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STATE OF CALIFORNIADEPARTMENT OF FOOD AND AGRICULTUREMARKETING BRANCHCALIFORNIA MARKETING ACTCHAPTER 1, PART 2 OF DIVISION 21 OF THECALIFORNIA FOOD AND AGRICULTURAL CODEAs Amended through January 1, 2019
CALIFORNIA MARKETING ACT OF 1937Table of ContentsARTICLE 1. SHORT TITLE AND DEFINITIONS . 158601. Title . 158602. Effect of definitions . 158603. Administrative rules and regulations . 158604. Advertising and sales promotion . 158604.5. Advertising and sales promotion: reimbursement payments . 158606. Directly affecting; directly affected; directly regulating; directly regulated . 258607. Distributing . 258608. Distributor . 258608.1. Educational program . 358609. Fish . 358610. General Rules and Regulations . 358611. Handler . 358612. Handling . 458613. Major amendments . 458614. Marketing by producers . 458615. Marketing order . 458616. Minor amendments . 458617. Person . 458618. Processing . 458619. Processor . 558620. Producer . 558621. Producer marketing . 558622. Retailer . 558623. Seafood . 558624. Seasonal marketing regulations . 5ARTICLE 2. GENERAL PROVISIONS . 658651. Legislative findings . 658652. Declaration of policy . 658653. Public Interest . 658654. Purposes of chapter. 758655. Compliance as defense to prosecution under other acts . 758657. Fish and seafood handlers . 858658. Severability . 858659. Cause of action; effect of suspension, amendment or termination of marketingorder or agreement . 858660. Legislative purpose; prior amendments . 858661. Volume or quantity . 8ARTICLE 3. Exceptions . 958681. Carrier operations. 958682. Retailers . 9ARTICLE 4. ADMINISTRATION.1058711. Director’s administrative powers .1058712. Enforcement of marketing orders by director .1058713. Powers of director .1058714. Liability insurance .10ARTICLE 5. MARKETING ORDERS AND AGREEMENTS .11
January 1, 2019CALIFORNIA MARKETING ACT58741. Authority to issue producer marketing orders .1158741.1. Educational program: establishment .1158742. Authority to issue orders covering commodities not federally regulated .1158743. Authority to issue intrastate marketing order compatible with federal order . 1158744. Restricting application of order to prescribed marketing area .1258745. Authority for marketing agreements.1258746. Application to marketing agreements of law governing orders; exceptions .1258747. Orders and agreements affecting handlers only .1358748. Authority to prohibit handling of substandard commodities .1358749. Multiple commodity orders or agreements; rights and privileges; effect of actionsto enjoin, amend, suspend or terminate orders or agreements; severability .1358750. “Buy California Program” .14ARTICLE 6. NOTICE, REPORTS AND HEARINGS .1558771. Notice of hearing .1558773. Mailing copies of notice of hearing and proposed order.1558774. Contents of notice of hearing .1558775. Report by handlers; notice to file; contents .1658777. Mailing copies of notice to handlers .1658778. Duty of handlers to report .1658779. Preparation of lists of producers .1758780. Omission of casual sellers.1758781. Confidential information.1758782. Public hearing; record .1758783. Evidence at hearing .1758784. Evidence for establishment of official producer or handler lists .1858785. Evidence and finding as to time required for filing assents .1858786. Evidence as to whether favor should be determined by assents or referendum .1858787. Finding whether favor should be determined by written assents or referendum .1858788. Referendum procedure .19ARTICLE 7. FINDINGS .2058811. Required findings .2058812. Consideration of economic factors .2158813. Required findings for order not restricting quantity .2158814. Continuance of prior orders .22ARTICLE 8. ADVISORY BOARDS AND COMMITTEES .2358841. Establishment; appointment; term .2358842. Composition .2358842.5. Raisin marketing orders; cooperative bargaining association representatives .2358843. Representative of department or public .2358844. Expenses; compensation .2458845. Powers .2458846. Duties .2458846.5. Report to industry members; contents.2558847. Relief from individual liability.2558848. Committees and subcommittees .2558849. Special committees and subcommittees .2558850. Invitations to attend meetings; expenses.2558851. Acts of committee; approval; expenses .25ii
