text: “Solids-not-fat” means any milk solids that are not fat, measured using the standard milk testing methods in a Federal Milk Marketing Order, established by the final rule, effective October 17, 2018, published by the United States Department of Agriculture in Volume 83 of the Federal Register, beginning on page 26547, on Friday, June 8, 2018.

history: (History: Repealed and added by Stats. 2019, Ch. 304, Sec. 69. (AB 590) Effective January 1, 2020.)

article: 1. Short Title and Definitions


kind: section

code: FAC

text:
It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the police power of this state for the purposes of protecting and furthering the public health and welfare. It is further declared that the dairy industry of this state is affected with a public interest, in that, among other things:

(a) The production, processing, manufacture, and distribution of milk and other dairy products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions, and employment and a means of livelihood for many thousands of its population, but also furnishes essential foods that are vital to the public health and welfare.

(b) The stabilization, maintenance, and expansion of the dairy industry of California, and of the state, nationwide, and foreign markets for its products, are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a great segment of the population of this state, to maintain proper wage scales for those engaged in the dairy industry, and to maintain existing employment.

(c) Due to the significant role of milk and other dairy products in balanced human nutrition and the maintenance of public health, it is appropriate to provide for the dissemination of accurate and scientific information relative to the healthful qualities of dairy products, and to make the public thoroughly aware of that information.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 70. (AB 590) Effective January 1, 2020.)

chapter: 1. The Dairy Council of California Law

article: 2. General Provisions

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 2. General Provisions


text:
The purposes of this chapter are as follows:

(a) To enable the dairy industry, with the aid of the state, to develop, maintain, and expand the state, national, and international markets for dairy products that are produced, processed, or manufactured in the state, and the use and consumption of those dairy products in the state.

(b) In aid, but not in limitation, of this purpose, to authorize and enable the secretary to formulate and effectuate, directly or in cooperation with other agencies and instrumentalities specified in this chapter, consumer, or other, educational programs designed to encourage the use and consumption of milk and other dairy products as part of balanced human nutrition.

(c) To provide funds for the administration and enforcement of this chapter by assessments to be paid by producers and handlers in the manner prescribed in this chapter.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 8. (AB 425) Effective January 1, 2022.)

division: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS

part: 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS

article: 2. General Provisions


text: This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or invalid, that decision does not affect the remaining portion of this chapter but the unconstitutional or invalid provision is separable from the valid parts of this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 72. (AB 590) Effective January 1, 2020.)

article: 2. General Provisions


text: The secretary shall administer and enforce this chapter, and may exercise any or all of the administrative powers that are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, the secretary may contract to carry out the declared intent and purposes of this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 73. (AB 590) Effective January 1, 2020.)

article: 3. Administration

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 3. Administration


text: The secretary shall, from records of the department or any other reliable source, maintain a list of producers and handlers.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 9. (AB 425) Effective January 1, 2022.)

article: 3. Administration


text: The secretary may purchase general liability insurance for the council in an amount the secretary determines as necessary. The cost of the insurance shall be paid by the council. The insurance policy shall name the secretary, in the secretary’s official capacity, and the council as insured parties for claims made against the council in its advisory capacity to the secretary or against the secretary regarding the activities of the council. The secretary, after consultation with the Attorney General, may refer claims to the insurance carrier for appropriate action. In the alternative, the secretary may require that claims be handled in the manner otherwise specified in this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 75. (AB 590) Effective January 1, 2020.)

article: 3. Administration


text:
There is in the state government the Dairy Council of California, which shall consist of no less than 24, nor more than 26, members. All members of the council shall be appointed by the secretary and may hold office at the pleasure of the secretary. The membership of the council shall be as follows:

(a) There shall be 12 members that are actually engaged in the production of milk. These 12 members are the producer members of the council.

(b) There shall be 12 members that are handlers. These 12 members are the handler members of the council.

(c) Upon the recommendation of the council, the secretary may appoint one person as a voting member who is not a producer or handler, and who shall represent the public.

(d) Upon the recommendation of the council, the secretary may appoint up to two people as nonvoting ex officio members of the council who have expertise that is beneficial to the council.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 10. (AB 425) Effective January 1, 2022.)

article: 4. Dairy Council of California

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 4. Dairy Council of California


text: Officials or members, otherwise qualified, of corporations, associations, and other business units, that are actually engaged in business as producers or handlers are eligible to be members of the council.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 11. (AB 425) Effective January 1, 2022.)

article: 4. Dairy Council of California


text: The term of office of a member of the council shall be three years.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 78. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: Any vacancy occurring on the council during an unexpired term of office may be filled by the secretary for the unexpired term. In filling a vacancy, the secretary may consider recommendations from the remaining members of the council. The secretary may remove any member of the council for cause deemed sufficient by the secretary and the vacancy caused by removal shall be filled in the manner as provided in this section for the unexpired term.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 79. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: Members of the council shall be nominated and appointed pursuant to procedures recommended by the council and approved by the secretary. The procedures may include, but are not limited to, nominations, preference voting, and district representation.

history: (History: Repealed and added by Stats. 2012, Ch. 323, Sec. 10. (AB 2682) Effective January 1, 2013.)

article: 4. Dairy Council of California


text: A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 4. Dairy Council of California


text: The council shall select from its members, to serve at its pleasure, a chair and vice chair who, together with at least three, and no more than five, other members selected by the council, shall constitute the executive committee of the council. The executive committee shall have and exercise those powers of the council as the council may delegate to it.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 80. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: The council shall have two regular meetings in each year at times and places fixed by the council. The times for regular meetings shall be fixed so that there is an interval of at least four calendar months between all regular meetings. The council may meet in special meetings at any time and place at the call of the chair. The executive committee shall have four regular meetings each year at times and places fixed by it, and may meet in special meetings at any time and place at the call of the chair.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 81. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: The appointed members of the council shall receive one hundred dollars ($100) per day for each day spent in actual attendance at the meetings or on the business of the council and shall be reimbursed for necessary traveling and other expenses that are incurred in the performance of their official duties.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 82. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: No member of the council, except for a member of the executive committee, shall receive compensation for more than 10 days’ service per year. No member of the executive committee shall receive compensation for more than three days’ service per month.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 83. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: The members of the council who are duly appointed by the secretary, and employees of the council, shall not be held responsible individually in any way, to any person, for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities that arise out of the administration and enforcement of this chapter are payable only from funds that are collected pursuant to the provisions of this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 84. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: The secretary may require any employee or agent of the council to give a fidelity bond that is executed by a surety company that is authorized to do business in this state in favor of the secretary, in a sum, and containing terms and conditions, that the secretary may prescribe. The cost of a fidelity bond required pursuant to this section shall be paid from the funds that are collected pursuant to this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 85. (AB 590) Effective January 1, 2020.)

article: 4. Dairy Council of California


text: It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the council pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the council, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 12. (AB 425) Effective January 1, 2022.)

article: 4. Dairy Council of California


text:
The duties of the council are advisory, except for those duties that may be delegated to it by the secretary. The council may, subject to the approval of the secretary, exercise any of the following powers:

(a) To recommend to the secretary administrative regulations that relate to the administration and enforcement of this chapter.

(b) To investigate all matters that affect the administration of this chapter, and to report violations of it to the secretary.

(c) To employ and, at its pleasure, discharge a manager and any clerical help and other employees that it deems necessary, and to prescribe their powers and duties and fix their compensation.

(d) To contract with, or employ, and, at its pleasure, discharge any consultants and agencies that it deems necessary, and to outline their powers and duties and fix their compensation.

(e) To establish offices and incur expenses incidental to those offices.

(f) To recommend to the secretary the making of contracts and other agreements that may be necessary to conduct nutrition research, communication, and education activities of the council.

