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- California Food and Agricultural Code Section 1
This act shall be known as the "Food and Agricultural Code."
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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,...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code Section 9
Unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor.
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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.
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code Section 19
Unless the context otherwise requires, the present tense includes the past and future tenses, and the future, the present tense.
- California Food and Agricultural Code Section 20
Unless the context otherwise requires, the masculine gender includes the feminine and neuter.
- California Food and Agricultural Code Section 21
Unless the context otherwise requires, the singular number includes the plural, and the plural the singular.
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code Section 25
Unless the context otherwise requires, the definitions in the following sections govern the construction of this code.
- California Food and Agricultural Code 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,...
- California Food and Agricultural Code Section 26
"Commissioner" means any county agricultural commissioner.
- California Food and Agricultural Code Section 29
"County" includes city and county.
- California Food and Agricultural Code Section 32
"Department" means the Department of Food and Agriculture.
- California Food and Agricultural Code 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...
- California Food and Agricultural Code Section 35
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 38
"Person" means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not.
- California Food and Agricultural Code 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...
- California Food and Agricultural Code Section 41
"Section" means a section of this code, unless some other statute is specifically mentioned.
- California Food and Agricultural Code Section 44
"Sell" includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.
- California Food and Agricultural Code Section 47
"Shall" is mandatory, and "may" is permissive.
- California Food and Agricultural Code Section 49
"Subdivision" means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.
- California Food and Agricultural Code 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,"...
- California Food and Agricultural Code 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...
- California Food and Agricultural Code Section 101
There is in the state government the Department of Food and Agriculture.
- California Food and Agricultural Code Section 102
The department is under the control of a civil executive officer known as the Secretary of Food and Agriculture who shall receive the salary provided...
- California Food and Agricultural Code Section 103
Except as is otherwise provided in this chapter, Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the...
- California Food and Agricultural Code Section 104
The secretary may appoint and in accordance with law fix the salaries of such assistants, deputies, agents, experts, and other employees as are necessary for...
- California Food and Agricultural Code Section 105
The chief of the division of the department who has jurisdiction over livestock and poultry disease control, meat inspection and dairy inspection and control shall...
- California Food and Agricultural Code Section 201
The department may expend in accordance with law all money which is made available for its use.
- California Food and Agricultural Code Section 221
The "Department of Food and Agriculture Fund," which is a special fund, is continued in existence. Any money that is directed by law to be...
- California Food and Agricultural Code Section 221.1
Notwithstanding Section 221, the department shall establish all permanent positions with the Controller's office, pursuant to standard state administrative practices.
- California Food and Agricultural Code Section 222
The director shall keep a separate record of the classes and sources of income which are credited to, and disbursed from, the Department of Food...
- California Food and Agricultural Code Section 223
A sum not to exceed twenty-five thousand dollars ($25,000) may, upon approval of the Department of Finance, be withdrawn from the Department of Food and...
- California Food and Agricultural Code Section 224
Moneys transferred by the Controller to the Department of Food and Agriculture Fund from the Motor Vehicle Fuel Account pursuant to Section 8352.5 of the...
- California Food and Agricultural Code Section 224.5
(a) In order to be eligible for the transfer specified in subdivision (g) of Section 224, counties must meet all of the following criteria, as...
- California Food and Agricultural Code Section 225
Notwithstanding any other provision of law, on all funds transferred from the Department of Food and Agriculture Fund and the Acala Cotton Fund for any...
- California Food and Agricultural Code Section 226
(a) Notwithstanding Section 11044 of the Government Code, the sum of one hundred thousand dollars ($100,000) is hereby continuously appropriated from the Department of Food...
- California Food and Agricultural Code Section 227
(a) Notwithstanding any other provision of law, in order to avoid unnecessary charges and to provide for efficient program implementation, the fees and assessments required...
- California Food and Agricultural Code Section 230
As used in this article: (a) "Advisory body" means the advisory body for each individual agriculture program. (b) "Agriculture programs" means the programs specified in...
- California Food and Agricultural Code Section 231
The Legislature finds and declares that the maintenance of agriculture funded programs described in subdivision (b) of Section 230 is necessary to ensure the consuming...
- California Food and Agricultural Code Section 232
The Agriculture Trust Fund is hereby created. The trust fund is not a fund of the State Treasury. Transfers to the trust fund may be...
- California Food and Agricultural Code Section 233
(a) The trust fund consists of moneys transferred by the director from the Department of Food and Agriculture Fund, including all income therefrom. The amount...
- California Food and Agricultural Code Section 234
The trust fund is created for the exclusive purpose of implementing and continuing the agricultural programs for which the funds were collected.
- California Food and Agricultural Code Section 235
Each agricultural program specified in subdivision (b) of Section 230 with funds contained in the Department of Food and Agriculture Fund shall participate in the...
- California Food and Agricultural Code Section 236
The beneficiaries of the trust are the agricultural programs with money contained in the trust fund.
- California Food and Agricultural Code Section 237
The trust fund shall continue in existence for as long as any of the agricultural programs specified in subdivision (b) of Section 230 continues to...
- California Food and Agricultural Code Section 238
It is hereby declared, as a matter of legislative determination, that the advisory body for each of the identified agricultural programs is intended to represent...
- California Food and Agricultural Code Section 238.5
The chairperson of each advisory body shall advise the director on the administration of the trust fund, including, but not limited to, the amount of...
- California Food and Agricultural Code Section 239
All trust fund activities shall be subject to an audit at least once every two years by an auditing firm selected by the director in...
- California Food and Agricultural Code Section 239.5
Any money that is deposited pursuant to Section 232, which the director determines is available for investment, may be invested or reinvested in any of...
- California Food and Agricultural Code Section 240
The moneys in the trust fund shall be disbursed only to pay for costs arising from unanticipated occurrences associated with administering self-funded programs. These costs...
- California Food and Agricultural Code Section 240.5
This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstance is held invalid, the...
- California Food and Agricultural Code Section 241
The director may charge any bureau, division, board, or other agency of the department which is supported otherwise than by the appropriations from the General...
- California Food and Agricultural Code Section 242
Apportionment of the expenses shall be made and determined by the director, subject to the approval of the Director of Finance. The proportionate or computed...
- California Food and Agricultural Code Section 243
Any money which is charged and received by the department pursuant to this article shall be remitted to the State Treasury for credit to the...
- California Food and Agricultural Code Section 261
Unless otherwise specifically provided in this code, any license or registration which is issued pursuant to this code expires whenever the bond which is required...
- California Food and Agricultural Code Section 262
Notwithstanding any provision of law, a license, registration, certificate, permit, exception, or other indicia of authority issued by the department under any provision of this...
- California Food and Agricultural Code Section 263
Notwithstanding any provision of law, the department may deny an application for, or may condition, suspend, or revoke, any license, registration, certificate, permit, exception, or...
- California Food and Agricultural Code Section 281
The director may direct suit in the name of the people of the state, as plaintiff, to be brought for the recovery of any license...
- California Food and Agricultural Code Section 282
In cases where the director may perform sampling, grading, testing, inspection, or certification services in relation to any agricultural product, or identification services in relation...
- California Food and Agricultural Code Section 283
In lieu of collecting fees in advance pursuant to Section 282, the director may, if he deems it necessary, accept a bond which guarantees payment...
- California Food and Agricultural Code Section 284
If the director finds that any amount not in excess of five dollars ($5) which is due pursuant to this code is so small as...
- California Food and Agricultural Code Section 301
As used in this article, "fee" includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee,...