January 1, 2019CALIFORNIA MARKETING ACT58852. Producers and handlers as members of boards; duty to serve public interest .2658853. Teleconference meetings . 26ARTICLE 9. TERMS OF MARKETING ORDERS .2758881. Regulatory provisions .2758882. Surplus; stabilization fund .2758883. Limitation of quantity; exception .2758884. Allotment of quantity or quality for purchase.2858885. Allotment of quantity or quality for processing or distribution.2858886. Regulation of period for processing .2858887. Surplus, stabilization or byproduct pools .2858888. Grade standards; uniform inspection and grading.2958889. Advertising and sales promotion .3058889.1. Private brands or trade names; promotion .3058889.3. Marketing order; foreign markets; contents .3158890. Unfair trade practices .3158891. Production adjustment benefits .3158892. Research studies; hearing; finding; referendum; trust account for fundingprograms; selection of programs; programs for developing and testing new products .3258892.1. Research studies; product qualities .3258892.2. Determination of compliance .3358893. Quality improvement educational program .3358894. Official board brand, trade name or label .3358895. Prevention and control of insects, predators, diseases; board recommendations .3458896. Weather and commodity production information .3458897. Indemnity trust funds for livestock losses due to disease, natural disaster .34ARTICLE 10. ASSESSMENTS AND FUNDS .3558921. Levy and collection; sufficiency.3558922. Maximum rate .3558923. Budget.3558924. Limitations on amount; expenses .3558925. Limitations on amount; advertising and sales promotion .3658926. Advertising and sales promotion; single assessment .3658927. Apportionment of single assessment .3658928. Borrowing money .3658929. Assessment as personal debt; action to collect .3758930. Added amount to cover collection costs; penalty .3758931. Advance deposit .3758932. Advance deposit; amount.3758933. Advance deposit; adjustment .3858934. Contributions .3858934.5. Defraying expenditures authorized by marketing order; receipt anddisbursement of contributions .3858935. Collection of producer assessments from handlers; accounting .3858936. Rules and regulations.3958937. Disposition of funds collected; audits.3958938. Refunds .4058938.5. Milk marketing orders; refund of assessments on certain shipments .4158939. Investment of funds .42iii
January 1, 2019CALIFORNIA MARKETING ACT58940. Unclaimed funds .4258941. Charges against budget .4258961. Authority to require; amount; disbursement .4358962. Reimbursement of applicant .43ARTICLE 12. ASSENT TO MARKETING ORDERS .4458991. Handlers .4458992. Processors .4558993. Producers or producer marketing .4658994. Use of written assents or referendum .4658995. Referendum period; tabulation of ballots .4758996. Referendum; sufficient vote; making order or amendment effective .4758997. Referendum; insufficient vote.4758998. Additional procedures .4758999. Referendum; counting vote of nonprofit cooperative marketing associations .4759000. Producer who sells growing crop.48ARTICLE 13. MAJOR AMENDMENTS .4959021. Procedures.4959022. Scope of major amendment .4959023. Surplus .4959024. Limitation of quantity .4959025. Allotments; handler’s acquisitions.4959026. Allotments for processing, distribution of handling.4959027. Limitation of period for processing, distribution or marketing .5059028. Surplus, stabilization or byproduct pools .5059029. Uniform grading and inspection; grading standards .5059030. Advertising and sales promotion .5059031. Unfair trade practices .5059032. Production adjustment requirements and benefit payments .5059033. Research .5059034. Increase of assessment rate .5059035. Enlargement of scope of order .5159036. Minor amendments .5159037. Seasonal marketing regulation .51ARTICLE 14. MINOR AMENDMENTS .5259051. Recommendation .5259052. Hearing .52ARTICLE 15. TERMINATION OR SUSPENSION .5359081. Hearing; finding of ineffectiveness.5359082. Request of producers or handlers; notice of intent to initiate petition .5359083. Requests for submission for reapproval; hearing; notice of intention; petition .5459084. Finding against reapproval; reapproval .5459085. Procedure on finding of substantial opposition .5559086. Time for submission for reapproval; hearings; extension of term deemedreapproval.5559087. Inoperative order or agreement; notice of intent; posting and publication .5559088. Effective date of suspension or termination.55ARTICLE 16. PUBLICATION AND NOTICE .5659111. Places of posting and publication; effective date of order; mailing copies .56iv
January 1, 2019CALIFORNIA MARKETING ACTARTICLE 17. GENERAL RULES AND REGULATIONS .5759141. Establishment .5759142. Posting and time of taking effect; notice .57ARTICLE 18. ADMINISTRATIVE RULES AND REGULATIONS .5859161. Recommendations; establishment .5859162. Scope .5859163. Posting; mailing and effective time .58ARTICLE 19. SEASONAL MARKETING REGULATIONS .5959171. Recommendation; establishment; requirements.5959172. Application; purpose .5959173. Restrictions .5959174. Notice .5959175. Recognition of changing conditions.
marketing of any commodity that is included in any marketing order or marketing agreement which is made effective pursuant to the provisions of this chapter. 58604.5. Advertising and sales promotion: reimbursement payments "Advertising and sales promotion" also means, in addition to its ordinary accepted meaning,