(g) To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or created by state or national law, that is engaged in work or activities similar to the work and activities of the council, and recommend to the secretary the making of contracts and agreements with these organizations or agencies for carrying on joint campaigns of research, education, and advertising. In matters of research, the council shall, however, cooperate with organizations of recognized professional standing that are adequately equipped with facilities for the research that is contemplated.

(h) To recommend to the secretary the institution and promotion of scientific research to develop or discover, or both to develop and discover, the health, food, therapeutic, dietetic, and industrial uses of milk and its products and derivatives.

(i) To cooperate with other public and private agencies that are engaged in similar work or activities in order to avoid or minimize any overlapping or duplication of work or conflict.

(j) To receive, invest, and disburse funds, pursuant to Article 11 (commencing with Section 64300).

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 86. (AB 590) Effective January 1, 2020.)

article: 5. Powers and Duties

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 5. Powers and Duties


text:
Annually, before July 1 of each year, the council shall formulate and transmit to the secretary statements of its recommended activities and proposed budget for the coming fiscal year. The statements shall:

(a) Be based on and made after an investigation by the council of the necessities of the dairy industry and the extent of the public interest, necessity, and convenience to be served by those recommended activities.

(b) Describe the council’s recommended programs of research, education, and communication.

(c) Set forth in a proposed budget the amounts that are deemed necessary to be allocated by the secretary both to effectuate these programs and to perform the secretary’s administrative duties pursuant to this chapter. The proposed budget shall include reasonable amounts for contingencies.

(d) Be in a form, and contain detail, that the secretary, in the reasonable exercise of the secretary’s judgment, deems necessary to adequately show whether or not the activities are warranted by the facts contained in the statements and are authorized by this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 87. (AB 590) Effective January 1, 2020.)

article: 5. Powers and Duties


text:
(a) If the activities and budgeted amounts that are recommended by the council and described in the statements provided for in Section 64153 are warranted by the facts contained in the statements and are authorized by this chapter, the secretary shall approve the activities for the council programs, in writing, within 20 days after each of the statements has been submitted to the secretary. The secretary shall also approve, in writing, the budget provided for in subdivision (c) of Section 64153 within 20 days after the budget has been submitted. If the secretary refuses or fails to give any approvals pursuant to this section within the required periods, the secretary shall notify the council promptly of the secretary’s refusal or failure to approve the activities or budget and give the secretary’s reasons, specifically, for the refusal or failure.

(b) Expenditures for political contributions or for lobbying are not authorized.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 88. (AB 590) Effective January 1, 2020.)

article: 5. Powers and Duties


text: The council shall keep accurate books, records, and accounts of all of its transactions, dealings, contracts, agreements, funds, and expenditure. These books, records, and accounts shall at all times be open to inspection and audit by the department.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 89. (AB 590) Effective January 1, 2020.)

article: 5. Powers and Duties


text: The council shall request the secretary to submit to it an annual budget that sets forth in reasonable detail the proposed expenditures that the secretary deems necessary for the performance by the secretary and by the department of the duties that are imposed upon them by this chapter. The council shall also request the secretary to submit to it an annual statement, in reasonable detail, of the secretary’s expenditures pursuant to this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 90. (AB 590) Effective January 1, 2020.)

article: 5. Powers and Duties


text: The council shall, annually, report to the members of the dairy industry on its activities and programs, including, but not limited to, its income and expenses, fund balance, and a report of progress in achieving program goals, as prescribed by the secretary.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 91. (AB 590) Effective January 1, 2020.)

article: 5. Powers and Duties


text:
The council shall conduct one or more campaigns of research, communication, and education designed to accomplish the following purposes, among others:

(a) To gather, publicize, and disseminate accurate and scientific information that shows the importance of the use and consumption of dairy products in relation to public health, balanced diet, and balanced nutrition of children and adults.

(b) To provide education programs on the value and health benefits of milk and dairy products to empower stakeholders, including educators, health professionals, and communities, to elevate the health of children and families in accordance with consensus science.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 92. (AB 590) Effective January 1, 2020.)

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 6. Research, Advertising, Publicity, and Education Campaigns


text:
(a) In each fiscal year, of the money that is received under this chapter, an amount to be determined by the council shall be expended or allocated for research, with particular emphasis on the role of milk and dairy products in adult and child nutrition.

(b) The council shall select the research projects to be conducted. Those projects shall be carried out, as practicable, by the University of California, pursuant to a contract entered into between the Regents of the University of California and the council. If, however, the council determines that the college has no facilities for a particular project or that another recognized research agency has better facilities for it, the project may be carried out by the other research agency, pursuant to a contract with the council.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 93. (AB 590) Effective January 1, 2020.)

article: 6. Research, Advertising, Publicity, and Education Campaigns


text: An advertising or sales promotion program that is conducted or sponsored by the council shall not make any false or unwarranted claim, shall not disparage the quality, value, use, or sale of any commodity that is authorized by law to be marketed in this state, and shall not be conducted with reference to a brand or trade name.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 94. (AB 590) Effective January 1, 2020.)


text: Every handler shall keep complete and accurate records of all milk in unprocessed form that the handler purchases, or possession or control of which it acquires from any producer or other handler. Every handler that produces milk shall include its own production in these records. Every handler shall also keep complete and accurate records of all milk that it utilizes for processing.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 13. (AB 425) Effective January 1, 2022.)

article: 7. Records and Reports

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 7. Records and Reports


text:
Records kept pursuant to Section 64221 shall be all of the following:

(a) In a form, and containing all information, relevant to the purposes of this chapter, that the secretary may, by order or regulation, prescribe.

(b) Preserved for a period of two years.

(c) Open to inspection at any time on the request of the secretary.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 96. (AB 590) Effective January 1, 2020.)

article: 7. Records and Reports


text: The secretary may, by order or regulation, require every handler subject to the recordkeeping requirements in Section 64221 to file with the secretary the information, or any part of the information, in the records, that the first handlers are required to keep pursuant to this article. The information shall be on forms that are prescribed and furnished by the secretary.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 14. (AB 425) Effective January 1, 2022.)

article: 7. Records and Reports


text: A person shall not use the same name, or a name so similar as to mislead the public into believing it is the same name, as the Dairy Council of California.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 10. Violations and Penalties

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 10. Violations and Penalties


text: Any violation of any provision of this chapter is a misdemeanor.

article: 10. Violations and Penalties


text: This article provides for a comprehensive and continuing plan for financing the operations of the council.

history: (History: Added by Stats. 1982, Ch. 380, Sec. 23. Effective July 4, 1982. Section operative January 1, 1983, pursuant to Section 64313.)

article: 11. Financing Plan

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 11. Financing Plan


text:
(a) Annually before the beginning of the fiscal year, the secretary shall, upon the recommendation of the council, establish and announce the assessments to be paid by producers and handlers for the coming fiscal year.

(b) These assessments shall be established at levels sufficient to finance the budget for the coming fiscal year as approved by the secretary pursuant to Sections 64153 and 64154.

(c) The rate structure of the assessments shall be as follows:

(1) The following assessments for handlers of milk:

(A) No more than 17.0 mills ($0.0170) per hundredweight for Class I milk.

(B) No more than 8.5 mills ($0.0085) per hundredweight for all other usages of milk.

(C) The relationship between the handler assessment rates per hundredweight established for Class I milk and for all other usages shall be at a ratio of 2 to 1.

(2) For producers of milk if a stand-alone quota program established pursuant to Section 62757 is operative, the assessments shall be as follows:

(A) No more than 2.0 mills ($0.0020) per pound for quota solids-not-fat, within the meaning given that term for purposes of the Quota Implementation Plan established pursuant to Section 62757.

(B) No more than 1.0 mills ($0.0010) per pound for all other solids-not-fat.

(C) The relationship between the producer assessment rates per pound quota solids-not-fat and per pound for all other solids-not-fat shall be at a ratio of 2 to 1.

