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FAC Sec 78500-78504 Powers and Duties (California Seafood Council)

SECTION 78500-78504

78500. The duties of the council shall be advisory, except as to
those duties that may be delegated to it by the secretary or as
otherwise designated in this chapter. The council may, subject to
the approval of the secretary, exercise any of the following powers
that may be delegated to the council by the secretary:
(a) To recommend to the secretary 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 this chapter to the
(c) To employ and, at its pleasure, discharge, a manager and any
other employees it deems necessary, and to prescribe their duties and
powers and fix their compensation.
(d) To contract for the services of any person.
(e) To establish offices and incur expenses incidental thereto.
(f) To make contracts and other agreements to research, develop,
market, and promote the sale of seafood and seafood products from
fisheries, as defined in Section 78407, and landed in California, on
either a local, state, national, or international basis.
(g) (1) To cooperate with any other local, state, or national
commission, organization, or agency, whether voluntary or created by
state or federal law, which is engaged in work or activities similar
to the work and activities of the council, and to recommend to the
secretary the making of contracts and agreements with those
organizations or agencies for carrying on joint programs of
education, communication, research, publicity, and advertising.
(2) To recommend to the secretary the making of contracts and
agreements with other councils, commodity commissions, or producer
organizations for joint programs of publicity and advertising where
those products are compatible with the promotion of seafood and
seafood products from fisheries, as defined in Section 78407, and
landed in California.
(3) In matters of research, to cooperate with organizations of
recognized professional standing that are adequately equipped with
facilities for the research that is contemplated.
(h) To recommend or contract for scientific research to effectuate
the declared purposes of this chapter.
(i) To recommend or contract for the development of voluntary
product quality standards.
(j) To promote accurate labeling of California seafood as a means
to educate consumers and the public about the benefits of California
(k) To receive, invest, and disburse funds pursuant to Article 7
(commencing with Section 78550).
(l) To allocate funds to agencies not specifically or solely
engaged in carrying on research or promotion for seafood, if the
council and the secretary are satisfied that those allocations will
be beneficial to the California commercial fisheries and will tend to
effectuate the declared purposes of this chapter.
(m) To establish and regulate the permissive use of an official
brand, service mark, trade name, label, or other distinctive
designation of grade, quality, condition, or other promotional or
educational description. Permissive use of any such official
designation shall be limited to producers, handlers, or other persons
designated by the council who are in compliance with all regulations
or rules established by the council for use of the designation. Any
designation established pursuant to this section shall not be
construed as a private brand or trade name.

78501. The council shall keep books, records, and accounts of all
of its transactions, dealings, contracts, agreements, funds, and
expenditures that it deems necessary. The books, records, and
accounts shall at all times be open to inspection and audit by the

78502. A member, alternate, agent, or employee of the council shall
not do any of the following:
(a) Appear before any legislative committee of the state or
federal government as a representative of the council unless
requested to do so by that committee.
(b) Lobby in any manner as a representative of the council.

78503. Funds which are collected pursuant to this chapter shall not
be used for political contributions.

78504. The council shall prepare, annually, summarized statements
of the activities in which it has been engaged in the previous annual
period, and of the activities in which it proposes to engage in the
ensuing annual period. The statements shall be made available to all
marketing associations, organizations of fishermen and receivers,
processors, wholesalers, and exporters, and individuals that request
them in writing.