77781-77801

FOOD AND AGRICULTURAL CODE
SECTION 77781-77801




77781.  The powers and duties of the commission include, but are not
limited to, all of those specified in this article.



77782.  The commission may adopt, and from time to time alter,
rescind, modify, and amend all necessary and proper bylaws, rules,
regulations, and orders in accordance with commission procedures for
purposes of carrying out this chapter, including rules for appeals
from any bylaw, rule, regulation, operating procedure, or order of
the commission.



77783.  The commission may administer and enforce this chapter and
perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary for, the proper or
advisable implementation of the purposes of this chapter. The
commission may, in this connection, enter into contracts for services
with public and private agencies which the commission determines
necessary to carry out this chapter.



77784.  The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers it
deems necessary. The officers have the powers and duties delegated to
them by the commission.


77785.  Notwithstanding any other provision of law, 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 private legal counsel, necessary to carry out
this chapter. The commission may retain a management firm or the
staff from any board, commission, or agency of the state or federal
government to perform the functions prescribed by this section under
the control of the commission. If any person employed by the
commission 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. If 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.



77786.  The commission may fix the compensation for all employees of
the commission.



77787.  The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.


77788.  The commission may establish offices, incur expenses, enter
into contracts and agreements, create liabilities, and borrow funds
in advance of receipt of assessments that may be necessary, in the
opinion of the commission, for the proper administration and
enforcement of this chapter and the performance of its duties.




77789.  The commission shall keep accurate books, records, and
accounts of all its dealings that 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
handlers and copies of the summary shall also be submitted to the
department. In addition, the secretary, as he or she determines
necessary, may conduct or cause to be conducted a fiscal and
compliance audit of the commission.



77790.  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 deems
necessary for carrying out this chapter.




77791.  The commission may conduct, and contract with others to
conduct, marketing research, product research, production research,
and any other research related to the purposes of this chapter,
including the study, analysis, dissemination, and accumulation of
information obtained from research or elsewhere regarding this
chapter. The results of any research conducted by or on behalf of the
commission may be used by the commission in any way it deems
appropriate, and notwithstanding any other provision of law, may be
maintained in confidence by the commission and not disseminated to
any person not subject to this chapter.


77792.  The commission may present facts to, and negotiate with,
state, federal, and foreign agencies on matters that affect the date
industry.


77793.  The commission may promote the sale of dates by advertising
and other promotional means, including cost-sharing advertising, for
the purpose of maintaining and expanding present markets and creating
new and larger intrastate, interstate, and foreign markets for
dates, and to educate and instruct the public with respect to the
uses, healthful properties, and nutritional value of dates.



77794.  The commission may educate and instruct the wholesale and
retail trade with respect to proper methods of handling and selling
dates, and conduct market surveys and analyses.



77795.  The commission may accept contributions of, 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
promoting and maintaining the date industry.




77796.  The commission may publish and distribute, without charge,
bulletins and other communications for the dissemination of
information to handlers.


77797.  The commission shall establish an assessment rate to defray
the operating costs of the commission to carry out the purposes of
this chapter.


77798.  The commission shall adopt an annual budget according to
accepted accounting practices. The secretary shall concur in the
adoption of the budget prior to the disbursement of funds, except for
disbursements necessary to pay the compensation of employees of the
commission.



77799.  The commission shall annually prepare and submit to the
secretary, for his or her concurrence, a statement of contemplated
activities authorized pursuant to this chapter.



77800.  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.


77801.  The commission may administer, if requested by an advisory
board, a board of directors, or any other authorized agent of a
governmental program, any program related to the date industry.