(3) For producers of milk if a stand-alone quota program established pursuant to Section 62757 is not operative, the assessments shall be as follows:

(A) No more than 10.4 mills ($0.0104) per hundredweight of milk produced and delivered to a handler.

(B) The producer assessment shall be without regard to the milk’s usage and shall be at a level between the two handler rates.

(d) The handler and producer assessment rates established pursuant to this section shall be set at levels so that the total projected handler revenue for the year and the total projected producer revenue for the year to be generated from those assessments shall be as close to equal as reasonably possible.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 15. (AB 425) Effective January 1, 2022.)

article: 11. Financing Plan


text:
Maximum allowable assessments greater than those provided in Section 64301 shall not be established unless approved by producers and handlers with at least 40 percent of all producers and handlers on record with the department submitting valid ballots during the referendum period, and either of the following:

(a) A majority of producers and handlers voting in the referendum support the increase in the proposed higher maximum assessment allowed, and those producers and handlers voting in favor represent at least 65 percent of the total voted volume represented by each category.

(b) At least 65 percent of producers and handlers voting in the referendum support the increase in the proposed higher maximum assessment allowed, and those producers and handlers voting in favor represent a majority of the total voted volume represented by each category.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 16. (AB 425) Effective January 1, 2022.)

article: 11. Financing Plan


text:
(a) The producer assessments shall be collected by the first handler that purchases, or otherwise acquires possession or control of, the milk by deducting the assessment from any payment that is due to the producer for the milk. Each handler shall pay the assessment on the handler’s own production. For the purposes of this article, a handler that sells unprocessed milk, of which the handler has the right to possession or control by contract or otherwise, to another handler, and delivers this milk in unprocessed form to the other handler or causes this milk to be delivered to the other handler directly from the producer, is the first handler of this milk.

(b) (1) When the stand-alone quota program, provided pursuant to Section 62757, is in effect, the assessment of each producer for all milk shall be determined on the total solids-not-fat of milk produced and delivered.

(2) When the stand-alone quota program, provided pursuant to Section 62757, is not in effect, the assessment of each producer for all milk shall be determined on the total hundredweight of milk produced and delivered.

(c) The collection of assessments to be paid by handlers pursuant to Section 64303 shall be used for the handler portion of council assessments only, and shall not affect payments of producers, nor in any way change the method of producer payment for milk.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 17. (AB 425) Effective January 1, 2022.)

article: 11. Financing Plan


text: Each handler shall pay to the secretary the assessments established for all milk used in the plant of the handler in the processing and manufacture of milk and milk products.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 18. (AB 425) Effective January 1, 2022.)

article: 11. Financing Plan


text: The assessments established and assessed as prescribed in this chapter shall be billed monthly to the handler and shall be paid to the secretary no later than the 15th day of the second month following the month during which the milk was received.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 19. (AB 425) Effective January 1, 2022.)

article: 11. Financing Plan


text: Assessments established and assessed under this chapter may be enforced and collected by the secretary through direct payment or through accounting procedures established by the secretary under Chapter 3.5 (commencing with Section 62750).

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 104. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text: To the amount of assessments that are unpaid when due, the secretary may add a penalty of 10 percent. In addition, the secretary may assess interest at a rate of 1 percent of the unpaid balance for each 30 days the assessment is unpaid.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 105. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text: The secretary, by action prosecuted by the secretary, may recover any unpaid assessments. In any action, a certificate of the secretary that shows the amount, including the penalty, determined by the secretary to be required to be paid by the person required to pay this amount is prima facie evidence of the delinquency. The presumption established by this section is a presumption affecting the burden of proof.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 106. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text: If any handler does not provide the information necessary to determine the amount of assessments due, when required, the secretary shall estimate the amount due from the records of the department or from any other source of information that is available. In any action by the secretary to recover assessments pursuant to this chapter, a certificate of the secretary that shows the amount determined by the secretary to be required to be paid by the person that is required to pay the assessments is prima facie evidence of the delinquency of the amount that is shown. The presumption established by this section is a presumption affecting the burden of proof.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 20. (AB 425) Effective January 1, 2022.)

article: 11. Financing Plan


text:
(a) Assessments paid on milk pursuant to this chapter shall be refunded to a producer that meets the following criteria:

(1) The producer was not paid, or received only partial payment, for the milk shipped.

(2) The producer has agreed to repay the refunded assessments to the affected programs if, on a subsequent date, the producer is paid for the milk.

(b) The producer shall receive a full refund of the assessments paid on milk shipped for which no payment was received. If partial payment was received, the producer shall receive a refund of the assessments paid on milk for which payment was not received.

(c) If a producer subsequently receives full or partial payment for milk for which assessments have been refunded, the producer shall repay the assessments in an amount proportionate to the portion of milk for which payment has been received.

(d) Refunds shall not be made pursuant to this section if the refund would cause a producer to incur an additional assessment obligation to the National Dairy Promotion and Research Program.

(e) The secretary shall adopt procedures for refunding assessments in accordance with this section. Those procedures shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 108. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text:
(a) Any money that is collected by the secretary pursuant to this chapter shall be deposited in a bank or other depository that is approved by the Director of Finance. Those funds shall be deposited and disbursed in conformity with appropriate regulations prescribed by the secretary and may be allocated to pay for expenses generated by the auditing requirement imposed by subdivision (b). The expenditure of those funds shall be exempt from the provisions of Section 925.6 of the Government Code.

(b) All expenditures by the council shall be audited at least annually by one of the following means:

(1) By contract with a certified public accountant.

(2) By contract with a public accountant holding a valid permit issued by the California Board of Accountancy.

(3) By contract with a public accounting firm.

(4) By agreement with the Department of Finance.

(c) A copy of the audit shall be delivered within 30 days after its completion to the Governor, the secretary, and the Controller.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 109. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text:
(a) Notwithstanding Section 13340 of the Government Code, money that is collected by the secretary pursuant to this chapter is continuously appropriated to the department to carry out the duties that are imposed upon the secretary and the council pursuant to this chapter. The appropriation that is made in this section is exempt from the operation of Section 16304 of the Government Code.

(b) The money that is collected by the secretary pursuant to this chapter shall be disbursed by the council only for the necessary expenses incurred by the council and the secretary to carry out the purposes of this chapter, including the payment of refunds that are authorized pursuant to this chapter. The council may disburse these funds in authorized activities related to particular dairy products without reference to the branches of the dairy industry from which these funds are derived.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 110. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text: Any money that is deposited pursuant to Section 64309 that the secretary determines is available for investment may be invested or reinvested by the Treasurer or the council in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, or placed in a depository as provided in Chapter 4 (commencing with Section 16500) of Part 2 of Division 4 of Title 2 of the Government Code, and handled in the same manner as money in the State Treasury. For these purposes, these moneys may also be combined with funds determined by the secretary to be available for investment pursuant to Section 58939 of Chapter 1 of Part 2 of Division 21 of the Food and Agricultural Code.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 111. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text: Any increment that is received from investment, reinvestment, or deposit of money pursuant to Section 64311 shall be deposited to the credit of the council. The Treasurer may deduct from this remittance an amount equal to the reasonable costs incurred in carrying out the provisions of this article or may bill the secretary for the costs and the secretary shall pay the costs from moneys collected pursuant to this chapter.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 112. (AB 590) Effective January 1, 2020.)

article: 11. Financing Plan


text:
(a) Between July 1 and December 31 of each year ending in the number three or eight, the secretary shall, by the public hearing procedure, and if appropriate, the referendum procedure, provided for in this article, determine whether the council program provided for in this chapter shall continue in effect.

(b) If the secretary finds from evidence received at the hearing that a substantial question exists as to whether the council program is contrary to or does not effectuate the declared purposes or provisions of this chapter, the council program shall be submitted to referendum as provided in subdivision (c).

