California Food and Agricultural Code General Provisions and Definitions

  • Section 1.
    This act shall be known as the Food and Agricultural Code. (Amended By Stats. 1972, Ch. 225.)
  • Section 3.
    It is hereby declared, as a matter of legislative determination, that the provisions of this code are enacted in the exercise of the power of...
  • Section 4.
    The provisions of this code, insofar as they are substantially the same as existing law, are restatements and continuations of existing law, and not new...
  • Section 5.
    All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which...
  • Section 6.
    No action or proceeding which is commenced before this code takes effect, and no right which is accrued, is affected by any provision of this...
  • Section 7.
    (a) Any person in whom the enforcement of any provision of this code is vested shall have the authority, as a public officer, to arrest,...
  • Section 8.
    The district attorney of any county in which a violation of any provision of this code occurs shall, upon request of any enforcing officer or...
  • Section 9.
    Unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor.(Enacted by Stats. 1967, Ch. 15.)
  • Section 10.
    Whenever any notice, report, statement, or record is required by this code, it shall be in writing unless it is expressly provided that it may...
  • Section 10.5.
    It is unlawful for any person to alter any record or document in the office of a commissioner required to be filed pursuant to any...
  • Section 11.
    Whenever any notice, report, statement, or record is required by this code to be kept or made in writing, it shall be in the English...
  • Section 12.
    Unless otherwise specifically provided, whenever any document is required or permitted by this code to be recorded, it shall be recorded in the office of...
  • Section 13.
    Whenever any power or authority is given by this code to any person, it may be exercised by any deputy, inspector, or agent who is...
  • Section 14.
    Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such regulations shall be...
  • Section 15.
    Whenever reference is made to any portion of this code or of any other law of this state, the reference applies to all amendments and...
  • Section 16.
    Division, part, chapter, and article headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.(Enacted by Stats....
  • Section 17.
    If any provision of this code or its application to any person or circumstance is held invalid, the remainder of the code or the application...
  • Section 18.
    In all matters which arise under this code, proof of the fact of possession by any person engaged in the sale of a commodity establishes...
  • Section 19.
    Unless the context otherwise requires, the present tense includes the past and future tenses, and the future, the present tense.(Enacted by Stats. 1967, Ch. 15.)
  • Section 20.
    Unless the context otherwise requires, the masculine gender includes the feminine and neuter.(Enacted by Stats. 1967, Ch. 15.)
  • Section 21.
    Unless the context otherwise requires, the singular number includes the plural, and the plural the singular.(Enacted by Stats. 1967, Ch. 15.)
  • Section 22.
    Inasmuch as the planned production of trees is distinguishable from the production of other products of the soil only in relation to the time elapsing...
  • Section 23.
    (a) Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants, floricultural crops, and other horticultural crops is distinguishable from the production of...
  • Section 23.5.
    The commercial production of aquatic plants and animals propagated and raised by a registered aquaculturist pursuant to Section 15101 of the Fish and Game Code...
  • Section 23.6.
    The Legislature hereby finds and declares that greenhouse production of floricultural, ornamental, or other nursery and agricultural products in the state is a growing industry...
  • Section 23.7.
    The Legislature hereby finds and declares that vermiculture in the state is a growing industry and that use of vermiculture and vermiculture by-products for the...
  • Section 24.
    It is hereby declared, as a matter of legislative determination, that the provisions of this section are enacted in the exercise of the power of...
  • Section 24.5.
    Inasmuch as plants growing in native stands or planted for ornamental purposes contribute to the environmental and public health and welfare needs of the people...
  • Section 25.
    Unless the context otherwise requires, the definitions in the following sections govern the construction of this code.(Enacted by Stats. 1967, Ch. 15.)
  • Section 25.5.
    Aquaculture means that form of agriculture devoted to the propagation, cultivation, maintenance, harvesting, processing, distribution, and marketing of aquatic plants and animals in marine, brackish,...
  • Section 26.
    Commissioner means any county agricultural commissioner.(Enacted by Stats. 1967, Ch. 15.)
  • Section 29.
    County includes city and county.(Enacted by Stats. 1967, Ch. 15.)
  • Section 32.
    Department means the Department of Food and Agriculture.(Amended by Stats. 1972, Ch. 225. Note: See this section as modified on July 17, 1991, in Governor's...
  • Section 33.
    Greenhouse means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including...
  • Section 35.
    Secretary means the Secretary of Food and Agriculture.(Amended by Stats. 1993, Ch. 42, Sec. 1. Effective January 1, 1994.)
  • Section 38.
    Person means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not.(Amended by Stats. 1994, Ch. 1010,...
  • Section 39.
    Qualified representative of the commissioner means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the director as provided in...
  • Section 41.
    Section means a section of this code, unless some other statute is specifically mentioned.(Enacted by Stats. 1967, Ch. 15.)
  • Section 44.
    Sell includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.(Enacted by Stats. 1967, Ch. 15.)
  • Section 47.
    Shall is mandatory, and may is permissive.(Enacted by Stats. 1967, Ch. 15.)
  • Section 49.
    Subdivision means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.(Enacted by Stats. 1967, Ch. 15.)
  • Section 50.
    Whenever the term department or Department of Agriculture appears in any law, it means the Department of Food and Agriculture. Whenever the term director, secretary,...
  • Section 51.
    (a) If, in connection with the use of roads, highways, and freeways, the assistance, control, or protection by Highway Patrol officers is desired, applications by...

Last modified: September 9, 2016