Section 58813 Of Article 7. Findings From California Food And Agricultural Code >> Division 21. >> Part 2. >> Chapter 1. >> Article 7.
58813
. If the marketing order or amendments to it contain
provisions only for the purpose of regulating the flow of the
commodity, or any grade, size, or condition of the commodity, to
market without directly restricting the total quantity which may be
marketed during the marketing season, or if the marketing order or
amendments to it contain provisions only for the establishment of
grade, size, quality, or condition specifications, or for uniform
grading and inspection, or the elimination of unfair trade practices,
or provisions for advertising or sales promotion, or for research,
the director may issue such marketing order or amendments to it if he
makes all of the following findings:
(a) That such marketing order or amendments to it are reasonably
calculated to attain the objectives which are sought in such
marketing order.
(b) That such marketing order or amendments to it are in
conformity with the provisions of this chapter and within the
applicable limitations and restrictions which are set forth in this
chapter and will tend to effectuate the declared purposes and
policies of this chapter.
(c) That the interests of consumers of such commodity are
protected in that the powers of this chapter are being exercised only
to the extent which is necessary to attain such objectives.
In making any findings pursuant to this section, the director
shall base his findings upon the facts, testimony, and evidence which
is received at the public hearing together with any other relevant
facts which are available to him from official publications or
institutions of recognized standing.