Sec. 102.156.  FINDINGS.  (a)  Following a hearing, the department may execute a marketing agreement or issue a license only if it finds that:
(1)  the supply of a citrus fruit available for marketing exceeds or is likely to exceed the demand for the fruit at prices that will provide a reasonable return to representative producers of that fruit;
(2)  the return to producers of the citrus fruit will tend to be increased through the operation of the marketing plan;
(3)  the marketing plan may be operated without permitting unreasonable profits to producers of the citrus fruit and without unreasonably enhancing prices of the citrus fruit to consumers;  and
(4)  the marketing plan will tend to advance public welfare and conserve the agricultural wealth of the state by preventing threatened economic or agricultural waste and will tend to prevent chaotic marketing of the citrus fruit.
(b)  The findings of the department, and the administration of any marketing agreement or license, shall be based on relevant considerations, including:
(1)  the quantity of the several grades, varieties, and qualities of the citrus fruit under consideration and available for distribution to consumers in the marketing season during which the program is to be effective;
(2)  the quantity of the several grades, varieties, and qualities of the citrus fruit required by consumers during the marketing season during which the program is to be effective;
(3)  the cost of production of the citrus fruit;
(4)  the general purchasing power of consumers of the citrus fruits;
(5)  the general level of prices of commodities that farmers buy;  and
(6)  the general level of prices of other commodities that compete with or are used as substitutes for the citrus fruit.
Acts 1981, 67th Leg., p. 1268, ch. 388, Sec. 1, eff. Sept. 1, 1981.