- California Food and Agricultural Code Section 302
Notwithstanding any other provision of law, the director may authorize the refund of any money which is received or collected by the department in the...
- California Food and Agricultural Code Section 303
A refund may be made in whole or in part in any of the following instances: (a) The purpose for a fee cannot lawfully be...
- California Food and Agricultural Code Section 304
The fiscal officer of the department shall make payment of any refund pursuant to this article if the director prepares a voucher which sets forth...
- California Food and Agricultural Code Section 305
If any money which is to be refunded has been deposited in the State Treasury, the State Controller, upon receipt of a claim which is...
- California Food and Agricultural Code Section 306
If the director finds that the amount of any refund is less than ten dollars ($10) or an amount established pursuant to Section 16302.1 of...
- California Food and Agricultural Code Section 401
The department shall promote and protect the agricultural industry of the state.
- California Food and Agricultural Code Section 401.5
The department shall also seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that...
- California Food and Agricultural Code Section 402
The department shall prevent fraud and deception in any of the following: (a) Packing or labeling, or in any phase of the marketing, of any...
- California Food and Agricultural Code Section 403
The department shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds.
- California Food and Agricultural Code Section 404
The department shall execute the provisions of this code, except as otherwise provided, and of other laws administered by it.
- California Food and Agricultural Code Section 405
(a) With the prior approval of the Department of Fish and Game and the State Department of Health Services, the department may reproduce or distribute...
- California Food and Agricultural Code Section 406
The department shall require reports from commissioners.
- California Food and Agricultural Code Section 407
The director may adopt such regulations as are reasonably necessary to carry out the provisions of this code which he is directed or authorized to...
- California Food and Agricultural Code Section 408
The director may enter upon any premises to inspect the premises or any plant, appliance, or thing which is on such premises.
- California Food and Agricultural Code Section 409
Notwithstanding any other provision of law, the department by rule or regulation may provide for the issuance and renewal on a two-year basis of licenses,...
- California Food and Agricultural Code Section 410
It is the intent of the Legislature that the Department of Food and Agriculture, in cooperation with appropriate county officials and industry representatives, develop mutually...
- California Food and Agricultural Code Section 411
(a) The Department of Food and Agriculture shall supply the Department of Water Resources with a forecast that estimates the amount of production of food,...
- California Food and Agricultural Code Section 431
The department shall collect and preserve books, pamphlets, periodicals, and other documents which contain information that relates to agriculture.
- California Food and Agricultural Code Section 432
The department shall collect and prepare statistics, charts, films, photographs, and other illustrative or exhibit material and information which shows the actual condition and progress...
- California Food and Agricultural Code Section 433
The department shall correspond with agricultural societies, colleges, schools, the commissioners, and with all other persons who are necessary to secure the best results to...
- California Food and Agricultural Code Section 434
The department shall issue and cause to be printed and distributed to the commissioners, and to such other persons as it may deem proper, bulletins,...
- California Food and Agricultural Code Section 435
The director may establish an identification record service for parent root and top stock of fruit and nut trees. He shall establish a reasonable schedule...
- California Food and Agricultural Code Section 436
Any money which is received by the department pursuant to Section 435 shall be paid into the State Treasury and be credited to the Department...
- California Food and Agricultural Code Section 461
The department may conduct surveys or investigations of any nursery, orchard, vineyard, agricultural commodity, agricultural appliance, farm, or other premises within the state liable to...
- California Food and Agricultural Code Section 462
The director may enter into an agreement with one or more organizations representing growers, shippers, manufacturers of agricultural commodities, nonprofit trade associations whose members market...
- California Food and Agricultural Code Section 481
(a) The department may, with the approval of the Governor, cooperate with officials of the United States Department of Agriculture or with officials of other...
- California Food and Agricultural Code Section 482
(a) The director may enter into cooperative agreements with individuals, associations, boards of supervisors, and with departments, divisions, bureaus, boards, or commissions of this state...
- California Food and Agricultural Code Section 483
The director may arrange for the services of any individual employed by the United States, the state, or a county on a collaborative basis and...
- California Food and Agricultural Code Section 484
The director may enter into cooperative agreements with departments, divisions, bureaus, boards, or commissions of the United States for the purpose of administering meat or...
- California Food and Agricultural Code Section 485
(a) The secretary may enter into cooperative agreements with private entities, and with boards, bureaus, commissions, or departments of this state or of the United...
- California Food and Agricultural Code Section 486
Notwithstanding Section 482, the secretary may not enter into a cooperative agreement with a county of the first class, as defined in Section 28020 of...
- California Food and Agricultural Code Section 491
The Legislature finds and declares the following: (a) Consumers have an interest in being informed about the benefits and potential quantifiable risks to their health...
- California Food and Agricultural Code Section 492
(a) The Legislature hereby creates the Food Biotechnology Task Force. The task force shall be cochaired by the Secretary of California Health and Human Services,...
- California Food and Agricultural Code Section 500
Pursuant to subdivision (d) of Section 821, it is the intent of the Legislature that programs at the University of California designed to promote research...
- California Food and Agricultural Code Section 501
Pursuant to Section 500 and subdivision (d) of Section 821, the Legislature requests that the Regents of the University of California do both of the...
- California Food and Agricultural Code Section 520
"University," as used in this article, means the University of California.
- California Food and Agricultural Code Section 521
It is the intent of the Legislature that the department contract with the Regents of the University of California to operate poultry and livestock disease...
- California Food and Agricultural Code Section 522
When a central diagnostic laboratory constructed on the Davis campus of the university is ready for occupancy, the director shall contract with the Regents of...
- California Food and Agricultural Code Section 523
The contract executed pursuant to this article shall provide that the university maintain sufficient numbers of laboratories to perform the functions contained in this article....
- California Food and Agricultural Code Section 524
(a) A central diagnostic laboratory building to be constructed on the Davis campus of the university adjacent to the facilities of the Veterinary Medical Teaching...
- California Food and Agricultural Code Section 525
After the contract has been executed pursuant to Section 521, the diagnostic functions of the regional laboratories maintained at Petaluma and Sacramento shall be transferred...
- California Food and Agricultural Code Section 526
The contract shall provide that the university, in consultation with the department, shall establish a schedule of fees to help defray the cost of operation...
- California Food and Agricultural Code Section 527
The contract shall provide for all of the following services which, when included in the department's budget, shall be provided without charge: (a) Services performed...
- California Food and Agricultural Code Section 528
The contract shall specify the accounting procedures to be used and any reports necessary to assure compliance with state and university requirements.
- California Food and Agricultural Code Section 529
It is intended that the contractual arrangement between the university and the department be of long-term duration. The department's budget for the laboratories shall be...
- California Food and Agricultural Code Section 530
A member of the Veterinary Diagnostic Laboratory Board is entitled to be paid his or her actual expenses which are incurred while engaged in performing...
- California Food and Agricultural Code Section 531
The budget for the California Animal Health and Food Safety Laboratory shall be established as a line item in the budget of the department. The...
- California Food and Agricultural Code Section 550
This article shall be known and may be cited as the Sustainable Agriculture Research and Education Act of 1986.
- California Food and Agricultural Code Section 551
The Legislature finds and declares all of the following: (a) There is a growing movement in California and the nation to change farming techniques by...
- California Food and Agricultural Code Section 552
The purpose of this article is to promote more research and education on sustainable agricultural practices, such as organic methods, biological control, and integrated pest...
- California Food and Agricultural Code Section 553
(a) It is the intent of the Legislature that the Regents of the University of California establish the Sustainable Agriculture Research and Education Program to...
