Title FAC — California Food & Agric. Code

(a) Except as otherwise provided in this chapter, milk shipped by a producer to a handler who meets all of the following criteria shall be considered for coverage pursuant to this chapter: (1) A valid contract between the producer and handler pursuant to Chapter 1 (commencing wit…

Any producer entity, including a nonprofit cooperative association that severs a disqualifying beneficial ownership interest in a handler to whom it supplies bulk milk, shall not have trust fund coverage for future milk shipments to that handler for a period of 12 months after no…

Only shipments which occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid are eligible.

If future shipments to a handler are not eligible for coverage under this chapter in the event of a default, the secretary shall notify all producers who have a contract on file with the secretary, all nonprofit cooperative associations, and other interested parties. Future shipm…

If, on the date of the notice issued pursuant to Section 62582, a producer has a contract with the handler which is on file with the secretary, and that producer has received payment from a handler whose milk purchases have been declared ineligible, shipments by that producer whi…

If, on the date of the notice issued pursuant to Section 62582, a producer does not have a contract with the handler which is on file with the secretary, shipments by that producer which occur more than five days from the date of the notice of ineligibility issued by the secretar…

If the secretary issues a notice pursuant to Section 62582, the secretary may again qualify shipments to the handler if the handler has corrected the deficiency upon which the notice was originally issued and has done all of the following: (a) Paid all amounts owed to producers, …

The secretary shall, at least monthly, publish a current list of all handlers to whom shipments are not eligible for coverage under the fund.

The secretary may waive any of the provisions of this article if, after consultation with the board, the secretary finds that a hardship would be imposed on persons subject to this chapter that is not consistent with the intent of this chapter.

Any producer who does not receive payment for milk sold or delivered to a handler in the manner required by Section 1051.73 of the Federal Milk Marketing Order, or, in the case of nonpooled or Grade B milk, as required by the contract, shall immediately notify the secretary. Fail…

The secretary shall, upon the secretary’s own motion or upon information from a producer, producer representative, or any other person, immediately take whatever action is necessary to determine whether a payment default has occurred.

If the secretary determines that a payment default has occurred, the secretary shall notify the handler that it has one business day from receipt of the notification to correct the payment deficiency. If the secretary determines that a payment default has not occurred, the secret…

When a payment default has occurred, which was not corrected within one business day after notification, the secretary shall issue a notice pursuant to Section 62582 which identifies the defaulting handler and informs producers of the provisions of Sections 62583 and 62584. The n…

If the secretary determines that the fund is liable for any nonpayments to producers, the secretary shall provide to the producers, who have a contract with the defaulting handler on file with the secretary, a claim form. The claim form, which shall be verified, shall be returned…

If a verified claim form is not filed as required by Section 62620, the secretary and the fund are relieved of any further duty or liability pursuant to this chapter.

Upon receipt of all verified claim forms from producers or the expiration of the time allowed to file claims, whichever occurs first, the secretary shall calculate the amount due each producer and shall notify each producer of their calculated amount and the relationship that amo…

For purposes of this chapter, the amounts owed to the producers shall be calculated as follows: (a) Only shipments that occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid shall be used. (b) For all eligible milk, whether p…

Two hundred thousand dollars ($200,000) shall be deducted from the total of the amount owed to all producers, as calculated in Section 62623, and the balance shall be paid from the fund on a pro rata basis. The amount calculated pursuant to Section 62623 shall be the basis for pr…

A prorated payment shall be made to all affected producers based on the amount payable pursuant to Section 62624 when there is not sufficient money in the fund. Additional payments shall be made on a quarterly basis until the total amount due is paid. Each payment shall take into…

(a) The secretary shall collect from each producer three and three-tenths mills ($0.0033) per hundredweight of all milk, whether pooled or nonpooled, to defray the reasonable costs of administering this chapter, except costs for which the fund is liable, as provided for in Sectio…

The secretary is the instrumentality of this state for the purpose of administering and enforcing this chapter and to execute the legislative intent expressed in this chapter, and is hereby vested with the administrative authority specified in this chapter.

