Title FAC — California Food & Agric. Code

At the conclusion of the hearing called pursuant to Section 54404.1, the director shall enter in his or her office in Sacramento an order which dismisses the complaint, unless the director is satisfied that the person against whom the complaint was filed has violated Section 5443…

(a) Notwithstanding Section 54404.1, if the director receives a verified complaint that a processor, handler, distributor, or any agent of any such person or a cooperative bargaining association or any agent of an association has violated subdivision (e) of Section 54431, the dir…

The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter in the superior court of the county in which such violation occurred or is about to occur. Actions against different defendants may be consolidated, in the discretion…

It is an unfair trade practice, and unlawful, for any processor, handler, distributor, or agent of any such person, or, with regard to subdivisions (d), (e), and (f), for any cooperative bargaining association or any agent of an association, or for any other person to do any of t…

The provisions of subdivision (e) of Section 54431 only apply to any processor, handler, distributor, or agent of any such person, who refuses to negotiate or bargain, as specified by such provisions, with a cooperative bargaining association which represents producers with whom …

The provisions of subdivision (e) of Section 54431 shall not apply to cooperative associations in respect to business done with its own membership.

Nothing in subdivision (e) or (f) of Section 54431 requires any processor, handler, distributor, or agent of any such person, to negotiate over any specific period of time, or to agree upon price, terms of sale, compensation for commodities produced under contract, and other cont…

(a) To aid in preparation of the report required under this chapter, the secretary shall establish an advisory committee consisting of the following persons: (1) Six representatives of cooperative bargaining associations from names submitted by cooperative bargaining associations…

The advisory committee shall study and report on all of the following issues: (a) Unfair trade practices. (b) Licensing. (c) Funding. (d) Investigation and hearing procedures. (e) The need for a mechanism to resolve bargaining disputes. (f) Any other issues relating to this chapt…

The advisory committee shall meet not less than once annually.

The advisory committee shall prepare and transmit a report to the secretary at a time fixed by the secretary so as to meet his or her obligation under this article.

This article shall be construed as a continuation of former Article 3 of Chapter 2 of Division 20.

The department shall order conciliation between any cooperative bargaining association and any processor subject to this chapter if it determines, after receiving a request under the procedure specified in Section 54452, that conciliation will materially assist the parties in neg…

A conciliation service shall be appointed by the department if the parties cannot agree on a conciliator.

The following procedure shall be used upon receipt by the department of a request for conciliation: (a) The request from one of the parties to the negotiation, referred to as the requesting party, shall be presented on a form prescribed by the department. (b) The requesting party…

(a) If conciliation is ordered, the department shall, on the day the department determines that conciliation shall be conducted, notify both parties that the conciliation will take place and direct the conciliator agreed to by the parties to commence the conciliation process in a…

The conciliator shall perform the following duties: (a) Meet with the parties involved in the bargaining process in an attempt to resolve the dispute. (b) Participate in negotiations and have authority to offer suggestions and recommendations to resolve the dispute. (c) The total…

If the dispute has not been resolved by the completion of the conciliation process, the conciliator shall file a final report with the department within three business days after the close of conciliation. The report shall include only the following: (a) A factual summary of the …

All reasonable costs incurred in carrying out the conciliation prescribed in this article shall be shared equally by each party to the negotiations.

(a) In the report submitted to the Legislature pursuant to Section 54441, the department shall include a section on this article, which shall consist of the following items: (1) The number of requests for conciliation. (2) The number of conciliation cases handled. (3) The number …

Any person who violates any provision of this article is liable civilly for a penalty in an amount not to exceed the sum of ten thousand dollars ($10,000) for each and every violation.

The willful violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for each and every violation. This section does not apply to Article 3.5 (commencing with Section…

In addition to the penalty which is provided by Section 54461, any person who violates any provision of this chapter is liable civilly for a penalty in an amount not to exceed the sum of five thousand dollars ($5,000) for each and every violation. This section does not apply to A…

In addition to any other remedies provided under this article, the director may seek to obtain injunctive relief in the proper court to require any person subject to this chapter to comply with any applicable requirement in this chapter.

It is the policy of this state to gain maximum benefits in behalf of agriculture from the results of research and service work performed by local, state, and federal governments through coordination and correlation of such activities. (Enacted by Stats. 1967, Ch. 15.)