- California Food and Agricultural Code Section 554
(a) If the Sustainable Agriculture Research and Education Program is established by the regents, the President of the University of California shall establish and appoint...
- California Food and Agricultural Code Section 555
If the Sustainable Agriculture Research and Education Program is established by the regents, it shall be established from existing resources.
- California Food and Agricultural Code Section 560
This article shall be known as the Cannella Environmental Farming Act of 1995.
- California Food and Agricultural Code Section 561
The Legislature finds and declares the following: (a) California agriculture helps to feed the world and fuel our economy. Agriculture provides one out of every...
- California Food and Agricultural Code Section 564
Unless the context otherwise requires, the following definitions govern the construction of this article: (a) "Agricultural activities" means those activities that generate products as specified...
- California Food and Agricultural Code Section 566
(a) The department shall establish and oversee an environmental farming program. The program shall provide incentives to farmers whose practices promote the well-being of ecosystems,...
- California Food and Agricultural Code Section 568
(a) The secretary shall convene a five-member Scientific Advisory Panel on Environmental Farming to advise and assist federal, state, and local government agencies on issues...
- California Food and Agricultural Code Section 576
This article shall be known and may be cited as the University of California Pest Research Act of 1990.
- California Food and Agricultural Code Section 577
The Legislature finds and declares all of the following: (a) There is a need to develop and apply ecologically based pest management alternatives that are...
- California Food and Agricultural Code Section 578
Unless the context otherwise requires, the definitions in this section govern the construction of this article. (a) "Center" means the University of California Center for...
- California Food and Agricultural Code Section 579
It is the intent of the Legislature that the responsibilities of the center include, but are not limited to, all of the following: (a) Establishing...
- California Food and Agricultural Code Section 580
(a) It is the intent of the Legislature that the center, through its director, develop a list of recommended pest management research priorities for the...
- California Food and Agricultural Code Section 581
To the extent that it is economically and scientifically feasible, it is the intent of the Legislature that the center shall award pest research funds...
- California Food and Agricultural Code Section 582
It is the intent of the Legislature that the University of California appoint a director of the center who is knowledgeable about pest management practices...
- California Food and Agricultural Code Section 583
(a) The University of California shall prepare an annual report describing the activities of the center, major objectives and significant accomplishments of pest management research...
- California Food and Agricultural Code Section 584
If the center is established by the Regents of the University of California, it is the intent of the Legislature that the administrative costs of...
- California Food and Agricultural Code Section 585
This article shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any...
- California Food and Agricultural Code Section 587
The Legislature finds and declares the following: (a) The Legislature supports the agricultural community's efforts to promote choices of farming methods, practices, and crops. (b)...
- California Food and Agricultural Code Section 588
(a) When conflicts arise between sectors of agriculture, the secretary may designate agricultural coexistence working groups to work towards conflict resolution. (b) The members of...
- California Food and Agricultural Code Section 601
As used in this chapter, "fund" includes any account in a fund which consists of money derived from different sources for different purposes.
- California Food and Agricultural Code Section 602
The department may, with the approval of the Department of General Services, purchase or otherwise acquire real property. It may construct and equip buildings upon...
- California Food and Agricultural Code Section 603
Any building or improvement which is constructed by the department pursuant to this chapter shall be primarily for the occupancy of commissions, divisions, bureaus, advisory...
- California Food and Agricultural Code Section 604
The building or improvement shall be administered and supervised by the department in accordance with rules and regulations which are established by the department and...
- California Food and Agricultural Code Section 621
The Department of Agriculture Building Fund is continued in existence.
- California Food and Agricultural Code Section 622
When there are moneys available in the Department of Agriculture Fund, or in other funds which are subject to the jurisdiction of the director, not...
- California Food and Agricultural Code Section 623
All rentals which are collected pursuant to this chapter shall be deposited in the Department of Agriculture Building Fund.
- California Food and Agricultural Code Section 624
All moneys in the Department of Agriculture Building Fund are appropriated without regard to fiscal years to carry out this chapter, including the costs of...
- California Food and Agricultural Code Section 625
At least annually and oftener if the amounts collected as rentals should warrant, there shall be returned from the Department of Agriculture Building Fund to...
- California Food and Agricultural Code Section 626
No money may be taken from the Department of Agriculture Fund, or other funds under the jurisdiction of the director, for transfer to the Department...
- California Food and Agricultural Code Section 627
If any money from the Department of Agriculture Building Fund is used to purchase property or construct buildings and appurtenant facilities for the use of...
- California Food and Agricultural Code Section 628
Upon the completion of any buildings or improvements and the fulfillment of the obligation to reimburse the Department of Agriculture Fund, or other funds pursuant...
- California Food and Agricultural Code Section 651
Any building or improvement which is provided by the department pursuant to this chapter may contain space in excess of the requirements of the department....
- California Food and Agricultural Code Section 652
The department, with the approval of the Department of General Services, shall determine the amounts which are returnable to the respective funds. The amounts shall...
- California Food and Agricultural Code Section 653
During the period of repayment, the department may contract with the Department of General Services to handle the rentals of any space over and above...
- California Food and Agricultural Code Section 654
The director shall allocate space to the commissions, divisions, bureaus, advisory boards, and services which comprise the department or agencies that are subject to its...
- California Food and Agricultural Code Section 655
The occupancy of any space which is not required by the department for the commissions, divisions, bureaus, advisory boards, and services which are mentioned in...
- California Food and Agricultural Code Section 656
When all funds have been reimbursed for contributions which are made for the construction and equipping of any building or facility, the Department of General...
- California Food and Agricultural Code Section 701
The Legislature finds and declares all of the following: (a) California farm sales, which are of vital importance to California agriculture and the state's economy,...
- California Food and Agricultural Code Section 702
It is the intent of the Legislature to support the multilateral and bilateral free and fair trade negotiation process currently in place, but to provide...
- California Food and Agricultural Code Section 703
The department may, upon the request of a California agricultural interest which is pursuing a case under Section 301 or 302 of the Trade Act...
- California Food and Agricultural Code Section 704
The director shall establish a reasonable schedule of fees to cover the amount expended for providing analytical assistance, information, and data requested by the California...
- California Food and Agricultural Code Section 705
All state agencies, including, but not limited to, the Department of Finance and the Employment Development Department shall cooperate with the director in the compilation...
- California Food and Agricultural Code Section 801
This chapter shall be known and may be cited as the Thurman Agricultural Policy Act.
- California Food and Agricultural Code Section 802
The Legislature finds and declares the following: (a) Agriculture is the number one industry in California, which is the leading agricultural state in the country....
- California Food and Agricultural Code Section 803
The Legislature further finds and declares that, regardless of the findings in Section 802, this state does not presently have a formal agricultural policy. That...
- California Food and Agricultural Code Section 821
As part of promoting and protecting the agricultural industry of the state and for the protection of public health, safety, and welfare, the Legislature shall...
- California Food and Agricultural Code Section 822
The Legislature shall review actions taken in the implementation and furtherance of the state agricultural policy for their impact on the following factors: (a) Productive...
- California Food and Agricultural Code Section 851
It is the intent of this chapter to establish a means of identifying the owner of any fruits, nuts, or vegetables which are the food...
- California Food and Agricultural Code Section 861
For lots of over 25 pounds of any fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, or for...
- California Food and Agricultural Code Section 862
Upon probable cause to believe any fruits, nuts, vegetables, or walnut burl regulated pursuant to this chapter is in unlawful possession, proof of ownership shall...
