Legislative Declarations And General Provisions - Marketing Advisory And Promotional Agency Laws - CA Food And Agriculture Code

Section § 63901

This law recognizes the importance of the agricultural and seafood industries to California's economy and establishes commissions and councils to support and enhance these industries. These bodies implement public policy with funding from user fees related to each program. They reflect California's ongoing commitment to these key industries, which provide jobs, tax revenues, and resource stewardship while ensuring food and fiber production. The law also supports individuals in these industries, encouraging the success of California's unique and diverse agricultural and seafood sectors.

These commissions and councils are designed to benefit the entire industry statewide, rather than individual entities, by improving overall conditions for specific commodities. Additionally, they aim to enhance the image and demand for California products, creating a welcoming environment for the industry's efforts and complementing targeted individual activities.

The Legislature hereby finds and declares that the agricultural and seafood industries are vitally important elements of the state’s economy and are supported by state established commissions and councils specified in this division that are mandated to enhance and preserve the economic interests of the State of California and are intended to do all of the following:

(a) Implement public policy through their expressive conduct. The programs conducted by these commissions and councils are among the broad range of state-mandated regulatory programs that are funded by the public through user fees assessed in accordance with each person’s relationship to a particular program.

(b) Reflect a continuing commitment by the State of California to its agricultural and seafood industries that are integral to its economy. These industries are a source of substantial employment for the state’s citizens, produce needed tax revenues for the support of state and local government, encourage responsible stewardship of valuable land and marine resources, and produce substantial necessary food and fiber for the state, nation, and world.

(c) Represent a policy of support for persons engaged in the agricultural and seafood industries, which are critically important elements of the state’s economy. These commissions and councils are particularly important for the continued success of California’s unique agricultural and seafood industries which tend to be decentralized with many small entities operating in diverse locations.

(d) Provide benefit to the entire industry and all of the people of this state. The commissions and councils are not enacted, and are not intended to produce measurable benefit, on an individual basis, and their successes should be evaluated by analyzing the extent to which they have improved the overall conditions for the particular commodity subject to the commission’s or council’s jurisdiction with resulting benefit to the overall economy of the state.

(e) Enhance the image of California agricultural and seafood products to increase the overall demand for these commodities. In this fashion, the Legislature intends that the commissions and councils operate primarily for the purpose of creating a more receptive environment for the commodity and for the individual efforts of those persons in the industry, and thereby compliment individual, targeted, and specific activities.

agricultural industries seafood industries commissions councils economic interests user fees public policy employment source tax revenues stewardship food production fiber production industry support commodity improvement demand increase

(Amended by Stats. 2001, Ch. 510, Sec. 1. Effective January 1, 2002.)

Section § 63901.3

This section emphasizes the importance of various activities by commissions and councils to support California's agricultural and seafood industries. These activities include conducting research on production and marketing trends, as well as food safety, and working to eliminate trade barriers. They also involve educating consumers about health and environmental benefits, regulating product flow through promotions, and analyzing the impact of regulations. Additionally, it highlights resolving public health crises, collaborating with agencies to tackle international market access issues, and establishing industry standards.

The Legislature further finds and declares that commission and council activities are essential to the goals and interests of the State of California that include, but are not limited to, all of the following:

(a) Research, including, but not limited to, production research, food safety research, marketing research and trends analysis, and research relating to crop protection and production materials.

(b) Elimination of tariff and nontariff trade barriers.

(c) Consumer education relating to the health and other benefits of using and consuming agricultural and seafood products.

(d) Consumer education relating to environmental protection and conservation.

(e) Demand-side regulation that stabilizes the flow of product to market through promotion.

(f) Analysis of the impact of federal, state and foreign regulation.

(g) Cooperative crisis resolution that impacts public health and safety and the continued stability of the industry.

(h) Participation with state and federal agencies in negotiating with other governments relating to market access issues such as phytosanitary issues, shipping protocols, crop protection residues, packaging, labeling, and other issues raised by countries imposing trade barriers on the import of agricultural and seafood products into their markets.

(i) Industry self-regulation to establish and maintain grade, size, and maturity standards and to stabilize the flow of product to market.

agricultural research food safety research marketing trends tariff barriers nontariff barriers consumer education health benefits environmental protection demand regulation crisis resolution trade barriers market access self-regulation industry standards phytosanitary issues

(Added by Stats. 2001, Ch. 510, Sec. 2. Effective January 1, 2002.)

Section § 63901.4

This law highlights that when agricultural commissions and councils work together, they can successfully prevent unnecessary economic losses and keep agricultural markets stable. These collaborations are designed to align with existing state and federal laws and international rules governing the agricultural sector.

The Legislature further finds and declares that mandated cooperative efforts engaged in by the commissions and councils have proven to be effective methods to avoid economic waste and maintain stable agricultural markets. These cooperative efforts are intended to work subject to, and together with, the constraints placed on the agricultural industry by state and federal statutes and regulations and international restrictions.

agricultural commissions agricultural councils economic waste prevention stable agricultural markets state regulations federal statutes international agricultural restrictions cooperative efforts industry constraints market stability collaborative methods agricultural industry state and federal laws international rules mandated cooperation

(Added by Stats. 2001, Ch. 510, Sec. 3. Effective January 1, 2002.)

