Article 5 - Powers and Duties

California Food and Agricultural Code — §§ 64151-64158

Sections (6)

Amended by Stats. 2019, Ch. 304, Sec. 86. (AB 590) Effective January 1, 2020.

The duties of the council are advisory, except for those duties that may be delegated to it by the secretary. The council may, subject to the approval of the secretary, exercise any of the following powers:

(a)To recommend to the secretary administrative regulations that relate to the administration and enforcement of this chapter.

(b)To investigate all matters that affect the administration of this chapter, and to report violations of it to the secretary.

(c)To employ and, at its pleasure, discharge a manager and any clerical help and other employees

that it deems necessary, and to prescribe their powers and duties and fix their compensation.

(d)To contract with, or employ, and, at its pleasure, discharge any consultants and agencies that it deems necessary, and to outline their powers and duties and fix their compensation.

(e)To establish offices and incur expenses incidental to those offices.

(f)To recommend to the secretary the making of contracts and other agreements that may be necessary to conduct nutrition research, communication, and education activities of the council.

(g)To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or created by

state or national law, that is engaged in work or activities similar to the work and activities of the council, and recommend to the secretary the making of contracts and agreements with these organizations or agencies for carrying on joint campaigns of research, education, and advertising. In matters of research, the council shall, however, cooperate with organizations of recognized professional standing that are adequately equipped with facilities for the research that is contemplated.

(h)To recommend to the secretary the institution and promotion of scientific research to develop or discover, or both to develop and discover, the health, food, therapeutic, dietetic, and industrial uses of milk and its products and derivatives.

(i)To cooperate with other public and private agencies

that are engaged in similar work or activities in order to avoid or minimize any overlapping or duplication of work or conflict.

(j)To receive, invest, and disburse funds, pursuant to Article 11 (commencing with Section 64300).

§ 64153

Amended by Stats. 2019, Ch. 304, Sec. 87. (AB 590) Effective January 1, 2020.

Annually, before July 1 of each year, the council shall formulate and transmit to the secretary statements of its recommended activities and proposed budget for the coming fiscal year. The statements shall:

(a)Be based on and made after an investigation by the council of the necessities of the dairy industry and the extent of the public interest, necessity, and convenience to be served by those recommended activities.

(b)Describe the council’s recommended programs of research, education, and communication.

(c)Set forth in a proposed budget the

amounts that are deemed necessary to be allocated by the secretary both to effectuate these programs and to perform the secretary’s administrative duties pursuant to this chapter. The proposed budget shall include reasonable amounts for contingencies.

(d)Be in a form, and contain detail, that the secretary, in the reasonable exercise of the secretary’s judgment, deems necessary to adequately show whether or not the activities are warranted by the facts contained in the statements and are authorized by this chapter.

§ 64154

Amended by Stats. 2019, Ch. 304, Sec. 88. (AB 590) Effective January 1, 2020.

(a)If the activities and budgeted amounts that are recommended by the council and described in the statements provided for in Section 64153 are warranted by the facts contained in the statements and are authorized by this chapter, the secretary shall approve the activities for the council programs, in writing, within 20 days after each of the statements has been submitted to the secretary. The secretary shall also approve, in writing, the budget provided for in subdivision (c) of Section 64153 within 20 days after the budget has been submitted. If the secretary refuses or fails to give any approvals pursuant to this section within the required periods, the secretary shall notify the council promptly of

the secretary’s refusal or failure to approve the activities or budget and give the secretary’s reasons, specifically, for the refusal or failure.

(b)Expenditures for political contributions or for lobbying are not authorized.

§ 64155

Amended by Stats. 2019, Ch. 304, Sec. 89. (AB 590) Effective January 1, 2020.

The council shall keep accurate books, records, and accounts of all of its transactions, dealings, contracts, agreements, funds, and expenditure. These books, records, and accounts shall at all times be open to inspection and audit by the department.

§ 64157

Amended by Stats. 2019, Ch. 304, Sec. 90. (AB 590) Effective January 1, 2020.

The council shall request the secretary to submit to it an annual budget that sets forth in reasonable detail the proposed expenditures that the secretary deems necessary for the performance by the secretary and by the department of the duties that are imposed upon them by this chapter. The council shall also request the secretary to submit to it an annual statement, in reasonable detail, of the secretary’s expenditures pursuant to this chapter.

§ 64158

Amended by Stats. 2019, Ch. 304, Sec. 91. (AB 590) Effective January 1, 2020.

The council shall, annually, report to the members of the dairy industry on its activities and programs, including, but not limited to, its income and expenses, fund balance, and a report of progress in achieving program goals, as prescribed by the secretary.