- California Food and Agricultural Code Section 863
A bill of lading, bill of sale, certified farmers certificate, data obtainable by electronic transmission which is accessible to a common carrier, or a similar...
- California Food and Agricultural Code Section 864
It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership.
- California Food and Agricultural Code Section 865
A copy of the record shall be retained by the buyer and seller for a period of 60 days after delivery.
- California Food and Agricultural Code Section 866
This chapter establishes minimal requirements for the transportation and identification of agricultural commodities. A county may, by ordinance, impose additional requirements regarding this transportation and
- California Food and Agricultural Code Section 871
This chapter does not apply to the following agricultural commodities: (a) Commodities transported from the farm or ranch where they are produced to a commercial...
- California Food and Agricultural Code Section 881
Any peace officer, upon probable cause to believe an agricultural commodity regulated pursuant to this chapter is being unlawfully transported, may stop the vehicle and...
- California Food and Agricultural Code Section 882
Upon reasonable belief that a person is in unlawful possession of a commodity regulated by this chapter, the commodity may be held or seized by...
- California Food and Agricultural Code Section 883
The director, the commissioner, or a peace officer may investigate to ascertain the ownership of any commodity that has been held pursuant to this chapter....
- California Food and Agricultural Code Section 884
(a) If for any reason the commodity is not released to the rightful owner after being in the custody of the commissioner for 48 hours...
- California Food and Agricultural Code Section 885
In lieu of civil prosecution, the secretary or the commissioner may levy a civil penalty against any person violating the provisions of this chapter or...
- California Food and Agricultural Code Section 901
There is in the state government the State Board of Food and Agriculture which consists of 15 members.
- California Food and Agricultural Code Section 901.5
It is hereby declared, as a matter of legislative determination, that representatives of the agricultural industry appointed to the State Board of Food and Agriculture...
- California Food and Agricultural Code Section 902
The members of the board shall be appointed by the Governor as follows: (a) One from the Agricultural Sciences Division of the University of California....
- California Food and Agricultural Code Section 903
The term of office of the members of the board is four years. The terms expire on January 15 of each year in the rotation...
- California Food and Agricultural Code Section 904
The members shall be residents and citizens of the state and shall be specially qualified for this service through actual farm business, economic agricultural training,...
- California Food and Agricultural Code Section 905
The members shall serve without pay, but shall be allowed necessary traveling and incidental expenses which are incurred in the discharge of their duties. The...
- California Food and Agricultural Code Section 906
(a) Public officers associated with any area of government, including agriculture, and whether elected or appointed, may be appointed to, and may serve contemporaneously as...
- California Food and Agricultural Code Section 951
The board shall inquire into the needs of the agricultural industry of this state and the functions of the department in relation to such needs,...
- California Food and Agricultural Code Section 951.5
The board shall make recommendations to the secretary regarding the project agreements to be funded pursuant to Chapter 6 (commencing with Section 58551) of Part...
- California Food and Agricultural Code Section 952
The board, and any member of it who is authorized by resolution of the board, may make investigations, conduct hearings, and prosecute actions concerning all...
- California Food and Agricultural Code Section 953
The board shall hold meetings at least once a month in the office of the director at Sacramento or at any other location determined by...
- California Food and Agricultural Code Section 954
Special or adjourned meetings may be held at the office of the director in Sacramento, or at any other place in the state which the...
- California Food and Agricultural Code Section 1500
The first day of spring in each year is hereby designated as California Agriculture Day.
- California Food and Agricultural Code Section 1501
Notwithstanding the Education Code, including, but not limited to, provisions relating to curriculum requirements, on the first day of spring or on another day determined...
- California Food and Agricultural Code Section 2001
There is in each county government the county department of agriculture.
- California Food and Agricultural Code Section 2002
The county department of agriculture is under the control of the county agricultural commissioner.
- California Food and Agricultural Code Section 2003
The California Agricultural Commissioners and Sealers Association shall be recognized as the official representative body on behalf of county agricultural commissioners and sealers.
- California Food and Agricultural Code Section 2101
(a) The director shall examine persons who desire to become commissioners or deputy commissioners. He or she may adopt regulations which govern the examinations. Successful...
- California Food and Agricultural Code Section 2102
(a) The director shall pass upon the qualifications of persons who desire to become county agricultural inspectors and shall issue licenses to successful candidates. (b)...
- California Food and Agricultural Code Section 2103
The director shall issue a license, for any county which has a charter that provides for civil service examination of county agricultural inspectors, to any...
- California Food and Agricultural Code Section 2104
A commissioner, deputy commissioner, or county agricultural inspector need not be a resident of the county for which he may be chosen.
- California Food and Agricultural Code Section 2105
Prior to entering upon his duties, the commissioner shall file the usual oath, and he shall be required to file an official bond in an...
- California Food and Agricultural Code Section 2106
No person shall be eligible for the examination or shall be given or issued a license pursuant to Section 2101, 2102, or 2103 unless he...
- California Food and Agricultural Code Section 2107
The director shall publish and make available a registry of persons holding a license pursuant to Section 2101, 2102, or 2103 and Section 12202 of...
- California Food and Agricultural Code Section 2121
The commissioner shall be appointed by the board of supervisors of the county. Any chartered county may, however, prescribe a different method of appointment.
- California Food and Agricultural Code Section 2122
The term of office of the commissioner shall be four years from and after his appointment and until his successor is appointed. He may, however,...
- California Food and Agricultural Code Section 2123
Except as otherwise provided in this chapter, a person shall not be appointed to the office of commissioner or deputy commissioner unless he or she...
- California Food and Agricultural Code Section 2124
If the board of supervisors of such adjoining county consents, the board of supervisors of any county in which there is no commissioner may employ...
- California Food and Agricultural Code Section 2125
In any county in which no commissioner has served, the director shall perform the duties of commissioner in the same manner, to the same extent,...
- California Food and Agricultural Code Section 2126
The commissioner may appoint deputy commissioners, inspectors, and clerks who shall serve at his pleasure. Such inspectors may be designated as county agricultural inspectors or...
- California Food and Agricultural Code Section 2127
Deputy commissioners and inspectors shall be appointed from a list which is furnished by the director of persons who hold a license for the office.
- California Food and Agricultural Code Section 2128
If the position of deputy commissioner cannot be filled from the list, a temporary appointment may be made for a period not exceeding six months...
- California Food and Agricultural Code Section 2129
If the position of inspector cannot be filled from the list, a temporary appointment not exceeding six months may be made.
- California Food and Agricultural Code Section 2151
If a vacancy in the office of commissioner occurs, the director, upon learning of the vacancy, shall immediately transmit to the board of supervisors or...
- California Food and Agricultural Code Section 2152
If, within 60 days after the receipt of the list of persons who are licensed, the appointing power fails to appoint a commissioner from the...
- California Food and Agricultural Code Section 2153
If there is no qualified person available for the office of commissioner, the appointing power may make a temporary appointment, for a period not exceeding...
- California Food and Agricultural Code Section 2154
If the appointing power does not make a temporary appointment of a commissioner and no person can be appointed from the eligible list by the...
- California Food and Agricultural Code Section 2181
Upon satisfactory evidence presented to the Secretary or the Director of the Department of Pesticide Regulation that the commissioner of any county is guilty of...
- California Food and Agricultural Code Section 2182
The county agricultural commissioner's trial board shall be composed of the Secretary and the Director of the Department of Pesticide Regulation, a person who has...
- California Food and Agricultural Code Section 2183
At least 10 days prior to the date of the hearing the director shall give notice in writing to the commissioner of the time and...
