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Article 11. Amendments To Marketing Programs of California Food And Agricultural Code >> Division 21. >> Part 2. >> Chapter 2. >> Article 11.
Any amendment to a marketing program which is specified in
Sections 59912 to 59921, inclusive, is a major amendment.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to correlate the marketable
supply of any commodity with reasonable market demands by means of
volume, grade, size, variety, or time regulations.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to fix salable and surplus
percentages.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to establish, maintain, and
operate stabilization, surplus, or diversion--substandard pools.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to create, establish, or
otherwise obtain and operate any facility for the storing, financing,
grading, packing, servicing, processing, preparing for market,
selling, or disposing of the contents of any pools which are
established.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to create and disburse an
equalization fund as provided for in Sections 59813 and 59814.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to broaden distribution and
increase consuming outlets by educational and trade stimulation
efforts.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to provide for the adjustment of
production of any commodity by means of tree or vine pulling.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority for carrying on research which is
related to production, processing, or distribution of any commodity,
that is in addition to research that is directly necessary to the
administration of the marketing program.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to increase an assessment rate or
fee beyond the maximum authorized by the marketing program which is
in effect.
An amendment is a major amendment if it adds to, or deletes
from, a marketing program authority to extend the application of the
provisions of the marketing program to portions or uses of any
commodity which is not subject to such provisions or to extend the
application of such provisions upon the producers of such portions or
uses of any such commodity.
A major amendment shall not be made effective unless a
public hearing has been held upon it in accordance with Article 5
(commencing with Section 59641) of this chapter for the establishment
or institution of a marketing program, and the director makes both
of the following findings:
(a) The amendment is in conformity with the applicable provisions and procedures of Article 5 of this chapter.
(b) The amendment is assented to in writing in the required percentages prescribed in Article 9 (commencing with Section 59851) of this chapter.
(a) The amendment is in conformity with the applicable provisions and procedures of Article 5 of this chapter.
(b) The amendment is assented to in writing in the required percentages prescribed in Article 9 (commencing with Section 59851) of this chapter.
Minor amendments may be made to an effective marketing
program upon the recommendation of not less than 75 percent of the
producer members of the marketing program committee, with the
approval of the director, if the director finds that such amendments
are in conformity with the applicable provisions and procedures of
Article 5 (commencing with Section 59641) of this chapter.
If the director deems it advisable, he may hold a public
hearing upon minor amendments prior to such approval. Any public
hearing held for this purpose shall be held within the boundaries of
the proration zone.
The amendment of any marketing program to provide for a
referendum is a minor amendment.
Any modification of the provisions of any marketing program
in effect for the purpose of clarifying the meaning or application of
the provisions or modifying administrative procedures for carrying
out the provisions is a minor amendment.
If the director makes any amendment to a marketing program
effective, he shall publish a notice of the effective date pursuant
to Section 6061 of the Government Code in the capital of the state
and in such other localities as the director may prescribe, not less
than five days prior to the effective date.