(c) If the secretary determines that a referendum procedure is appropriate, the secretary shall establish a referendum period of not to exceed 30 days during which period ballots shall be submitted to all producers and handlers on a statewide basis. If the secretary determines that the referendum period does not provide sufficient time for the balloting, the secretary may extend the referendum for an additional period not to exceed 30 days. The ballots shall provide a “yes” or “no” voting alternative to the question:

“Shall the Dairy Council of California be continued for the next five fiscal years beginning July 1 following this referendum?”

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 21. (AB 425) Effective January 1, 2022.)

article: 12. Referendum

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 1. The Dairy Council of California Law > 12. Referendum


text:
If the council program is submitted to a referendum, the secretary shall find that producers and handlers statewide have assented to the council program if the secretary finds both of the following:

(a) Sixty-five percent or more of the total number of handlers voting approve the council program.

(b) (1) No less than 51 percent of the total number of eligible producers in the state voted in the referendum.

(2) Sixty-five percent or more of the total number of eligible producers who voted in the referendum and who produced 51 percent or more of the total amount of fluid milk produced during the second calendar month preceding the month of the beginning of the referendum period by all producers who voted in the referendum approve the council program, or 51 percent or more of the total number of eligible producers who voted in the referendum and who produced 65 percent or more of the total amount of fluid milk produced during the second calendar month preceding the month of the beginning of the referendum period by all producers who voted in the referendum, approve the council program.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 22. (AB 425) Effective January 1, 2022.)

article: 12. Referendum


text: If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321, the council program may be resubmitted to a referendum as prescribed in this article within a period of no less than 60 days and no more than 180 days after the secretary announces the plan was not approved.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 23. (AB 425) Effective January 1, 2022.)

article: 12. Referendum


text:
(a) If the secretary finds that producers and handlers have not assented to the council program pursuant to Section 64321 or, if the council program is resubmitted, Section 64321.5, operation of the provisions of this chapter and of the council shall be suspended beginning on July 1 following the referendum or, in the case of resubmission, referendums.

(b) After the effective date of suspension of the operation of the provisions of this chapter and of the council, the operations of the council shall be wound up, and any real and personal property held in the name of the council shall be liquidated and the proceeds, along with any and all remaining money held by the council, collected by assessment and not required to defray the expenses of winding up and terminating operations of the council, shall be returned upon a pro rata basis to all persons from whom assessments were collected in the immediately preceding three months. However, if the secretary finds that the amounts returnable pursuant to this subdivision are so small as to make impractical the computation and remitting of the pro rata refund to these persons, any moneys remaining after payment of all expenses of winding up and terminating operations shall be withdrawn from the approved depository and paid into the State Treasury as unclaimed trust moneys.

history: (History: Amended by Stats. 2021, Ch. 371, Sec. 24. (AB 425) Effective January 1, 2022.)

article: 12. Referendum


text: A ballot filed with the secretary pursuant to this chapter is confidential and shall not be divulged unless necessary for the proper determination of a court proceeding or hearing before the secretary.

history: (History: Added by Stats. 2019, Ch. 304, Sec. 118. (AB 590) Effective January 1, 2020.)

article: 12. Referendum


text: This chapter shall be known as the “California Beef Council Law.”

history: (History: Enacted by Stats. 1967, Ch. 15.)

chapter: 2. California Beef Council Law

article: 1. Short Title and Definitions

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

article: 1. Short Title and Definitions


text: “Beef” includes veal.

article: 1. Short Title and Definitions


text: “Beef products” includes veal products.

article: 1. Short Title and Definitions


text: “Council” means the California Beef Council.

article: 1. Short Title and Definitions


text: “Person” means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization.

history: (History: Amended by Stats. 1994, Ch. 1010, Sec. 132. Effective January 1, 1995.)

article: 1. Short Title and Definitions


text: “Producer” means any person that is engaged in the business of raising, breeding, feeding, or growing cattle or calves for dairy production or for beef production.

article: 1. Short Title and Definitions


text:
It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the power of this state for the purposes of protecting and furthering the public health and welfare. It is further declared that the cattle industry of this state is affected with a public interest, in that, among other things:

(a) The production, processing, manufacture, and distribution of beef and beef products constitute a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions, and employment and a means of livelihood for many thousands of its population, but also furnishes essential foods that are vital to the public health and welfare.

(b) The stabilization, maintenance, and expansion of the cattle industry of California, and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a great segment of the population of this state, to maintain proper wage scales for those engaged in the cattle industry, and to maintain existing employment.

(c) The essentiality of beef and beef products in a proper human nutrition and to the maintenance of a high level of public health is such as to require that the public be made thoroughly aware thereof, and be protected against misrepresentation and deception, by the dissemination of accurate and scientific information relative to the healthful qualities of beef and beef products, their various classifications and the food values and industrial and medicinal uses thereof, the methods, care and precautions necessary to their proper production, processing, manufacture, and distribution, and the necessary costs and expenses thereof, and the necessity and desirability on the part of the public of using and consuming beef and beef products of the highest standards of quality.

article: 2. General Provisions

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text:
The purposes of this chapter are as follows:

(a) To enable the cattle industry, with the aid of the state, to develop, maintain, and expand the state, nationwide, and foreign markets for beef and beef products produced, processed, manufactured, sold, or distributed in this state, for human consumption, and the use and consumption of these beef and beef products in those markets.

(b) In aid, but not in limitation, of the purpose in subdivision (a), to authorize and enable the director to formulate and effectuate, directly or in cooperation with other agencies and instrumentalities which are specified in this chapter, research relating to the nutritional qualities of beef and beef products and public consumption patterns and trends, and sales stimulation and consumer, or other, educational programs designed to increase the use and consumption of beef and beef products for human consumption.

(c) To provide funds for the administration and enforcement of this chapter by mandatory fees to be collected in the manner which is prescribed in this chapter, unless producers elect to provide those funds through voluntary contributions pursuant to Article 7 (commencing with Section 64671).

history: (History: Amended by Stats. 1986, Ch. 265, Sec. 1. Effective July 11, 1986.)

article: 2. General Provisions


text: This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or invalid, such decision does not affect the remaining portion of this chapter but such unconstitutional or invalid provision is separable from the valid parts of this chapter.

article: 2. General Provisions


text: Any violation of this chapter is a misdemeanor.

history: (History: Amended by Stats. 1986, Ch. 265, Sec. 2. Effective July 11, 1986.)

article: 2. General Provisions


text: The director shall administer and enforce the provisions of this chapter, and may exercise any of the administrative powers which are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, the director may contract to carry out the declared intent and purposes of this chapter.

article: 3. Administration

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text: Upon recommendations by the council the director may establish consistent with this chapter such regulations which cover the administration and enforcement of this chapter as may be necessary to carry out the purposes and attain the objectives of this chapter.

article: 3. Administration


text: Upon the issuance of any regulations that affect this chapter, a copy of the regulations shall be posted on the department’s Internet Web site. A copy of the regulations shall also be published in a newspaper of general circulation published in Sacramento, California, and in any other newspaper that the secretary may prescribe. No regulation shall become effective until five days after the date of the posting and publication. The secretary shall mail a copy of the notice of the issuance of the regulations to every person that is directly affected by the regulations whose name and address may be on file in the office of the secretary and to every person who files in the office of the secretary a written request for the notice.

history: (History: Amended by Stats. 2018, Ch. 223, Sec. 4. (AB 3260) Effective January 1, 2019.)

article: 3. Administration


text: The director may purchase general liability insurance for the council subject to the provisions of this chapter in an amount he or she determines as necessary. The cost of the insurance shall be paid by the council. The insurance policy shall name the director, in his or her official capacity, and the council as insured parties for claims made against the council in its advisory capacity to the director or against the director regarding the activities of the council. The director, after consultation with the Attorney General, may refer claims to the insurance carrier for appropriate action. In the alternative, the director may require that claims be handled in the manner otherwise specified in this chapter.

history: (History: Added by Stats. 1989, Ch. 383, Sec. 4.)

article: 3. Administration


text:
There is in the state government the California Beef Council which consists of 20 members and 20 alternates, all of whom shall be citizens and residents of this state and producers, packers, or processors.