- California Food and Agricultural Code Section 2184
At the hearing the trial board shall hear the evidence which is offered.
- California Food and Agricultural Code Section 2185
The trial board shall, within 30 days subsequent to the conclusion of the hearing make an order dismissing the charges or an order disqualifying the
- California Food and Agricultural Code Section 2186
If the order disqualifies the commissioner, the director shall revoke the commissioner's license and declare his or her office vacant. A copy of the order...
- California Food and Agricultural Code Section 2187
The license of a deputy commissioner may be revoked in the same manner and for the same causes that a license of a commissioner may...
- California Food and Agricultural Code Section 2201
The compensation provided for a commissioner, deputy commissioner, county agricultural inspector, or clerk who is employed by the year or by the month shall be...
- California Food and Agricultural Code Section 2203
The commissioner shall be paid his or her compensation and traveling and incidental expenses while he or she is attending the annual meeting of the...
- California Food and Agricultural Code Section 2204
The compensation of a commissioner who is appointed by the director shall be paid in the same manner as if he were appointed by the...
- California Food and Agricultural Code Section 2205
The rate and manner of payment of compensation for a commissioner who is employed pursuant to Section 2124 shall be fixed by the board of...
- California Food and Agricultural Code Section 2206
The board of supervisors of any county in which the director is required by Section 2125 to perform the duties of commissioner shall, upon claim...
- California Food and Agricultural Code Section 2221
For the purpose of this article the base salary of a commissioner is the salary, or if a salary range is established, the lowest step...
- California Food and Agricultural Code Section 2222
For the purpose of securing more uniform and adequate enforcement of this code throughout the state, the director may enter into cooperative agreements with the...
- California Food and Agricultural Code Section 2223
In the agreement the board of supervisors shall agree not to reduce the salary of the commissioner to less than the base salary. The director...
- California Food and Agricultural Code Section 2224
The director may agree with the board of supervisors of any county in which no salary was established for the position of commissioner for January,...
- California Food and Agricultural Code Section 2241
As used in this article "commissioner" includes a commissioner who is employed pursuant to Section 2124.
- California Food and Agricultural Code Section 2242
The board of supervisors shall provide a suitable office for the commissioner, and shall furnish and equip his office with all necessary furniture, supplies, and...
- California Food and Agricultural Code Section 2243
The board of supervisors may also provide the commissioner with all necessary field equipment for the proper discharge of the duties of his office.
- California Food and Agricultural Code Section 2244
All expenses which are ordered by the board of supervisors for the office, furniture, supplies, effects, and equipment for the commissioner are a county charge....
- California Food and Agricultural Code Section 2271
The commissioner shall keep a record of his official acts.
- California Food and Agricultural Code Section 2272
(a) The commissioner shall make an annual report to the director on the condition of agriculture in his or her county and on what is...
- California Food and Agricultural Code Section 2273
The commissioner shall also make a monthly report to the board of supervisors if and when so required by the board.
- California Food and Agricultural Code Section 2274
The commissioner shall learn about all pests that may exist, or are likely to exist, in his county.
- California Food and Agricultural Code Section 2275
The commissioner, for the purpose of learning the best and most efficacious methods of performing his or her duties, shall attend the annual meeting of...
- California Food and Agricultural Code Section 2276
The commissioner shall, for the purpose of becoming informed about new and dangerous agricultural pests, observing and learning new and better methods of pest control,...
- California Food and Agricultural Code Section 2276.5
(a) The Legislature finds and declares that, acting under policy direction of the Secretary of Food and Agriculture, California' s unique system of county agricultural...
- California Food and Agricultural Code Section 2277
The commissioner shall, if directed by the board of supervisors, collect, prepare, and install exhibits for public information which illustrate the work of his department,...
- California Food and Agricultural Code Section 2278
The commissioner may disseminate information which relates to pests that may exist in his county, or are likely to exist in it. The information may...
- California Food and Agricultural Code Section 2279
The commissioner shall compile reports of the condition, acreage, production, and value of the agricultural products in his county. The commissioner may publish such reports,...
- California Food and Agricultural Code Section 2280
The director, when acting in person with a commissioner, has all the rights of such commissioner.
- California Food and Agricultural Code Section 2281
Except as otherwise specifically provided, in all cases where provisions of this code place joint responsibility for the enforcement of laws and regulations on the...
- California Food and Agricultural Code Section 2282
(a) Except as provided in Section 2282.5, and to the extent funds are appropriated in the annual Budget Act, the Secretary of Food and Agriculture...
- California Food and Agricultural Code Section 2282.5
(a) The development of work plans for allocation of the funding appropriated in the Budget Act to the department for local assistance for agricultural plant...
- California Food and Agricultural Code Section 2283
The commissioner, in carrying out his responsibilities under Section 2281, may assist the department in the conduct of surveys or investigations pursuant to Section 461...
- California Food and Agricultural Code Section 2284
The commissioner may, with the approval of the board of supervisors, contract with any person or association to certify the condition of a shipment of...
- California Food and Agricultural Code Section 2285
For the purpose of developing necessary information and securing the best results for agriculture in this state, the commissioner may correspond and meet with any...
- California Food and Agricultural Code Section 2286
The discretionary immunity doctrine as applied to a public entity and an employee of a public entity pursuant to Sections 815.2 and 820.2 of the...
- California Food and Agricultural Code Section 2287
Whenever the commissioner determines that it is necessary to more effectively or more efficiently carry out a program listed in subdivision (b) of Section 2282,...
- California Food and Agricultural Code Section 2301
A county veterinarian may be appointed by the board of supervisors whenever the public welfare demands the services of such veterinarian.
- California Food and Agricultural Code Section 2302
The veterinarian shall serve at the pleasure of the board of supervisors.
- California Food and Agricultural Code Section 2321
The veterinarian shall receive a salary which is fixed by the board of supervisors. It shall be payable at the same time, in the same...
- California Food and Agricultural Code Section 2341
The veterinarian shall act under the supervision of the director.
- California Food and Agricultural Code Section 2342
The veterinarian shall enforce throughout the county all of the provisions of this code which relate to the health and sanitary surroundings of livestock, poultry,...
- California Food and Agricultural Code Section 2343
The veterinarian may establish such quarantine, sanitary, and other regulations within his jurisdiction as he deems necessary.
- California Food and Agricultural Code Section 2344
The veterinarian shall attend such meetings as are deemed necessary and advisable by the board of supervisors.
- California Food and Agricultural Code Section 3001
Unless the context otherwise requires, the definitions in this article govern the construction of the chapter.
- California Food and Agricultural Code Section 3002
"Courtesy pass admission" means any admission, without payment of the admission charge, to any state, county, district, or citrus fruit fair, except any of the...
- California Food and Agricultural Code Section 3003
"Credential admission" means any admission which is authorized by the board of directors of a state, district, or citrus fruit fair, or by the board...
- California Food and Agricultural Code Section 3021
Every state, district, county, or citrus fruit fair which receives any money from the State Treasury shall permit the admission without payment of the admission...
- California Food and Agricultural Code Section 3022
If a charge is made for admission to enter a state, district, county, or citrus fruit fair, the following persons may be admitted to such...
- California Food and Agricultural Code Section 3023
A credential admission may be issued to any individual, association, or body that does any of the following: (a) Prepares or services any educational, commercial,...
- California Food and Agricultural Code Section 3024
Credential admissions may, also, be issued to any of the following persons: (a) Representatives of press, radio, and television personally engaged in obtaining and transmitting...
- California Food and Agricultural Code Section 3025
The words "credential admission" shall be printed on each ticket which is issued as a credential admission.
