40571. There is in the department a Shipping Point Advisory
Committee consisting of nine members. The committee shall be
appointed by the director and shall be composed of shippers of fruits
and vegetables using inspection and certification services of the
department. The director may appoint one additional member on the
committee, who shall be a public member. Members of the committee
shall receive no salary.
Upon the director's request, the committee shall submit to the
director the names of three or more natural persons, each of whom
shall be a citizen and resident of this state and not a producer,
shipper, or processor nor financially interested in any producer,
shipper, or processor, for appointment by the director as a public
member of the committee. The director may appoint one of the nominees
as the public member on the committee. If all nominees are
unsatisfactory to the director, the committee shall continue to
submit lists of nominees until the director has made a selection. Any
vacancy in the office of the public member of the committee shall be
filled by appointment by the director from the nominee or nominees
similarly qualified submitted by the committee. The public member of
the committee shall represent the interests of the general public in
all matters coming before the committee and shall have the same
voting and other rights and immunities as other members of the
committee.
40571.1. It is hereby declared, as a matter of legislative
determination, that shippers of fruits and vegetables appointed to
the Shipping Point Advisory Committee pursuant to this article are
intended to represent and further the interest of a particular
agricultural industry concerned, and that such representation and
furtherance is intended to serve the public interest. Accordingly,
the Legislature finds that, with respect to persons who are appointed
to such committee, the particular agricultural industry concerned is
tantamount to, and constitutes, the public generally within the
meaning of Section 87103 of the Government Code.
40572. The term of office of the members of the committee is three
years. Appointment of the first members shall be made so that the
terms of office of three members shall expire at the end of one year
and three at the end of two years and three at the end of three
years. Thereafter appointment shall be for full three-year terms.
Vacancies shall be filled for an unexpired term.
40573. The committee shall be advisory to the director on all
matters pertaining to this chapter and shall make recommendations
concerning the inspection and certification services rendered,
including the annual budget and fees necessary to provide adequate
inspection and certification services.
40574. The director shall appoint an alternate for each committee
member. In making these appointments, the director shall use the same
criteria in selecting alternates as the regular members.
40575. Alternate members shall serve at committee meetings only in
the absence of the member for whom the alternate is designated to
serve in place of.
40576. Each member of the committee, or any alternate member
serving in the absence of a regular member, may, with the approval of
the director, be reimbursed for the actual and necessary expenses
incurred in the performance of his or her official duties. However, a
member or alternate member may not receive any other consideration
for serving on the committee. The reimbursement shall be made at the
rate permitted under the rules of the Department of Personnel
Administration.
40577. (a) In order to operate economically and reduce expenses
that may adversely impact persons subject to this chapter, on or
before May 1 of any year, the committee may request the secretary,
and the secretary may utilize any appropriate entity, to supply the
field staff, office facilities, and supplies necessary to provide
inspection services.
(b) Notwithstanding subdivision (a), the secretary is responsible
for the administration of this chapter, the establishment of
administrative procedures, and the uniformity, accuracy, and
integrity of the inspection.
40577.1. The secretary may establish rules and procedures to guide
the entity described in Section 40577. The procedures may provide for
all of the following:
(a) Employment, training, supervision, and compensation of
inspectors.
(b) Use of existing, and acquisition of additional, equipment and
supplies for field or office use.
(c) Leasing of facilities to support inspection activities.
40577.2. The committee shall not request that the secretary
utilize, and the secretary shall not utilize, an entity a majority of
whose officers and employees are persons utilizing services provided
by the department pursuant to this chapter.
40577.3. The entity shall keep an accurate record of expenses
incurred in performing its responsibilities. Those records shall be
available for audit during regular business hours upon request of the
secretary.
40577.4. The secretary may require an entity to correct or cease
any activity or function that is determined by the secretary not to
be in the public interest, or that is in violation of this chapter,
and shall notify the entity in writing of these specific acts.
40577.5. The secretary shall reimburse the entity for its actual
and necessary expenses upon receipt of an invoice approved by the
secretary.