Since the Congress of the United States has recognized the value of marketing research, developmental, and service work through the enactment of agricultural marketing laws, including Public Law 733 (60 Stat. 966), and since Title II thereof embodies features of a nature akin to …

The department is the proper state agency for such intergovernmental cooperation in those regulatory and service features contemplated by Public Law 733 (60 Stat. 966) and in relation to such other federal laws as may relate to the same and comparable activities. (Enacted by Stat…

The secretary may enter into cooperative agreements with the Secretary of Agriculture of the United States Department of Agriculture or the Administrator, Agricultural Marketing Act of 1946 (7 U.S.C. Sec. 1621 et seq.), or both, to develop projects or programs that are designed t…

If a cooperative agreement related to federal-state cooperative market news services, as described in subdivision (b) of Section 58231, is not in effect in the state, the secretary may define grape-pricing districts in the state.

The director may also enter into agreements with federal administrative committees established by the Secretary of Agriculture of the United States pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937 (50 Stat. 246), with advisory boards and program comm…

The director may receive and pay out money for the purposes which are mentioned in this article. (Enacted by Stats. 1967, Ch. 15.)

This chapter shall be known as the Agricultural Producers Marketing Law. (Enacted by Stats. 1967, Ch. 15.)

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)

“Commodity” means any horticultural, viticultural, or vegetable product of the soil, aquacultural, livestock and livestock products, and poultry and poultry products. It does not, however, include milk or milk products.

“Dealer” means any distributor or retailer. (Enacted by Stats. 1967, Ch. 15.)

“Distributor” means any person, except a retailer, that acquires and distributes any commodity at wholesale or retail. (Enacted by Stats. 1967, Ch. 15.)

“Handler” means any person that receives any commodity from the producer for the purpose of marketing it. (Enacted by Stats. 1967, Ch. 15.)

“Marketing program” means any program which contains provisions which are authorized by Article 8 (commencing with Section 59801) of this chapter. (Enacted by Stats. 1967, Ch. 15.)

“Primary channel of trade” means that transaction in which the producer or a cooperative marketing association of producers transfers physical possession of the commodity to another person in the current of commercial trade. (Enacted by Stats. 1967, Ch. 15.)

“Producer” means any person that is engaged in the business of growing or producing any commodity for commercial use. (Enacted by Stats. 1967, Ch. 15.)

“Processor” means any person that buys, or otherwise takes title to or possession of, any commodity for the purpose of processing or manufacturing it or selling, reselling, or redelivering it in dried, canned, extracted, fermented, distilled, or other preserved form. It also incl…

“Proration” means the application of allocated quantities or percentages under a uniform rule to the production, or merchantable production, of all producers that are affected, for the purpose of regulating the quantity of any commodity which may be harvested, prepared for market…

“Proration zone” means any district for which a marketing program is proposed or has been instituted. (Enacted by Stats. 1967, Ch. 15.)

“Retailer” means any person that is engaged in the business of making retail sales direct to the general public. (Enacted by Stats. 1967, Ch. 15.)

The Legislature declares that: The disorderly marketing of commodities in this state; the improper preparation for market; the lack of uniform grade specifications or uniform inspection of commodities; the marketing of commodities in excess of reasonable or normal market demands …

The conditions set forth in Section 59541 vitally concern the health, peace, safety and general welfare of the people of this state. It is declared to be the policy of this state to aid agricultural producers in preventing or correcting adverse marketing conditions, improving exi…

The production and marketing of commodities by producers within this state is declared to be affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and…

Any order of the director which makes effective a marketing program, and any other order of the director which substantially affects the rights of any interested party, may be reviewed by any court of competent jurisdiction. Any such action shall be commenced withn 30 days after …

If producers of any commodity which is regulated by a marketing program that is issued by the director pursuant to the provisions of this chapter are required to comply with minimum quality, condition, size, or maturity regulations, no person may, except as otherwise provided in …

By reason of the climatic and other conditions which relate to the production and marketing of figs for canning purposes, no marketing program pursuant to this chapter shall be established for figs for canning purposes. (Enacted by Stats. 1967, Ch. 15.)