- California Food and Agricultural Code Section 3026
The percentage of courtesy pass admissions to any state, county, district, or citrus fruit fair shall not exceed 4 percent of the gross paid admission...
- California Food and Agricultural Code Section 3027
A courtesy pass admission is not transferable.
- California Food and Agricultural Code Section 3028
Each fair shall maintain complete records of the number of credential and courtesy pass admissions which are issued for each fair period.
- California Food and Agricultural Code Section 3029
Each fair shall make an annual report to the department, as prescribed by the department, of the total number of credential and courtesy pass admissions...
- California Food and Agricultural Code Section 3101
The expenditure of funds for insurance which is authorized by this chapter is a public purpose and is in furtherance of the purposes for which...
- California Food and Agricultural Code Section 3102
If the Department of Parks and Recreation or the board of directors of any district agricultural association finds that, in order to conduct a successful...
- California Food and Agricultural Code Section 3103
The accident and disability insurance shall be in addition to the workers' compensation insurance which is required to be carried by licensed horse owners.
- California Food and Agricultural Code Section 3200
Notwithstanding any other provision of law, all funds appropriated for California fairs and expositions pursuant to Sections 19622, 19627, 19627.1, and subdivision (c) of Section...
- California Food and Agricultural Code Section 3301
It is the intent of the Legislature to vitalize the California Exposition and State Fair by creating a new entity in state government managed by...
- California Food and Agricultural Code Section 3302
No changes shall be made in the uses of the flood plain on California Exposition and State Fair property until the board has adopted a...
- California Food and Agricultural Code Section 3303
As used in this part, "board" or "board of directors" means the Board of Directors of the California Exposition and State Fair.
- California Food and Agricultural Code Section 3304
All records, information, equipment, and real and personal property held by the Department of Parks and Recreation relating to the former California Exposition and State...
- California Food and Agricultural Code Section 3305
All civil service employees of the Division of Exposition and State Fair of the Department of Parks and Recreation shall retain all of their positions,...
- California Food and Agricultural Code Section 3306
The California Exposition and State Fair created by Section 3311 shall assume all of the obligation for any revenue bonds issued pursuant to Chapter 1072...
- California Food and Agricultural Code Section 3307
(a) All activities conducted at the California Exposition and State Fair are subject to the noise control ordinance, Chapter 66 (commencing with Section 66.101) of...
- California Food and Agricultural Code Section 3311
The California Exposition and State Fair is hereby created as a separate independent entity in state government. The California Exposition and State Fair shall be...
- California Food and Agricultural Code Section 3312
(a) The governing body of the California Exposition and State Fair shall be an 11-member board of directors. The directors shall be residents of California...
- California Food and Agricultural Code Section 3313
The board may annually select a chairperson from among the directors.
- California Food and Agricultural Code Section 3314
The directors shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.
- California Food and Agricultural Code Section 3315
Any director who misses three consecutive regular meetings of the board without permission of the board shall be deemed to have resigned from the board....
- California Food and Agricultural Code Section 3316
The board may appoint advisory committees. Advisory committees may provide information and advice to the board with respect to the operations and management of the...
- California Food and Agricultural Code Section 3317
The two Members of the Legislature who represent the Assembly and Senate district in which the California Exposition and State Fair facilities are located and...
- California Food and Agricultural Code Section 3321
The board shall appoint, pursuant to Section 4 of Article VII of the California Constitution, a general manager of the California Exposition and State Fair...
- California Food and Agricultural Code Section 3322
(a) The following officers of the California Exposition and State Fair shall be appointed by the Governor, pursuant to Section 4 of Article VII of...
- California Food and Agricultural Code Section 3331
The board shall serve as the policymaking body for the California Exposition and State Fair and shall have full responsibility for the year-round management and...
- California Food and Agricultural Code Section 3332
The board may do any of the following: (a) Contract. (b) Accept funds or gifts of value from the United States or any person to...
- California Food and Agricultural Code Section 3332.1
Notwithstanding any other provision of law and in accordance with procedures established by the board, the board may enter into agreements to secure donations, memberships,...
- California Food and Agricultural Code Section 3332.5
If the board at any time sends out a request for proposal that could result in an agreement between the board and another party on...
- California Food and Agricultural Code Section 3332.6
The California Exposition and State Fair may enter into a joint powers agreement with a joint powers authority created pursuant to Chapter 5 (commencing with...
- California Food and Agricultural Code Section 3333
The board shall submit a report to the Legislature and Governor on or before May 31st of each year with respect to the financial condition,...
- California Food and Agricultural Code Section 3334
All records of the California Exposition and State Fair for entries in any of its events are public records, except entries in events which are...
- California Food and Agricultural Code Section 3351
(a) There is hereby created the State Fair Leasing Authority, a joint powers authority formed pursuant to Chapter 5 (commencing with Section 6500) of Division...
- California Food and Agricultural Code Section 3352
(a) The authority shall be governed by a board of directors, which shall be composed of the Secretary of Food and Agriculture, the Director of...
- California Food and Agricultural Code Section 3353
(a) The California Exposition and State Fair shall provide clerical services and the use of its staff without charge to the authority. The Department of...
- California Food and Agricultural Code Section 3354
The authority may enter into leases or other agreements for the use of the State Fair Race Track or any other property owned or controlled...
- California Food and Agricultural Code Section 3355
The California Exposition and State Fair, in consultation with the authority, shall prepare a master plan approved by the board of directors of the fair...
- California Food and Agricultural Code Section 3356
The California Horse Racing Board, at the request of the authority, shall certify the eligibility of any prospective lessee or user of the property to...
- California Food and Agricultural Code Section 3357
(a) In leasing, or entering into agreements for the use of, the State Fair Race Track or other property owned or controlled by the California...
- California Food and Agricultural Code Section 3358
If the authority makes a determination pursuant to this chapter about an action it proposes to take in awarding the State Fair Race Track lease...
- California Food and Agricultural Code Section 3359
After the award of a lease or upon entering into an agreement for the use of State Fair property, the authority shall meet periodically to...
- California Food and Agricultural Code Section 3360
(a) The authority, in the exercise of its powers, may pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to...
- California Food and Agricultural Code Section 3361
The State of California pledges to, and agrees with, the holders of any bonds, other indebtedness, or obligations for the financing of the improvements described...
- California Food and Agricultural Code Section 3801
Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- California Food and Agricultural Code Section 3802
"Association" means a district agricultural association which is formed pursuant to this chapter.
- California Food and Agricultural Code Section 3803
"Board" means the board of directors of an association.
- California Food and Agricultural Code Section 3804
"Director" means a member of the board of directors of an association.
- California Food and Agricultural Code Section 3805
"District" means an agricultural district which is formed pursuant to this chapter.
- California Food and Agricultural Code Section 3806
For the purposes of Article 1 (commencing with Section 4101) of Chapter 6 of this part, "agency" means the State and Consumer Services Agency.
- California Food and Agricultural Code Section 3851
The state is divided into the agricultural districts which are prescribed by this article.
- California Food and Agricultural Code Section 3852
District 1 is the County of Alameda.
- California Food and Agricultural Code Section 3853
District 1a is the County of San Mateo and the City and County of San Francisco.
- California Food and Agricultural Code Section 3854
District 2 is the County of San Joaquin.
- California Food and Agricultural Code Section 3855
District 3 is the County of Butte.
- California Food and Agricultural Code Section 3856
District 4 is the Counties of Sonoma and Marin.
- California Food and Agricultural Code Section 3856.5
District 5 is the City and County of San Francisco.