The secretary may exercise any or all of the powers conferred by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code upon the head of a department with respect to hearings and investigations under this chapter.

For purposes of enforcing this chapter, the secretary may investigate any and all transactions between producers and handlers, between nonprofit cooperative associations and producers, and among handlers. For that purpose, the secretary shall have access to, and may enter at all …

Any order of the secretary made pursuant to this chapter that substantially affects the rights of any directly affected party shall be subject to judicial review upon petition to the appropriate court. The petition shall be filed within 30 days after the effective date of the ord…

Any producer who recovers from the fund shall subrogate to the secretary all rights of recovery against any person or organization, and the producer shall execute and deliver to the secretary instruments and papers and perform any other acts necessary to carry out this section.

Any payments made to producers from the fund due to a handler’s default shall accrue interest at the rate of 12 percent per annum from the date of payment. The payments and accrued interest is a judgment against the defaulting handler. The judgment shall be considered a lien on a…

The Legislature finds and declares all of the following: (a) The production of cattle for both beef and dairy constitutes a paramount industry of this state that not only provides substantial revenues for the state but also provides willing consumers with local and nutritious foo…

The purposes of this chapter are as follows: (a) Most notably, to authorize and enable the secretary and the appointed governing body of the council to formulate and effectuate, directly or in cooperation with other agencies and parties, research relating to all types of Californ…

This chapter shall be liberally construed. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the inva…

It is hereby declared as a matter of legislative determination that council members and alternates are intended to represent and further the interest of the particular industry concerned and that this representation and furtherance is intended to serve the public interest. Accord…

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

(a) “Beef” means the meat of cattle and includes veal. (b) “Cattle” and “beef cattle” are synonymous and mean bovine animals of any breed, regardless of age. (c) “Cattle feeder” means a producer raising cattle in confined spaces for the purposes of finishing cattle for market. (d…

There is in the state government the California Cattle Council that consists of 11 members and 11 alternates appointed by the secretary, each of whom shall be a producer in this state who is a range cattle producer, cattle feeder, dairy producer, or processor, with the exception …

The secretary or the secretary’s designee shall serve as an ex officio member.

(a) The secretary shall appoint to the council three range cattle producers, three cattle feeders, three dairy producers, one processor, and one public member to represent the general public. (b) (1) Each member appointed as a range cattle producer, at the time of initial appoint…

Except as otherwise provided in this section, the public member and the public member’s alternate shall have all the powers, rights, and privileges of any other member or alternate, respectively, on the council, except that the public member or the public member’s alternate shall…

(a) The terms of office of the members and alternates of the council shall be three years. At the discretion of the secretary, the first appointments made under this chapter shall be so made that the terms of three members and the three members’ alternates shall expire at the end…

Six members of the council shall constitute a quorum for the transaction of all business, including the election of officers.

(a) The council shall annually select a chairperson and vice chairperson from its membership, to serve at the council’s pleasure, who, together with three other members selected annually by the council, shall constitute an executive committee. (b) The executive committee shall ha…

(a) The council shall have two regular meetings each year at times and places determined by the council. (b) The times for regular meetings shall be fixed so that there is an interval of at least four months between each meeting. (c) The council may hold additional meetings at an…

Members of the council shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties.

An alternate member of the council shall sit as a regular member of the council if the regular member fails for any reason to attend any meeting of the council. An alternate member shall be compensated and reimbursed in the same manner and to the same extent as a regular member w…

The secretary or the secretary’s representative shall be notified and may attend each meeting of the council.

No member or alternate of the council shall receive a salary.

All funds received by any person from the assessments levied under this chapter or otherwise received by the council shall be deposited in banks designated by the council and shall be disbursed by order of the council through an agent or agents as it may designate for that purpos…

The state is not liable for the acts of the council or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the council are limited to the funds collected by the council. No member or alternate of the council, or any employee or…

The council may enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state and shall be prima facie evidence of the truth of all statements therein.

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

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,…

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 …