The secretary shall appoint to the council six range cattlemen, six cattle feeders, and six dairymen nominated as producers and two packers or processors as hereinafter provided for, giving due regard to proper geographic distribution. This requirement shall not, however, operate to remove from office any member of the council. Subject to the provisions of this section and of Section 64592, present members of the council shall be eligible for reappointment.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 1. Effective January 1, 2002.)

article: 4. California Beef Council

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text: Notwithstanding other provisions of this article, the director shall, with or without nominations, appoint one member and one alternate member to the council to represent the general public, in addition to the 20 members of the council otherwise provided for. Such persons shall not be affiliated in any way with the production or marketing of beef and shall have all of the rights and privileges, including voting, of any other member or alternate member of the council. The regular term of office of any member or respective alternate member appointed pursuant to this section shall be as close as possible to three full years and shall terminate on December 31 of the year which will provide for more than two but not more than three full years in office.

history: (History: Added by Stats. 1976, Ch. 1007.)

article: 4. California Beef Council


text:
The terms of office of the members and alternates of the council shall be three years, except as provided in this section. The first appointments made under this chapter shall be so made that the terms of six members and their alternates shall expire at the end of one year, six members and their alternates shall expire at the end of two years, and seven members and their alternates shall expire at the end of three years. However, the terms of the first members and alternates appointed from slaughterers pursuant to amendments made to this section during the 1973 portion of the 1973–74 Regular Session of the Legislature shall be for three years.

Any vacancy which occurs during the unexpired term shall be filled by the director for the unexpired term from the eligible nominees. No council member or alternate shall serve more than two consecutive three-year terms. Service as an alternate does not disqualify a person to then serve two such terms as a member, and a member who was appointed for a one- or two-year term may serve two additional three-year terms.

The director may remove any member of the council or alternate for cause and upon such removal there is a vacancy which shall be filled in the manner as provided for the unexpired term.

history: (History: Amended by Stats. 1973, Ch. 418.)

article: 4. California Beef Council


text: With or without recommendations or other nominations from the council or otherwise, during September and October of each year, the secretary may, if deemed appropriate or necessary by him or her, provide notice of, and hold, producer nomination meeting or meetings or may prepare and mail nomination forms to producers, for the purpose of receiving nominations for producer membership on the council. When nomination forms are mailed, the secretary shall utilize existing department lists of producers, packers, or processors. The secretary may also provide notice of, and hold, packer or processor nomination meeting or meetings or otherwise receive nominations for packers or processors, as deemed appropriate by him or her, including, but not necessarily limited to, nominations received by mailing similar nomination forms to the packers or processors on existing department lists. Notwithstanding other provisions of this section, the secretary may, whenever and in any manner deemed necessary and appropriate by him or her, obtain nominations of producers, packers, or processors for membership on the council.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 2. Effective January 1, 2002.)

article: 4. California Beef Council


text: Press releases or other notice of nomination procedures, when conducted by mail, shall indicate that nominations shall be mailed to the director at his office in Sacramento and that the director will consider all nominations received by mail, within the time designated by him. Nominations by mail shall set forth (1) the name and address of each nominee, (2) whether each nominee is being nominated as a member or alternate member, (3) the type of producer (dairy, feeder, or range cattle) of each nominee, or, if a nominee is a slaughterer, that fact, and (4) the signature and address of the nominator.

history: (History: Amended by Stats. 1978, Ch. 46.)

article: 4. California Beef Council


text: A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers.

article: 4. California Beef Council


text: The council shall select annually from its number, to serve at its pleasure, a chairman and vice chairman who, together with five other members selected annually by the council, shall constitute the executive committee of the council. The executive committee shall have and exercise such powers of the council as the council may delegate to it.

article: 4. California Beef Council


text: The council shall have two regular meetings in each year at times and places which are fixed by the council. The times for regular meetings shall be fixed so that there is an interval of at least four calendar months between such meetings. The council may meet in special meetings at any time and place at the call of the chairman or upon the written request of five members of the council. The executive committee shall have two regular meetings each year at times and places which are fixed by it, and may meet in special meetings at any time and place at the call of the chairman or on call of a majority of the members of the executive committee.

article: 4. California Beef Council


text: The members of the council shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 3. Effective January 1, 2002.)

article: 4. California Beef Council


text: No member of the council shall receive compensation.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 4. Effective January 1, 2002.)

article: 4. California Beef Council


text: The director may require any employee or agent of the council to give a fidelity bond, executed by a surety company which is authorized to do business in this state, in favor of the director, in such sum, and containing such terms and conditions, as the director may prescribe. The cost of all such fidelity bonds of employees or agents of the council shall be paid from the funds which are collected pursuant to this chapter.

article: 4. California Beef Council


text: No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities which arise out of the administration and enforcement of this chapter are payable only from funds which are collected pursuant to the provisions of this chapter.

article: 4. California Beef Council


text: An alternate member of the council shall sit as a regular member of the council if the member for whom he is an alternate fails for any reason to attend any meeting of the council. He shall be compensated and reimbursed in the same manner and to the same extent as a regular member when so serving and when so serving has all the powers, duties, liabilities, and immunities of the member in whose place he is serving, except that the alternate to the chairman or vice chairman shall not succeed to the functions of these offices.

article: 4. California Beef Council


text: It is hereby declared, as a matter of legislative determination, that producers, packers, or processors appointed to the council pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such council, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 5. Effective January 1, 2002.)

article: 4. California Beef Council


text:
The duties of the council shall be advisory, except as to those duties which may be delegated to it by the director. The council may, subject to the approval of the director, exercise any of the following powers which may be delegated to the council by the director:

(a) To recommend to the director administrative regulations which relate to the administration and enforcement of this chapter.

(b) To investigate all matters which affect the administration of this chapter, and to report violations of it to the director.

(c) To employ and, at its pleasure, discharge a manager and such clerical help and other employees as it deems necessary, and to prescribe their duties and powers and fix their compensation.

(d) To contract with, or employ, and, at its pleasure, discharge such other persons as it deems necessary, and in the cases of such of them as it shall employ, to outline their powers and duties and fix their compensation.

(e) To establish offices, and incur expenses incidental thereto.

(f) To make such contracts and other agreements as may be proper to promote the sale of beef and beef products on either a local, state, national, or international basis.

(g) To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or created by state or federal law, and engaged in work or activities similar to the work and activities of the council, and recommend to the director the making of contracts and agreements with such organizations or agencies for carrying on joint programs of education, research, publicity, and advertising. In matters of research, however, the council shall cooperate with organizations of recognized professional standing which are adequately equipped with facilities for the research which is contemplated.

(h) To recommend to the director the institution and promotion of scientific research to develop or discover, or both, the health, food, therapeutic, dietetic, industrial, or other uses of beef and its products.

(i) To receive, invest, and disburse funds, pursuant to the provisions of Article 8 (commencing with Section 64691).

Funds may be allocated to agencies not specifically or solely engaged in carrying on research or promotion for beef, if the council and the director are satisfied that such allocations will be beneficial to the California beef industry, and will tend to effectuate the declared purposes of this chapter.

history: (History: Amended by Stats. 1982, Ch. 641, Sec. 5.)

article: 5. Powers and Duties

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text: The council shall keep such books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary. Such books, records, and accounts shall at all times be open to inspection and audit by the director.

article: 5. Powers and Duties


text:
A member, alternate agent, or employee of the council shall not do any of the following:

(a) Appear before any legislative committee of the state or federal government as a representative of the council unless requested to do so by such committee.