- California Food and Agricultural Code Section 3857
District 6 is all that portion of Los Angeles County that is not included in District 48, District 50, and District 51, and, notwithstanding any...
- California Food and Agricultural Code Section 3858
District 7 is the County of Monterey.
- California Food and Agricultural Code Section 3859
District 9 is the County of Humboldt.
- California Food and Agricultural Code Section 3860
District 10 is that portion of the County of Siskiyou which is not included in District 10a.
- California Food and Agricultural Code Section 3861
District 10a is all that portion of Siskiyou and Modoc Counties which is described as follows: Beginning at the intersection of west longitude 122 degrees...
- California Food and Agricultural Code Section 3862
District 12 is the County of Mendocino.
- California Food and Agricultural Code Section 3863
District 13 is the Counties of Sutter and Yuba.
- California Food and Agricultural Code Section 3864
District 14 is the County of Santa Cruz.
- California Food and Agricultural Code Section 3865
District 15 is all that portion of the County of Kern which is not included in District 53.
- California Food and Agricultural Code Section 3866
District 16 is the County of San Luis Obispo.
- California Food and Agricultural Code Section 3867
District 17 is the County of Nevada.
- California Food and Agricultural Code Section 3868
District 18 is the Counties of Mono, Inyo, and Alpine.
- California Food and Agricultural Code Section 3869
District 19 is all that portion of Santa Barbara County which lies east of Gaviota and south of the Santa Ynez Mountains.
- California Food and Agricultural Code Section 3870
District 20 is the County of Placer.
- California Food and Agricultural Code Section 3871
District 21 is the County of Fresno.
- California Food and Agricultural Code Section 3872
District 21a is the County of Madera.
- California Food and Agricultural Code Section 3873
District 22 is the County of San Diego.
- California Food and Agricultural Code Section 3874
District 23 is the County of Contra Costa.
- California Food and Agricultural Code Section 3875
District 24 is the County of Tulare.
- California Food and Agricultural Code Section 3876
District 24a is the County of Kings.
- California Food and Agricultural Code Section 3877
District 25 is the County of Napa.
- California Food and Agricultural Code Section 3878
District 26 is the County of Amador.
- California Food and Agricultural Code Section 3879
District 27 is the County of Shasta.
- California Food and Agricultural Code Section 3880
District 28 is the County of San Bernardino.
- California Food and Agricultural Code Section 3881
District 29 is the County of Tuolumne.
- California Food and Agricultural Code Section 3882
District 30 is the County of Tehama.
- California Food and Agricultural Code Section 3883
District 31 is the County of Ventura.
- California Food and Agricultural Code Section 3884
District 32 is the County of Orange.
- California Food and Agricultural Code Section 3884.1
There is hereby created District 32a, which consists of all of that real property that is a portion of District 32 that is commonly known...
- California Food and Agricultural Code Section 3884.2
(a) The District 32a Disposition Fund is hereby created in the State Treasury. (b) The Department of General Services may sell all or any portion...
- California Food and Agricultural Code Section 3885
District 33 is the County of San Benito.
- California Food and Agricultural Code Section 3886
District 34 is that portion of the County of Modoc which is not included in District 10a.
- California Food and Agricultural Code Section 3887
District 35 is the County of Merced.
- California Food and Agricultural Code Section 3888
District 35a is the County of Mariposa.
- California Food and Agricultural Code Section 3889
District 36 is the County of Solano.
- California Food and Agricultural Code Section 3890
District 37 is all that portion of Santa Barbara County which is not included in District 19.
- California Food and Agricultural Code Section 3891
District 38 is the County of Stanislaus.
- California Food and Agricultural Code Section 3892
District 39 is the County of Calaveras.
- California Food and Agricultural Code Section 3893
District 40 is the County of Yolo.
- California Food and Agricultural Code Section 3894
District 41 is the County of Del Norte.
- California Food and Agricultural Code Section 3895
District 42 is the County of Glenn.
- California Food and Agricultural Code Section 3896
District 44 is the County of Colusa.
- California Food and Agricultural Code Section 3897
District 45 is the County of Imperial.
- California Food and Agricultural Code Section 3898
District 46 is all that portion of the County of Riverside which is not included in District 54.
- California Food and Agricultural Code Section 3899
District 48 is the County of Los Angeles.
- California Food and Agricultural Code Section 3900
District 49 is the County of Lake.
- California Food and Agricultural Code Section 3901
District 50 is all that portion of Los Angeles County which lies north of the south line of Township 5 North, San Bernardino base.
- California Food and Agricultural Code Section 3901.5
District 51 is all the portion of Los Angeles City which is described as follows: From a point commencing where the most northerly boundary of...
- California Food and Agricultural Code Section 3902
District 52 is the County of Sacramento.
- California Food and Agricultural Code Section 3903
District 53 is all of the portion of Kern County east of the Los Angeles Aqueduct. District 53 shall be known and designated as the...
- California Food and Agricultural Code Section 3904
District 54 is all of the portion of Riverside County east of the Coachella Branch of the All-American Canal and east of the line running...
- California Food and Agricultural Code Section 3951
Fifty or more persons, who are residents of a district, may form an association to be known as and designated as the ____ District Agricultural...
- California Food and Agricultural Code Section 3952
Copies of the articles of association shall be filed with the Governor, the Secretary of State, and the department.
- California Food and Agricultural Code Section 3953
Each association is a state institution.
- California Food and Agricultural Code Section 3954
Each association by its name has perpetual succession. It may have a seal. An association may be sued and, with approval of the department, may...
- California Food and Agricultural Code Section 3955
Claims against an association shall be presented to the California Victim Compensation and Government Claims Board in accordance with Part 3 (commencing with Section 900)...
- California Food and Agricultural Code Section 3956
The officers of the association shall consist of a board of directors of nine members. The directors shall be citizens and residents of the district.
- California Food and Agricultural Code Section 3957
If two or more counties constitute a district, each county shall be represented on the board by at least two persons who are citizens and...
- California Food and Agricultural Code Section 3958
If, by reason of the formation of a new district, a director in one district becomes a resident of another district, his term of office...
- California Food and Agricultural Code Section 3959
The directors shall be appointed by the Governor.
- California Food and Agricultural Code Section 3960
The term of office of each director, except that of a member of the first board, is four years from the beginning of the term...
- California Food and Agricultural Code Section 3961
The term of office of each member of the first board shall be so fixed by the Governor that the terms of the directors of...
- California Food and Agricultural Code Section 3962
The directors are state officers.
- California Food and Agricultural Code Section 3963
The directors shall meet at a place within the district and organize by the election of one of their number as president. The term of...
- California Food and Agricultural Code Section 3964
The directors shall also select a secretary, a manager, and a treasurer from among persons who are not members of the board. One person may...
- California Food and Agricultural Code Section 3964.5
(a) Notwithstanding any other law, a board may form any advisory committee by resolution or any similar formal action. (b) Meetings of an advisory committee...
- California Food and Agricultural Code Section 3965
The board may, with the approval of the department: (a) Fix the term of office, the amount of bond, salary, and prescribe the duties of...
- California Food and Agricultural Code Section 3965.1
Notwithstanding subdivision (d) of Section 3965 or Section 4051, the board may, with the approval of the department, enter into the following types of contracts:...
- California Food and Agricultural Code Section 3966
The board shall annually make to the department such report as such department may direct.
- California Food and Agricultural Code Section 3967
Any director who misses three consecutive regular meetings of the board without the permission of the board is deemed to have resigned as a director.
