of market milk for the marketing area,
and that both:
   (a) Represent not less than 65 percent of the total number of
producers whose major interest in the market milk business is in the
production of market milk for the marketing area.
   (b) Produce not less than 65 percent of the total volume of the
market milk produced for the marketing area by all such producers.



61993.  If the director finds that a stablization and marketing plan
is necessary to accomplish the purposes of this chapter, he shall
formulate a stabilization and marketing plan for market milk for such
area and issue a notice of public hearing upon the plan which is
formulated to all producers and handlers of record with the
department that may be subject to the provisions of such plan.



61994.  The notice of the hearing may be effected by mail, or by
publication pursuant to Section 6062 of the Government Code in the
area which is designated.  It shall specify the time and place of
such hearing, which shall not be prior to 15 days from the mailing,
or from the final publication of such notice.  If no daily newspaper
of general circulation is published in the area which is designated,
publication pursuant to Section 6066 of the Government Code shall be
considered proper publication of notice.



61995.  At the hearing, interested parties shall be heard and
records kept of the proceedings of such hearing for determination by
the director whether the plan proposed will accomplish the purposes
of this chapter.


61996.  If, after the public hearing, the director determines that
the proposed plan will tend to accomplish the purposes of this
chapter within the standards which are prescribed in it, he or she
shall issue an order to all producers and handlers of record with the
department and subject to the provisions of the plan, declaring the
plan in effect within 62 days from the date of the hearing.  The
director shall announce any order under this section at least 10
calendar days prior to the effective date of the plan.



61997.  A handler that is subject to the provisions of any
stabilization and marketing plan shall not purchase milk from any
producer that does not comply with this chapter and such plan.



61998.  No stabilization or marketing plan shall contain provisions
the purposes of which are to establish limitations upon the
production of market milk.