Section § 56701

Explanation

This section of the law explains that certain definitions from another part of the law (starting at Section 55401) also apply here. It also defines 'committee' specifically as the Market Enforcement Advisory Committee, which is created under Section 56702.

(a)CA Food and Agriculture Code § 56701(a) The definitions set forth in Article 1 (commencing with Section 55401) of Chapter 6 apply to this chapter.
(b)CA Food and Agriculture Code § 56701(b) For purposes of this chapter, “committee” means the Market Enforcement Advisory Committee established pursuant to Section 56702.

Section § 56702

Explanation

The law establishes a Market Enforcement Advisory Committee within the department, consisting of up to 12 members. These members are to represent the interests of growers, processors, and produce dealers, or their respective advocacy organizations.

The committee members are appointed by the secretary, who will take into account industry recommendations and strive for diversity in terms of industry, region, business size, and farm product types.

Additionally, the secretary can appoint one public member proposed by the committee, who will represent the public's interests with the same rights as other committee members.

(a)CA Food and Agriculture Code § 56702(a) There is in the department a Market Enforcement Advisory Committee. The committee shall consist of up to 12 voting members, which shall include a balanced representation of growers, processors, and produce dealers, or representatives from organizations that advocate on behalf of these industry groups.
(b)CA Food and Agriculture Code § 56702(b) The secretary shall appoint the members of the committee after receiving recommendations from the industry. In making appointments, the secretary shall ensure that there is representation on the board from a diverse population of industries, regions, business sizes, and farm product commodities.
(c)CA Food and Agriculture Code § 56702(c) The secretary may appoint one additional member to the committee, from nominees received from the committee, who shall serve as the public member. The public member shall represent the interests of the 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.

Section § 56703

Explanation

This law explains that people appointed to a committee are there to advocate for and support the interests of a specific industry. The work they do for the industry is considered to be in the public's interest. Therefore, the law views these industry interests as being similar to the public's interest, according to a specific part of another law.

It is hereby declared, as a matter of legislative determination, that persons appointed to the committee are intended to represent and further the interests of the industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

Section § 56704

Explanation

This law states that committee members serve a three-year term. If a member leaves the committee before their term ends, the secretary will appoint someone to fill the position temporarily. The secretary also has the power to remove any member at any time. Committee members do not get a salary but can be reimbursed for expenses when attending meetings or undertaking committee-authorized activities, provided these are approved by the secretary.

(a)CA Food and Agriculture Code § 56704(a) The term of office for a member of the committee is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements described in subdivisions (a) and (b) of Section 56702, appoint a replacement member of the committee for the duration of the term. The secretary may remove a committee member at any time.
(b)CA Food and Agriculture Code § 56704(b) A member of the committee shall not receive a salary but may be reimbursed by the department for attendance at meetings and other committee activities authorized by the committee and approved by the secretary.

Section § 56705

Explanation

This law section outlines that the committee's role is to advise the secretary on various topics. This includes overseeing the management and enforcement of certain agricultural regulations, reviewing procedures of the Market Enforcement Branch, advising on annual budgets, and suggesting appropriate fees for licensing and complaints. Additionally, the secretary has the authority to assign more advisory tasks to the committee.

(a)CA Food and Agriculture Code § 56705(a) The committee shall advise the secretary and may make recommendations on all of the following:
(1)CA Food and Agriculture Code § 56705(a)(1) All matters pertaining to the administration and enforcement of Chapter 6 (commencing with Section 55401) and Chapter 7 (commencing with Section 56101) and any rules or regulations adopted pursuant to those chapters.
(2)CA Food and Agriculture Code § 56705(a)(2) Procedures established and performed by the Market Enforcement Branch of the department.
(3)CA Food and Agriculture Code § 56705(a)(3) Annual budgets required to accomplish the purposes of the chapters described in paragraph (1).
(4)CA Food and Agriculture Code § 56705(a)(4) The setting of appropriate licensing and complaint fees necessary for the administration of the chapters described in paragraph (1).
(b)CA Food and Agriculture Code § 56705(b) The secretary may delegate additional advisory duties to the committee.

Section § 56706

Explanation

This section outlines that a committee must choose a chairperson from its members every year and may also select other needed officers. The committee is required to meet whenever the chair or the secretary decides, but they have to gather at least once a year to go over the annual budget and licensing fees.

(a)CA Food and Agriculture Code § 56706(a) The committee shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary.
(b)CA Food and Agriculture Code § 56706(b) The committee shall meet at the call of its chair or the secretary. The committee shall meet at least once a year to review an annual budget and licensing fees.

Section § 56707

Explanation

This law states that despite what Section 11123 of the Government Code might say about meetings, the committee must adhere to the teleconference requirements outlined in Section 58853 of the same code.

Notwithstanding Section 11123 of the Government Code, the committee shall follow the teleconference requirements set forth in Section 58853 of this code.