77281-77299

FOOD AND AGRICULTURAL CODE
SECTION 77281-77299




77281.  The powers and duties of the commission include, but are not
limited to, all of those contained in this article.



77282.  The commission may adopt and from time to time alter,
rescind, modify, and amend all proper and necessary bylaws, rules,
regulations, operating procedures, and orders for carrying out this
chapter, including rules for appeals from any bylaw, rule,
regulation, operating procedure, or order of the commission.



77283.  The commission may administer and enforce this chapter and
do and perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary for, proper or
advisable effectuation of this chapter.


77284.  The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers as it
deems necessary. The officers shall have the powers and duties
delegated to them by the commission.


77285.  The commission may employ a person to serve at the pleasure
of the commission as president and chief executive officer of the
commission, and other personnel, including legal counsel, necessary
to carry out this chapter. The commission may retain a management
firm or the staff from any board, commission, or committee of the
state or federal government to perform the functions prescribed by
this section under the control of the commission. If the person
engages in any conduct that the secretary determines is not in the
public interest or that is in violation of this chapter, the
secretary shall notify the commission of the conduct and request that
corrective and, if appropriate, disciplinary action be taken by the
commission. In the event that the commission fails or refuses to
correct the situation or to take disciplinary action satisfactory to
the secretary, the secretary may suspend or discharge the person.



77286.  The commission may fix the compensation for all employees of
the commission.



77287.  The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.


77288.  The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
and borrow funds in advance of receipt of assessments as may be
necessary in the opinion of the commission for the proper
administration and enforcement of this chapter and the performance of
its duties.



77289.  The commission shall keep accurate books, records, and
accounts of all of its dealings which shall be subject to an annual
audit by an auditing firm selected by the commission with the
concurrence of the secretary. A summary of the audit shall be
reported to all producers and handlers, a copy of which shall also be
submitted to the department. In addition, the secretary may, as he
or she determines necessary, conduct or cause to be conducted a
fiscal and compliance audit of the commission.



77290.  The commission may present facts to, and negotiate with
state, federal, and foreign agencies on matters which affect this
chapter.


77291.  The commission may make, in its name, contracts to receive
or render services in formulating and conducting plans and programs
and any other contracts or agreements that the commission may deem
necessary for carrying out this chapter.



77292.  The commission may conduct, and contract with others to
conduct, production research, including the study, analysis,
accumulation, and dissemination of information obtained from the
research or elsewhere, regarding this chapter.



77293.  The commission may accept contributions or match private,
state, or federal funds, and employ or make contributions of funds to
other persons or state or federal agencies, for purposes of carrying
out this chapter.


77294.  The commission may publish and distribute, without charge, a
bulletin or other communication for dissemination of information to
producers and handlers.



77295.  The commission shall establish an assessment rate to defray
operating costs of the commission.



77296.  The commission shall establish an annual budget according to
accepted accounting practices. The budget shall be concurred in by
the secretary prior to disbursement of funds, except for
disbursements made pursuant to Section 77286.


77297.  The commission shall submit to the secretary for his or her
concurrence, an annual statement of contemplated activities
authorized pursuant to this chapter.



77298.  The commission and the secretary shall keep confidential and
shall not disclose, except when required in a judicial proceeding,
all lists of producers and handlers in their possession.



77299.  The commission may investigate and prosecute civil
violations of this chapter and file complaints with appropriate law
enforcement agencies or officers for suspected criminal violations of
this chapter.