LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeFood and Agricultural CodeDiv. 21Pt. 2Ch. 1Art. 10§ 58938 Commodity Marketing Fund Refunds

§ 58938 Commodity Marketing Fund Refunds

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 58938 Commodity Marketing Fund Refunds

Key Takeaways

  • •If there's leftover money from a marketing order at the end of the year, the director can give it back to the people who paid it.
  • •The director can also decide to keep some or all of the leftover money for next year if it's needed for future expenses.
  • •If a marketing order ends and there's money left, it should be given back to the people who paid it, unless the amount is too small to bother with.
  • •If the leftover money is too small to give back, the director can use it for other marketing order work.

Example

Imagine farmers pay money into a fund for advertising their oranges. At the end of the year, there's $1,000 left in the fund.

The director can decide to give the $1,000 back to the farmers who paid into the fund. Or, if they think they'll need it next year for more ads, they can keep it. If the orange marketing order ends and there's $500 left, the director should give it back to the farmers. But if there's only $5 left, it's too small to give back, so the director can use it for another project.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 58938 Commodity Marketing Fund Refunds

The director may, at the close of each fiscal period which is used by the advisory board for budgetary purposes, refund any money which remains in such fund that is allocable to any particular commodity which is affected by a marketing order or, upon recommendation of the advisory board and with the approval of the director, all or a portion of such money may be carried over into the next succeeding fiscal period if the director finds that such money is required to defray subsequent expenses under the marketing order. Any refund made pursuant to this section shall be on a pro rata basis made to persons from whom, or on whose behalf, the assessments being refunded were collected. Upon termination by the director of any marketing order, any remaining balances which are not required by the director to defray the expenses of such marketing order, shall be returned by the director upon a pro rata basis, to all persons from whom, or on whose behalf, such assessments were collected unless the director finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons. If the director makes such a finding, he may use the moneys in such fund to defray the expenses which are incurred by him in the formulation, issuance, administration, or enforcement of any subsequent marketing order. (Amended by Stats. 1971, Ch. 1059.)

Last verified: January 23, 2026

Key Terms

terminationenforcementdirectorportcommodityrecommendationcomputationformulation

Related Statutes

  • § 58921 Marketing Order Assessment Rules
  • § 58926 Producer Handler Assessment Rates
  • § 58927 Marketing Order Assessment Allocation
  • § 58781 Handler Report Confidentiality
  • § 5030 Plant Material Ownership Verification

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 58938.
View Official Source