40571. There is in the department a Shipping Point Advisory
Committee consisting of nine members. The committee shall be
appointed by the director and shall be composed of shippers of fruits
and vegetables using inspection and certification services of the
department. The director may appoint one additional member on the
committee, who shall be a public member. Members of the committee
shall receive no salary.
Upon the director's request, the committee shall submit to the
director the names of three or more natural persons, each of whom
shall be a citizen and resident of this state and not a producer,
shipper, or processor nor financially interested in any producer,
shipper, or processor, for appointment by the director as a public
member of the committee. The director may appoint one of the nominees
as the public member on the committee. If all nominees are
unsatisfactory to the director, the committee shall continue to
submit lists of nominees until the director has made a selection. Any
vacancy in the office of the public member of the committee shall be
filled by appointment by the director from the nominee or nominees
similarly qualified submitted by the committee. The public member of
the committee shall represent the interests of the general public in
all matters coming before the committee and shall have the same
voting and other rights and immunities as other members of the
committee.
40571.1. It is hereby declared, as a matter of legislative
determination, that shippers of fruits and vegetables appointed to
the Shipping Point Advisory Committee pursuant to this article are
intended to represent and further the interest of a particular
agricultural industry concerned, and that such representation and
furtherance is intended to serve the public interest. Accordingly,
the Legislature finds that, with respect to persons who are appointed
to such committee, the particular agricultural industry concerned is
tantamount to, and constitutes, the public generally within the
meaning of Section 87103 of the Government Code.
40572. The term of office of the members of the committee is three
years. Appointment of the first members shall be made so that the
terms of office of three members shall expire at the end of one year
and three at the end of two years and three at the end of three
years. Thereafter appointment shall be for full three-year terms.
Vacancies shall be filled for an unexpired term.
40573. The committee shall be advisory to the director on all
matters pertaining to this chapter and shall make recommendations
concerning the inspection and certification services rendered,
including the annual budget and fees necessary to provide adequate
inspection and certification services.
40574. The director shall appoint an alternate for each committee
member. In making these appointments, the director shall use the same
criteria in selecting alternates as the regular members.
40575. Alternate members shall serve at committee meetings only in
the absence of the member for whom the alternate is designated to
serve in place of.
40576. Each member of the committee, or any alternate member
serving in the absence of a regular member, may, with the approval of
the director, be reimbursed for the actual and necessary expenses
incurred in the performance of his or her official duties. However, a
member or alternate member may not receive any other consideration
for serving on the committee. The reimbursement shall be made at the
rate permitted under the rules of the Department of Personnel
Administration.
40577. (a) In order to operate economically and reduce expenses
that may adversely impact persons subject to this chapter, on or
before May 1 of any year, the committee may request the secretary,
and the secretary may utilize any appropriate entity, to supply the
field staff, office facilities, and supplies necessary to provide
inspection services.
(b) Notwithstanding subdivision (a), the secretary is responsible
for the administration of this chapter, the establishment of
administrative procedures, and the uniformity, accuracy, and
integrity of the inspection.
40577.1. The secretary may establish rules and procedures to guide
the entity described in Section 40577. The procedures may provide for
all of the following:
(a) Employment, training, supervision, and compensation of
inspectors.
(b) Use of existing, and acquisition of additional, equipment and
supplies for field or office use.
(c) Leasing of facilities to support inspection activities.
40577.2. The committee shall not request that the secretary
utilize, and the secretary shall not utilize, an entity a majority of
whose officers and employees are persons utilizing services provided
by the department pursuant to this chapter.
40577.3. The entity shall keep an accurate record of expenses
incurred in performing its responsibilities. Those records shall be
available for audit during regular business hours upon request of the
secretary.
40577.4. The secretary may require an entity to correct or cease
any activity or function that is determined by the secretary not to
be in the public interest, or that is in violation of this chapter,
and shall notify the entity in writing of these specific acts.
40577.5. The secretary shall reimburse the entity for its actual
and necessary expenses upon receipt of an invoice approved by the
secretary.