(b) Lobby in any manner as a representative of the council.

article: 5. Powers and Duties


text: None of the funds which are collected pursuant to this chapter shall be used for political contributions.

article: 5. Powers and Duties


text: The council shall prepare annually, summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities in which it proposes to engage in the ensuing annual period. Such statements shall be made available to all producers and slaughterers that request them.

article: 5. Powers and Duties


text:
The director shall conduct, or may cause the council to conduct, programs of education, research, or public information, which are designed to accomplish the following purposes, among others:

(a) Increase the consumption of beef and beef products.

(b) Gather, publicize, and disseminate accurate and scientific information which shows the importance of the use and consumption of beef and beef products in relation to the public health, economy, and diet, and proper nutrition of children and adults.

(c) Study means and methods which are employed in producing, processing, manufacturing, marketing, and distributing beef and beef products in order to comply with the sanitary and other regulations which are imposed by municipalities, this state, and the United States.

(d) Gather and disseminate information regarding the high standards which are observed and imposed to ensure pure and wholesome beef and beef products.

(e) Gather and disseminate information regarding the harmful effects on the public health resulting from the breakdown or instability of the cattle industry, the factors and conditions peculiar to the cattle industry which tend to cause an unbalanced production, the price of beef and beef products in relation to the cost of other items of food in a balanced diet.

(f) Gather and disseminate information regarding the nutritional qualities of beef and beef products and public consumption patterns and trends, and the factors which tend to promote increased consumption of beef and beef products, stabilize the industry, and foster a better understanding and more efficient cooperation among producers and slaughterers and the consuming public.

history: (History: Amended by Stats. 1986, Ch. 265, Sec. 3. Effective July 11, 1986.)

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2. California Beef Council Law > 6. Education, Research, or Public Information Programs


text: No program or activity which is conducted or sponsored pursuant to this chapter shall make false or unwarranted claims, or disparage the quality, value, use, or sale of any commodity authorized by law to be marketed in this state, nor shall any such program be conducted with reference to a private brand or trade name which refers to beef or a beef product, except as provided for in Section 64663.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 6. Effective January 1, 2002.)

article: 6. Education, Research, or Public Information Programs


text: The council shall not expend beef council funds for the advertising of brand name beef products, unless the expenditures are approved by a two-thirds vote of the council with the concurrence of the secretary. The council may expend beef council funds to conduct cost-sharing advertising with nonbeef brand name products.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 7. Effective January 1, 2002.)


text: Whenever a petition is presented to the director which has been signed by 2,000, or more, of the total producers in the state, not more than six months prior to its presentation to the director, the director shall conduct a referendum among producers to ascertain whether they favor the carrying on of a voluntary promotion and research program for beef as prescribed in Section 64661. At the time any person starts to circulate such a petition, he shall notify the director of such action. The director shall establish the period of time during which such referendum shall be conducted which shall be not less than 30 days nor more than 90 days.

history: (History: Repealed and added by Stats. 1973, Ch. 418.)

article: 7. Referendum for Voluntary Fee Payment

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text: The director shall count and tabulate the ballots received, and announce the results at the close of the referendum period. If the director finds from the ballots cast that 40 percent or more of all producers, as determined from a list to be established by the director, have voted and that not less than 65 percent of the total producers that produced not less than 51 percent of the volume of the commodity in the state or not less than 51 percent of the total producers that produced not less than 65 percent of the volume of the commodity in the state voting in such referendum favor carrying on a voluntary promotion and research program, the director shall declare the program a voluntary promotion and research program.

article: 7. Referendum for Voluntary Fee Payment


text: If the promotion and research program is declared to be voluntary, Section 64695 shall become operative and funds for the administration and enforcement of this chapter shall be provided by voluntary contributions rather than mandatory fees.

article: 7. Referendum for Voluntary Fee Payment


text: If the director finds that the referendum did not receive the required votes in favor of a voluntary promotion and research program pursuant to Section 64672, he shall declare this result and shall instruct the council to carry on the current program.

article: 7. Referendum for Voluntary Fee Payment


text: If the voluntary promotion and research program does not receive the required favorable vote or if less than the required number of producers have voted, another referendum shall not be petitioned for until after the expiration of a period of two years from the date of the referendum which failed.

article: 7. Referendum for Voluntary Fee Payment


text: No referendum shall be conducted pursuant to this article until after the expiration of a period of two years from the effective date of this article.

history: (History: Added by Stats. 1973, Ch. 418.)

article: 7. Referendum for Voluntary Fee Payment


text:
(a) In order to carry out the programs and administer the activities which are conducted pursuant to this chapter, except as specified in Sections 64691.5 and 64702, a fee of one dollar ($1) per head shall be paid on each sale of cattle and calves as specified in Section 64691.7. The fee shall be charged on all cattle and calves, except the following:

(1) Hides, skins, or reduction animals.

(2) Any cattle that are transported for purposes other than for sale or slaughter and without a change of ownership.

(3) Any cattle custom slaughtered exclusively for the owner, members of the owner’s household, or the owner’s nonpaying guests or employees.

(4) Any calves weighing less than 300 pounds.

(b) The fee shall not be charged or collected more than once from each owner upon the same animal and is nonrefundable.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 8. Effective January 1, 2002.)

article: 8. Financial Provisions

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text:
Each person who is required to pay or collect the fees which are required in Section 64691 shall maintain a complete and accurate record of all transactions subject to fees under this chapter. These records shall contain information required by the director relating to the payment or collection of fees, shall be preserved for a period of two years, and shall be offered and submitted for inspection and audit at any reasonable time upon written demand by the director or his or her duly authorized agent.

All information obtained by the director or his or her duly authorized agent from any inspection or audit of records shall be confidential and shall not be disclosed except when required in a judicial proceeding.

history: (History: Amended by Stats. 1986, Ch. 265, Sec. 5. Effective July 11, 1986.)

article: 8. Financial Provisions


text: A fee greater than one dollar ($1) per head on cattle and calves prescribed by Section 64691 shall not be charged pursuant to that section under a mandatory fee payment program, unless and until the greater fee is approved by the producers in this state, by a referendum to be submitted to the producers by the secretary. The secretary shall find that the producers have approved any greater fee, if he or she finds that 60 percent of the producers voting in the referendum voted in favor of charging the greater fee. Ballots shall be provided to producers from a list provided by the council and approved by the secretary, and to other producers who request a ballot that provide proof of eligibility.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 9. Effective January 1, 2002.)

article: 8. Financial Provisions


text:
The fees required pursuant to Section 64691 shall be due and payable as follows:

(a) The fee for cattle or calves, whether originating in the state or out of state, shall be paid by the seller. The fee shall be charged and collected from the seller or from the seller’s account and paid to the secretary by each operator of any stockyard, livestock auction market, slaughterhouse, or registered feedlot in the state. The fee is due and payable to the secretary on or before the 15th day of the month next succeeding the month in which the cattle and calves are sold. Fees that are not collected in the manner provided in this subdivision shall be collected from the seller by the Bureau of Livestock Identification at the time that brand inspection fees are collected.

(b) The fee for cattle or calves for which the fee would not otherwise be collected pursuant to subdivision (a) and that are also exempt from brand inspection, shall be charged and collected from the seller in a manner determined by the department.

(c) Any fees that are not collected in the manner specified in subdivision (a) or (b) shall be paid to the secretary directly by the seller on or before the 15th day of the month next succeeding the month in which the sale occurs.

