3-527.02. Powers and duties of the council

A. The council shall:

1. Annually elect a chairman and vice chairman from among its members.

2. Meet at least once each calendar quarter and at such additional times as called by the chairman or if requested by four or more members of the council.

3. Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.

B. The council shall advise the director and the associate director of the citrus, fruit and vegetable division on all matters pertaining to articles 2, 4 and 4.1 of this chapter, including the following:

1. Review all statutes and rules relating to articles 2, 4 and 4.1 of this chapter.

2. Make recommendations concerning inspection services, inspection procedures and training concerning articles 2, 4 and 4.1 of this chapter.

3. Make recommendations concerning amendments to existing statutes relating to articles 2, 4 and 4.1 of this chapter.

4. Review all proposed changes in statutes relating to articles 2, 4 and 4.1 of this chapter that the department recommends to the legislature.

5. Make recommendations concerning additions, modifications or repeals of rules relating to articles 2, 4 and 4.1 of this chapter.

6. Review all additions, modifications or repeals of rules relating to articles 2, 4 and 4.1 of this chapter that are proposed to be adopted by the director.

7. Make recommendations concerning the annual budget and fees that are necessary to provide procedures and services relating to articles 2, 4 and 4.1 of this chapter.

8. Review procedures and make recommendations regarding enforcement actions under article 2, 4 or 4.1 of this chapter.

9. Review and make recommendations relating specifically to the following matters under article 4.1 of this chapter:

(a) Produce safety policies that are proposed or adopted by statute, rule, guidance document or order or as applied in practice.

(b) The implementation and operation of the produce safety program under article 4.1 of this chapter, including the adequacy and sources of funding for those purposes.

(c) The progress and success of education, training and outreach efforts pursuant to section 3-525.01, subsection C, paragraphs 1 and 2.

(d) The perception, evidence and consequences of overregulation of farms under the requirements of article 4.1 of this chapter.

10. Recommend any other items that the council deems to be appropriate for furthering the purposes of article 2, 4 or 4.1 of this chapter.

C. If the council makes any recommendations pursuant to subsection B of this section, the director or the associate director of the citrus, fruit and vegetable division, as appropriate, shall accept the recommendations if they are found to be practicable and in the interests of the citrus, fruit and vegetable industry. If the director or associate director does not accept all or any part of the council's recommendations, the director or associate director shall provide a written statement of reasons to the council within fifteen days.

D. Recommendations made pursuant to subsection B, paragraph 2 or 8 of this section shall not include actions relating to individual inspection personnel or individual enforcement actions.