Section § 63902

This law requires that if you have a complaint or disagreement regarding the actions of certain commissions or councils, you must first try to resolve it through their designated procedures before taking it to court. This rule is meant to resolve issues quickly and cheaply, making sure all other options have been tried before starting legal action.

In addition to any specific provisions regarding grievance procedures, and consistent with the nature of the commissions and councils established pursuant to Part 2 (commencing with Section 64001) and the desire to resolve conflicts in the most timely and cost-effective manner, any person subject to this division shall file a grievance with the appropriate commission or council, and exhaust all administrative remedies prior to the initiation of any litigation based on a claim, express or implied, that the activities undertaken by the commission or council do not directly or materially advance the interests of the State of California as set forth in this part.

grievance procedures administrative remedies commissions and councils conflict resolution litigation avoidance cost-effective resolution advance state interests file a grievance exhaust administrative remedies timely conflict resolution non-litigation resolution state interest advancement

(Amended by Stats. 2001, Ch. 510, Sec. 4. Effective January 1, 2002.)

Section § 63903

This law allows certain commissions to start or join legal or regulatory actions concerning their own activities. In other words, these commissions have the power to be proactive or reactive in legal cases related to what they do.

In addition to the authority granted to any commission by Part 2 (commencing with Section 64001), those commissions may commence or participate in administrative and civil actions relative to the activities of the commission.

commission authority administrative actions civil actions commission activities legal participation proactive legal actions reactive legal actions regulatory authority legal cases government commissions activity-related actions enforcement actions legal empowerment jurisdiction commission jurisdiction

(Added by Stats. 1997, Ch. 726, Sec. 2. Effective January 1, 1998.)

Section § 63904

This section states that specific councils and commissions are recognized by the state of California as official authorities, so they can perform certain functions expected by federal law under the United States Code Title 7.

The Legislature finds and declares that the councils and commissions operating pursuant to this division are duly constituted authorities of this state for purposes of subdivision (i) of Section 610 of Title 7 of the United States Code.

councils and commissions authorities Title 7 United States Code Section 610 federal recognition official authorities state functions California councils state commissions legal recognition state and federal law authorized bodies federal law compliance subdivision i

(Added by Stats. 1998, Ch. 399, Sec. 2. Effective January 1, 1999.)

Section § 63905

This law allows commissions or councils related to agricultural commodities to request the California Secretary of Agriculture to oversee certain marketing activities. These activities must align with the California Marketing Act of 1937. If the Secretary agrees, the commission or council must cover the costs. The Secretary can skip asking for public input if there's no strong opposition from those who financially contribute to the activity. Additionally, the council or commission can act as an advisory board for such activities if the Secretary decides so. Here, 'substantial opposition' means notable disagreement from those paying for the activity, not based on the number of dissenters.

(a) Any commission or council may petition the secretary to adopt and administer any activity authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21) relating to the commodity that is covered by any commission or council. Adoption and administration of the activity by any commission or council shall be in accordance with the act.

(b) Any commission or council may petition the secretary to administer any activity that the commission or council is authorized to engage in, and that is authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing with Section 58601) of Part 2 of Division 21), relating to the commodity that is covered by any commission or council. If the secretary accepts the petition, the commission or council shall reimburse the secretary for his or her actual cost for administering the activity. The secretary may waive referendum under the act if, following a hearing, the secretary determines that there is no substantial question of opposition to doing so among affected assessment payers. Administration of the activity by the secretary shall be in accordance with the act.

(c) As determined by the secretary, the governing body of the commission or council may serve as the advisory board with respect to any activity recommended and approved pursuant to this section.

(d) As used in this section, “substantial question of opposition” means opposition to the substance of the petition among currently affected assessment payers, and is not intended to mean a particular number of assessment payers.

California Marketing Act of 1937 commissions and councils agricultural commodities marketing activities secretary of agriculture petitioning process administration costs waiver of referendum advisory board substantial question of opposition assessment payers commodity-related activities

(Amended by Stats. 2006, Ch. 844, Sec. 1. Effective January 1, 2007.)

Section § 63906

This section outlines rules for commissions or councils holding meetings via teleconference. Participants must announce their teleconference attendance at least 24 hours in advance. A primary physical location must be designated for the meeting, where people can attend in person, and at least one member must be present there. The agenda must include how the public can access the meeting remotely, such as a phone number or website. Guidelines must be set in place for teleconferencing, addressing issues like cancellations, transparency, and public participation.

(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council:

(1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.

(2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location.

(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.

(b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference.

(c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.

teleconference meeting rules commission meeting guidelines public access to meetings teleconference notification physical meeting location public participation transparency technical difficulties agenda requirements remote access information

(Added by Stats. 2016, Ch. 451, Sec. 3. (AB 1976) Effective January 1, 2017.)