(d) A fee shall be paid for each head of cattle or calves slaughtered in the state unless specifically exempted by Section 64691 or 64702. If the fee is not deducted from the seller it shall be paid by the purchaser or slaughterer and is due and payable in the manner provided in this section.

history: (History: Amended by Stats. 2018, Ch. 410, Sec. 1. (SB 965) Effective January 1, 2019.)

article: 8. Financial Provisions


text:
(a) Any person who fails to pay, collect, or remit any fees due within the time specified in this chapter shall be liable for administrative costs incurred by the department in enforcing this chapter, including the costs of any audit performed pursuant to Section 64691.1. In addition, the person shall be liable civilly in an amount not to exceed one hundred dollars ($100) for each head of cattle or calves which is sold. The person shall also be liable for all of the following:

(1) The total amount of fees due.

(2) The cost of the civil suit including attorney’s fees.

(3) Two percent interest per month on the unpaid balance of the fees owed.

(b) At the request of the director, the Attorney General shall file an action in an appropriate court to collect any unpaid fees, civil penalties, and interest, or in the alternative, the department may bring the action when appropriate.

history: (History: Repealed and added by Stats. 1986, Ch. 265, Sec. 11. Effective July 11, 1986.)

article: 8. Financial Provisions


text: At the request of the director, the Attorney General shall petition an appropriate court for the issuance of an injunction, restraining any person in violation of any requirement specified in this chapter or regulations adopted pursuant thereto from continuing the violation. The court may also require the performance of any obligation imposed under this chapter or any regulations adopted pursuant thereto.

history: (History: Added by Stats. 1986, Ch. 265, Sec. 12. Effective July 11, 1986.)

article: 8. Financial Provisions


text: The fees which are collected by the Bureau of Livestock Identification pursuant to this article shall be forwarded to the director at the same time and in the same manner as the inspection fees which are provided for in Article 9 (commencing with Section 21281) of Chapter 6 of Division 10. The director shall reimburse, from any money which is collected pursuant to this section, the Bureau of Livestock Identification and any other bureaus or agencies of the state for any additional expenses which are incurred by them in the administration or enforcement of this chapter.

history: (History: Amended by Stats. 1986, Ch. 265, Sec. 13. Effective July 11, 1986.)

article: 8. Financial Provisions


text:
Any person who is subject to the fee which is required by Section 64691 may obtain a refund of the fee collected from him by submitting to the director a claim for such refund. Such claim shall be submitted in writing within 90 days after the date of the brand inspection or the date of payment of the fee to the director whichever date is later. The claim for refund shall contain such necessary information as the director may require.

This section shall not become operative unless and until the promotion and research program is declared by the director to be voluntary pursuant to the provisions of Article 7 (commencing with Section 64671).

article: 8. Financial Provisions


text:
(a) All money that is collected by the director pursuant to this chapter shall be deposited in any bank, or other depository that is approved by the Director of Finance, allocated to the purposes of this chapter only, and disbursed by the director or the council only for the necessary expenses that are incurred by the council and the director in carrying out the purposes and provisions of this chapter, including expenses generated by the auditing requirement contained in this section. Money that is so collected shall be deposited and disbursed in conformity with appropriate auditing regulations that are prescribed by the director. The expenditure of the money is exempt from the provisions of Sections 925.6 and 16304 of the Government Code.

(b) All expenditures by the council and the director shall be audited at least once every two years by one of the following means:

(1) By contract with a certified public accountant.

(2) By contract with a public accountant holding a valid permit issued by the California Board of Accountancy.

(3) By contract with a public accounting firm.

(4) By agreement with the Department of Finance.

A copy of the audit shall be delivered within 30 days after completion of the audit to the Governor, the director, and the Controller.

history: (History: Amended by Stats. 2000, Ch. 1055, Sec. 21. Effective September 30, 2000.)

article: 8. Financial Provisions


text: Money which is deposited pursuant to Section 64696 may be invested and reinvested by the Treasurer or the council in any of the securities described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, or placed in a depository as provided in Chapter 4 (commencing with Section 16500) of Part 2 of Division 4 of Title 2 of the Government Code, and handled in the same manner as money in the State Treasury. For these purposes, the money may also be combined with funds which are determined by the director to be available for investment pursuant to Section 58939. Any increment which is received from investment, reinvestment, or deposit made by the Treasurer shall be remitted to the council. The Treasurer may deduct from the remittance an amount equal to the reasonable cost incurred in carrying out this section or may bill the council for the costs, and the council shall pay the costs from money which is collected for it pursuant to this chapter.

history: (History: Amended by Stats. 1983, Ch. 417, Sec. 6.)

article: 8. Financial Provisions


text: The director, after consultation with the council, shall prepare an annual budget which sets forth in reasonable detail the proposed expenditures which he deems necessary for the performance by him and by the department of the duties which are imposed upon them by this chapter. He shall also prepare and submit to the council an annual statement, in reasonable detail, of his expenditures pursuant to this chapter.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 8. Financial Provisions


text: The director may receive funds in such amounts as he may deem necessary to defray the initial expenses in making effective this chapter. The director shall reimburse those persons from whom said funds are received in the amounts received from any funds which are received by the director pursuant to Section 64691.

article: 8. Financial Provisions


text: The director may accept contributions to advance the purposes of this chapter. If requested by the donor, such contributions shall be segregated and separately maintained for the use of the council.

article: 8. Financial Provisions


text: Any inspector who is described in Section 20010 may accept voluntary contributions on behalf of the director. Such contributions may be supplementary to collections which are provided in Article 8 (commencing with Section 64691) of this chapter. Such contributions may be in lieu of the fees specified in Article 8 (commencing with Section 64691) if the promotion and research program is declared by the director to be voluntary pursuant to Article 7 (commencing with Section 64671).

history: (History: Amended by Stats. 1973, Ch. 418.)

article: 8. Financial Provisions


text:
The following shall apply to this chapter so long as the federal Beef Promotion and Research Act of 1985 (7 U.S.C. Sec. 2901 et seq.) and any resulting regulations are in effect. If the federal act is terminated by subsequent statute or in the manner specified in the act, this fact shall be certified by the secretary and this section shall be void and have no force and effect.

(a) A fee shall not be collected pursuant to this chapter on the sale of cattle or calves that originated from out of state and for which a federal assessment was paid in the originating state in accordance with the requirements of the federal act. When no federal assessment on the sale was paid in the originating state, the secretary shall ensure that any federal assessment due is paid. This subdivision shall not prevent the collection of fees by the secretary on subsequent sales of the cattle or calves.

(b) No fee shall be collected on the sale of cattle or calves if the sale is exempt from the federal act and regulations adopted pursuant thereto.

(c) (1) No person shall be liable for more than a total of one dollar ($1) per head per sale of cattle or calves under this chapter and the federal act.

(2) This subdivision does not apply to any fee increases approved by the secretary pursuant to Section 64691.5.

history: (History: Amended by Stats. 2001, Ch. 291, Sec. 10. Effective January 1, 2002.)

article: 8. Financial Provisions


text: The provisions of this chapter shall continue to be operative permanently except as provided in this article.

article: 9. Termination

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2. California Beef Council Law > 9. Termination


text:
A referendum among the state’s producers shall be conducted by the director in any of the following cases:

(a) Whenever the director, on his own motion or at the request of the council, determines that it is no longer in the best interest of the state to continue the existence of the council and the programs established and maintained pursuant to this chapter.

(b) Upon the receipt by the director of a petition for such a referendum signed by 3,000 of the state’s producers that signed the petition not more than six months prior to its presentation to the director.

