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Chapter 5. Department Of Food And Agriculture Supervision of California Food And Agricultural Code >> Division 3. >> Part 4. >> Chapter 5.

The department shall prescribe regulations for both of the following:
  (a) The judging of exhibits.
  (b) The maximum amount of premiums which may be offered and paid for all classes, sections, and types of exhibits.
The regulations are exempt from provisions of Section 11380 of the Government Code. They may, however, be filed with the Secretary of State pursuant to Section 11385 of the Government Code.
No fair shall receive any apportionment of funds pursuant to this part unless it complies with the regulations of the department.
The department may at any time examine the books and records of any fair to determine the correctness of any statement or report which is filed with the department.
Every fair within the network of California fairs that conducts a fair for which any apportionment is sought shall file a detailed statement of its operations in the previous fiscal year with the department within 90 days of the end of that fiscal year. The content and form of the statement shall be prescribed by the department.
The department shall review the statements of operation which are filed by the several fairs pursuant to Section 4505. It shall consider such reports, statistics and other information as to the conduct, operation, management of, and other matters which relate to such fairs.
The department shall annually classify fairs which are required to file reports pursuant to Section 4505. The department shall annually request advice and recommendations for modification of the classification from boards of directors of fairs. In making classifications, it shall take into consideration all of the following:
  (a) The type and class of agricultural, including livestock, industrial, and natural resources that are exhibited, and the amount of premiums which are paid in accordance with the approved premium list of the fair.
  (b) Whether the fair is regional in nature, offers a special feature for agriculture, livestock, or industry, or is a sectional fair limiting exhibits to the region in which the fair is held, and such other characteristics and factors as the department deems necessary.
  (c) The ratio of attendance at the fair to the population of the area which is served by it.
  (d) The efficiency of management, including operational procedures, revenue from sources other than the state, quality of exhibits, and community interest in the fair.
  (e) The extent and nature of interim utilization of fair property as promoted by the fair management.
  (f) The need of the fair for money from state sources.
The classifications of fairs established pursuant to Section 4507 may be considered in determining the basis of compensation to fair managers of fairs that are classified under those provisions. The department shall annually perform all of the following:
  (a) Review and maintain a separate and accurate job description for each fair manager.
  (b) Solicit information from fair board of directors that will accurately describe the fair managers performance and responsibilities in regard to merit salary increases for its fair manager.
  (c) Annually report its findings to fair directors and fair managers.
The director shall submit the findings made under Section 4507 and the information he receives pursuant to Section 4508 to the Fair Budget Review Board, established pursuant to Section 19627.7 of the Business and Professions Code, for its review and recommendations. The Fair Budget Review Board shall report its recommendations to the director not later than 45 days after it receives such findings and information.
The department shall prepare a manual setting forth the powers, duties, and responsibilities of directors of county and citrus fruit fairs, and a separate manual setting forth the powers, duties, and responsibilities of directors of district and combined county and district fairs. The department shall also:
  (a) Revise the manuals annually.
  (b) Provide copies of the manuals to each director and manager of every county, district, combined county and district, and citrus fruit fair.
(a) All county fairs and citrus fruit fairs shall, prior to entering into a carnival contract, do both of the following:
  (1) Notify all persons on the department's list of qualified carnival contractors of the contract opportunity at least 180 days prior to entering into the contract.
  (2) Provide all applicants for the carnival contract a hearing before the board or governing authority on their proposal.
  (b) If a county fair or citrus fruit fair enters into a carnival contract with a person other than the highest bidder, it shall submit a justification for that action to the department.
  (c) No county fair or citrus fruit fair shall enter into a carnival contract for a term which exceeds three years without the approval of the department.
For the purposes of this chapter, "carnival" is defined as a company of transportable amusement rides, food and beverage units, and games that may have one or more owners and travels from place to place, in a group or separately, providing entertainment and recreation to the public.
For the purposes of this chapter, "carnival workers" are defined as employees of a carnival.
If carnival incident or accident records are required as conditions to contracts between carnival contractors and district agricultural associations, county fairs, or citrus fruit fairs, the department shall maintain and review carnival contractor's accident reports submitted by the Division of Occupational Safety and Health in the Department of Industrial Relations to the department and disseminate information regarding these reports to district agricultural associations, county fairs, and citrus fruit fairs.
(a) The department shall assist each fair in the development of a long-term maintenance schedule, subject to annual review by the department. The review is for the purpose of ensuring that the schedule is established so individual project costs, project descriptions, and projected completion dates are readily available for public agency review.
  (b) The department shall develop an appeal process which allows individual fairs to request funding for projects and to present information concerning needed projects at their fairgrounds.
(a) The department may expend funds for promotional and public relations purposes for the California Exposition and State Fair.
  (b) The California Exposition and State Fair may expend funds for promotional and public relations purposes of the fair.