40571. There is in the department a Shipping Point Advisory
Committee consisting of nine members. The committee shall be
appointed by the director and shall be composed of shippers of fruits
and vegetables using inspection and certification services of the
department. The director may appoint one additional member on the
committee, who shall be a public member. Members of the committee
shall receive no salary.
Upon the director's request, the committee shall submit to the
director the names of three or more natural persons, each of whom
shall be a citizen and resident of this state and not a producer,
shipper, or processor nor financially interested in any producer,
shipper, or processor, for appointment by the director as a public
member of the committee. The director may appoint one of the nominees
as the public member on the committee. If all nominees are
unsatisfactory to the director, the committee shall continue to
submit lists of nominees until the director has made a selection. Any
vacancy in the office of the public member of the committee shall be
filled by appointment by the director from the nominee or nominees
similarly qualified submitted by the committee. The public member of
the committee shall represent the interests of the general public in
all matters coming before the committee and shall have the same
voting and other rights and immunities as other members of the
committee.
40571.1. It is hereby declared, as a matter of legislative
determination, that shippers of fruits and vegetables appointed to
the Shipping Point Advisory Committee pursuant to this article are
intended to represent and further the interest of a particular
agricultural industry concerned, and that such representation and
furtherance is intended to serve the public interest. Accordingly,
the Legislature finds that, with respect to persons who are appointed
to such committee, the particular agricultural industry concerned is
tantamount to, and constitutes, the public generally within the
meaning of Section 87103 of the Government Code.
40572. The term of office of the members of the committee is three
years. Appointment of the first members shall be made so that the
terms of office of three members shall expire at the end of one year
and three at the end of two years and three at the end of three
years. Thereafter appointment shall be for full three-year terms.
Vacancies shall be filled for an unexpired term.
40573. The committee shall be advisory to the director on all
matters pertaining to this chapter and shall make recommendations
concerning the inspection and certification services rendered,
including the annual budget and fees necessary to provide adequate
inspection and certification services.
40574. The director shall appoint an alternate for each committee
member. In making these appointments, the director shall use the same
criteria in selecting alternates as the regular members.
40575. Alternate members shall serve at committee meetings only in
the absence of the member for whom the alternate is designated to
serve in place of.
40576. Each member of the committee, or any alternate member
serving in the absence of a regular member, may, with the approval of
the director, be reimbursed for the actual and necessary expenses
incurred in the performance of his or her official duties. However, a
member or alternate member may not receive any other consideration
for serving on the committee. The reimbursement shall be made at the
rate permitted under the rules of the Department of Personnel
Administration.
40577. (a) In order to operate economically and reduce expenses
that may adversely impact persons subject to this chapter, on or
before May 1 of any year, the committee may request the secretary,
and the secretary may utilize any appropriate entity, to supply the
field staff, office facilities, and supplies necessary to provide
inspection services.
(b) Notwithstanding subdivision (a), the secretary is responsible
for the administration of this chapter, the establishment of
administrative procedures, and the uniformity, accuracy, and
integrity of the inspection.
40577.1. The secretary may establish rules and procedures to guide
the entity described in Section 40577. The procedures may provide for
all of the following:
(a) Employment, training, supervision, and compensation of
inspectors.
(b) Use of existing, and acquisition of additional, equipment and
supplies for field or office use.
(c) Leasing of facilities to support inspection activities.
40577.2. The committee shall not request that the secretary
utilize, and the secretary shall not utilize, an entity a majority of
whose officers and employees are persons utilizing services provided
by the department pursuant to this chapter.
40577.3. The entity shall keep an accurate record of expenses
incurred in performing its responsibilities. Those records shall be
available for audit during regular business hours upon request of the
secretary.
40577.4. The secretary may require an entity to correct or cease
any activity or function that is determined by the secretary not to
be in the public interest, or that is in violation of this chapter,
and shall notify the entity in writing of these specific acts.
40577.5. The secretary shall reimburse the entity for its actual
and necessary expenses upon receipt of an invoice approved by the
secretary.