In either such event, the director shall thereupon prepare and mail to each producer as shown in the records of the department, a ballot form and self-addressed envelope.

article: 9. Termination


text:
The ballot form shall be substantially as follows: BALLOT California Beef Council Law Termination of Council and Program

Shall the existence of the California Beef Council and the programs established and maintained under the California Beef Council Law (Chapter 2 (commencing with Section 64501) of Division 22 of the Agricultural Code) be discontinued and terminated?YESNO Signature of Producers

article: 9. Termination


text: If upon the count of the ballots the director finds that 30 percent, or more, of all producers established by the director’s list have voted and that 51 percent, or more, of the total number of producers voting have assented to the discontinuance and termination of the council and the programs which are established and maintained pursuant to this chapter, the director shall make a finding to that effect and declare the existence of the council and the programs which are established and maintained pursuant to this chapter discontinued and terminated at the end of the fiscal year in which the referendum is conducted.

article: 9. Termination


text: If upon a count of the ballots the director finds that less than 51 percent of the total number of producers voting have assented to such discontinuance and termination, he shall make a finding to that effect and the council and programs which are established and maintained pursuant to this chapter shall continue to remain in full force and effect.

article: 9. Termination


text: On the expiration of this chapter pursuant to this article, the council shall remain in existence for the purpose of furnishing the director with a complete record of its outstanding financial obligations, accrued and to accrue. The director shall pay from the money deposited and disbursed as provided in Section 64696 such obligations and any obligations incurred by the director and the department under the terms and provisions of this section. Any money which remains shall be retained by the director to defray the expenses of formulation, issuance, administration or enforcement of any subsequent program for beef promotion. If no such program is undertaken within a period of three years from the date of termination of this chapter, such money shall be withdrawn from the approved depository and paid into the State Treasury, allocated to the Department of Agriculture Fund for use by the director in carrying out the hide and brand provisions of this code, when appropriated by the Legislature.

article: 9. Termination


text:
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 food.

(b) The raising of beef and dairy cattle provides a viable living for many Californians and serves as the economic foundation for many rural communities. Cattle producers strive to be stewards of the resources they manage and the existence of ranching in California serves the public by providing numerous environmental and aesthetic benefits that would otherwise be lost without the use of California’s various range and pasture lands as working landscapes.

(c) Cattle production in California reflects a diverse set of family farmers and ranchers, including women- and minority-owned businesses, that provide a varied line of beef and dairy products through conventional, organic, grass-fed, kosher, halal, and other production methods that fill niche markets desired by willing consumers. Cattle producers vary in size from small to large based on the total number of animals raised and contribute equally to providing wholesome beef and dairy products to willing consumers.

(d) The stabilization, maintenance, and expansion of the cattle industry of California and the expansion of local, state, nationwide, and foreign markets for California beef and other products derived from the California cattle industry are necessary in order to provide willing consumers an adequate supply of high-quality California beef and dairy products.

(e) The council’s form of administration created by this chapter is uniquely situated to provide those engaged principally in the production of cattle, along with beef and other products derived from the California cattle industry, the opportunity to avail themselves of the benefits of collective action in advertising, promotion, food safety, production research, nutrition, marketing research, the collection and dissemination of production and related statistics, and public education.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 127. (AB 991) Effective January 1, 2020. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)

chapter: 2.5. California Cattle Council Law

article: 1. General

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 1. General


text:
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 California cattle production, including nonconventional and organic methods of production. Research may be focused on, but not limited to, improving the efficiency and sustainability of the California cattle industry, the development of management practices and assistance with compliance for rules and regulations that govern the production of cattle in California, the nutritional qualities of California beef and other products derived from the California cattle industry, public consumption patterns and trends, sales stimulation, and the development of consumer or other educational programs designed to increase the use and consumption of California beef and other products derived from the California cattle industry by willing consumers.

(b) To enable the California cattle industry to develop, maintain, and expand the local, state, nationwide, and foreign markets for all types, conventional and nonconventional, of California beef and other products derived from the California cattle industry.

(c) To enhance the California cattle and dairy industries, create a favorable environment for California cattle producers to operate, and improve the competitiveness of California cattle producers in both the national and international marketplace.

(d) To enable the council to present facts to local, state, federal, and foreign agencies on matters that affect the California cattle industry and the production of California beef and dairy cattle, beef, and other products derived from the California cattle industry.

(e) To provide funds for the administration and enforcement of this chapter by mandatory fees to be collected in the manner that is prescribed in this chapter, unless producers elect to receive a refund of those funds pursuant to Section 65075.

history: (History: Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.)

article: 1. General


text: 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 invalid provision or application, and to this end the provisions of this chapter are severable.

article: 1. General


text: 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. Accordingly, the Legislature finds that with respect to persons who are elected or appointed to the council, the particular industry concerned is tantamount to and constitutes the public generally within the meaning of Section 87103 of the Government Code.

article: 1. General


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

article: 2. Definitions

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 2. Definitions


text:
(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) “Council” means the California Cattle Council.

(e) “Department” means the Department of Food and Agriculture.

(f) “Ex officio member” means a nonvoting member of the council.

(g) “Handler” means a person engaged in the marketing of beef that the handler has produced, purchased, or acquired from a producer, or is marketed on behalf of a producer, whether as the owner, agent, employee, broker, or otherwise.

(h) “Member” means any member of the council.

(i) “Other products derived from the California cattle industry” include, but are not limited to, those edible, industrial, and medicinal products produced in whole or in part from beef, dairy, or cattle.

(j) “Processor” means a person who harvests cattle or markets products derived from cattle to willing consumers, including beef, dairy products, or other products derived from the California cattle industry.

(k) “Producer” is a person who owns or acquires ownership of beef or dairy cattle, and who, upon request, provides proof of ownership of cattle or, for purposes of voting pursuant to this chapter, has owned beef or dairy cattle within the same calendar year as the vote occurs. A person is not a producer if the person’s only share in the proceeds of the sale of cattle or beef is a sales commission, handling fee, or other service fee.

(l) “Range cattle producer” means a person who owns and raises cattle primarily on range or pastureland for the purpose of producing beef and other products derived from the California cattle industry.

(m) “Secretary” means the Secretary of Food and Agriculture.

article: 2. Definitions


text: 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 of the public member who shall be a resident of this state. The secretary shall appoint members and alternates to the council to reflect the diversity of California’s cattle industry, including women- and minority-owned businesses, varying beef and dairy products, and cattle producers varying in size from small to large based on the total number of animals raised, as described in subdivision (c) of Section 65001.

article: 3. California Cattle Council

path: 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS > 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS > 2.5. California Cattle Council Law > 3. California Cattle Council


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

article: 3. California Cattle Council


text:
(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 appointment, shall be a resident of a different county from the county in which any other range cattle producer members reside.

(2) Each member appointed as a dairy producer, at the time of initial appointment, shall be a resident of a different county from the county in which any other dairy producer members reside.

(c) The secretary shall use the same formula described in subdivisions (a) and (b) in the appointment of alternates.

article: 3. California Cattle Council


text: 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 not have a vote on issues regarding the assessment established pursuant to Section 65071.

article: 3. California Cattle Council


text:
(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 of one year, three members and the three members’ alternates shall expire at the end of two years, and three members and the three members’ alternates shall expire at the end of three years.

(b) Any vacancy that occurs during the unexpired term shall be filled by the secretary for the unexpired term from eligible nominees. No council member or alternate shall serve more than two consecutive three-year terms. Service as an alternate does not disqualify a person to then serve two terms as a member, and a member who was appointed for a one-year or two-year term may serve two additional three-year terms.

(c) If the secretary removes a member or alternate of the council, the vacancy shall be filled in the manner as provided in subdivision (a) for the duration of the unexpired term.

article: 3. California Cattle Council


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

article: 3. California Cattle Council


text:
(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 have and exercise powers of the council as the council may delegate to it.

article: 3. California Cattle Council


text:
(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 any time and place at the call of the chairperson.

(d) The executive committee shall have two regular meetings each year and may hold additional meetings at any time and place at the call of the chairperson.

article: 3. California Cattle Council


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

article: 3. California Cattle Council


text: 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 when serving and has all the powers, duties, liabilities, and immunities of the member in whose place he or she is serving, except that the alternate to the chairperson or vice chairperson shall not succeed to the functions of these offices or sit as a regular member on the executive committee.

article: 3. California Cattle Council


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

article: 3. California Cattle Council


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

article: 3. California Cattle Council