- California Food and Agricultural Code Section 3968
Records of the board which are entries in events which are scheduled for future judging and for overnight entries in races on which there is...
- California Food and Agricultural Code Section 4001
Any money which is received by any association, other than from the sale of real property or pursuant to a lease, easement, or agreement for...
- California Food and Agricultural Code Section 4002
The proceeds of the sale of any interest in real property which is owned by any association shall be paid into the Fair and Exposition...
- California Food and Agricultural Code Section 4003
Any money which is not expended within three years after being paid into the Fair and Exposition Fund pursuant to Section 4002 shall be added...
- California Food and Agricultural Code Section 4004
All revenue which is received by any association pursuant to any lease, easement, or agreement for the extraction of oil or gas from any land...
- California Food and Agricultural Code Section 4005
The fiscal year for each association is from January 1 to December 31.
- California Food and Agricultural Code Section 4051
An association, with the approval of both the Department of Food and Agriculture and the Department of General Services, may do any of the following:...
- California Food and Agricultural Code Section 4051.1
(a) Notwithstanding any other provision of law, in accordance with procedures established by the board, the board may enter into agreements to secure donations, memberships,...
- California Food and Agricultural Code Section 4051.2
An association shall not enter into a settlement agreement for an amount greater than ten thousand dollars ($10,000) without the prior approval of the department.
- California Food and Agricultural Code Section 4052
An association shall not lease its racetrack for running races of horses to any private person, firm, or corporation, except to a national or international...
- California Food and Agricultural Code Section 4053
The Director of Food and Agriculture may make available for the use of any association any property of the state which is suitable for the...
- California Food and Agricultural Code Section 4054
(a) If the board of an association, by resolution adopted by vote of two-thirds of all its members, finds and determines that the public interest...
- California Food and Agricultural Code Section 4055
Associations, by majority vote of their respective boards, may cooperate in the holding of a fair in any of the districts.
- California Food and Agricultural Code Section 4056
An association may pay membership fees, and join and participate in the affairs of any organization which has the following purposes: (a) Interchange of information...
- California Food and Agricultural Code Section 4057
The state is not liable for any premium which is offered or award that is made, or on account of any contract which is made,...
- California Food and Agricultural Code Section 4058
(a) Notwithstanding Section 4052, the California Exposition and State Fair, a district agricultural association fair, or county fair in the northern zone, with the approval...
- California Food and Agricultural Code Section 4059
(a) (1) Notwithstanding any other provision of law, the Department of Food and Agriculture shall develop criteria to be used, subject to the approval of...
- California Food and Agricultural Code Section 4060
(a) Any compensation to any officer or employee of the state by any nonprofit corporation formed exclusively to aid and assist an association, as provided...
- California Food and Agricultural Code Section 4101
The Sixth District Agricultural Association shall be known as the California Science Center. It is in the State and Consumer Services Agency and is deemed...
- California Food and Agricultural Code Section 4101.2
(a) Notwithstanding any other provision of law, the California Science Center, with the approval of the Director of General Services, may enter into a long-term...
- California Food and Agricultural Code Section 4101.3
(a) Notwithstanding any other provision of law, the California Science Center is hereby authorized to enter into a site lease with the California Science Center...
- California Food and Agricultural Code Section 4101.4
(a) The Legislature finds and declares that the operation of the California Science Center may require individual skills not generally available in state civil service...
- California Food and Agricultural Code Section 4102
The California Science Center, with the approval of the State and Consumer Services Agency, may build, construct, and maintain and operate a stadium or any...
- California Food and Agricultural Code Section 4103
The California Science Center may establish a space-age museum in its building at Exposition Park in the City of Los Angeles.
- California Food and Agricultural Code Section 4104
(a) The Legislature hereby finds and declares that there is a need for a state repository dedicated to the diverse contributions of African-Americans to the...
- California Food and Agricultural Code Section 4105
Notwithstanding any other provision of law, from December 14 to December 21, inclusive, of any year, the California Science Center may not charge parking fees...
- California Food and Agricultural Code Section 4106
(a) The California Science Center shall work with the Los Angeles Memorial Coliseum Commission, the City of Los Angeles, and the County of Los Angeles...
- California Food and Agricultural Code Section 4107
Notwithstanding any other provision of law, a Member of the Legislature representing any district in Los Angeles County may be appointed as a director of...
- California Food and Agricultural Code Section 4108
The California Science Center shall establish the position of Exposition Park Manager to be filled by a person appointed by the Governor for the purpose...
- California Food and Agricultural Code Section 4131
The City and County of San Francisco may appropriate and pay over to the 1-A District Agricultural Association for the general uses and purposes of...
- California Food and Agricultural Code Section 4155
The 22nd District Agricultural Association may expend up to seven hundred fifty thousand dollars ($750,000) annually for the operation of a fair pursuant to Section...
- California Food and Agricultural Code Section 4156
The State Race Track Leasing Commission shall prepare a master plan for the long-range comprehensive development and improvement of, and construction upon, the property of...
- California Food and Agricultural Code Section 4157
The Director of Finance may enter into an agreement prior to September 1, 1976, with the State Race Track Leasing Commission and the 22nd District...
- California Food and Agricultural Code Section 4161
(a) The 25th District Agricultural Association may enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of...
- California Food and Agricultural Code Section 4162
The 25th District Agricultural Association may accept the donation of any real property suitable for the location of the Napa Center of Wine, Food, and...
- California Food and Agricultural Code Section 4163
(a) With the consent of the secretary, a nonprofit organization may hold an annual fair in lieu of the annual fair held by the 25th...
- California Food and Agricultural Code Section 4171
(a) Notwithstanding any other provision of law, the 50th District Agricultural Association, with the consent of the secretary, may enter into a joint powers agreement...
- California Food and Agricultural Code Section 4182
Notwithstanding any other provision of this code to the contrary, the 51st District Agricultural Association may enter into leases or joint operational agreements with any...
- California Food and Agricultural Code Section 4191
A city may not impose any tax, except a sales or use tax, on any association that represents more than one county and owns land...
- California Food and Agricultural Code Section 4192
The city and the association shall enter into an agreement for the provision of police and fire protection services to the association. This contract shall...
- California Food and Agricultural Code Section 4195
The fair site of the 54th District Agricultural Association shall be the property near the City of Blythe known as the Blythe Community Fair Grounds....
- California Food and Agricultural Code Section 4200
The Legislature finds and declares that the 52nd District Agricultural Association has contributed over three hundred thousand dollars ($300,000) towards the construction and development of...
- California Food and Agricultural Code Section 4201
(a) Notwithstanding any other provisions of law, the 52nd District Agricultural Association shall have the right to use each year, during its annual spring fair...
- California Food and Agricultural Code Section 4202
In the event of a dispute between the 52nd District Agricultural Association and the California Exposition and State Fair, the Division of Fairs and Expositions...
- California Food and Agricultural Code Section 4210
Notwithstanding any other provision of law, the directors of the 48th District Agricultural Association may not serve concurrently on another fair board.
- California Food and Agricultural Code Section 4251
Any association and any county may jointly construct a building to constitute a war memorial. The war memorial may be used for any purpose for...
- California Food and Agricultural Code Section 4252
The war memorial may be constructed and managed under such terms and conditions as may be agreed upon by the board of the association, with...
- California Food and Agricultural Code Section 4253
Any construction work which is done pursuant to an agreement shall be performed in accordance with, and subject to, Chapter 1 (commencing with Section 10100)...
- California Food and Agricultural Code Section 4301
It is unlawful for any person to sell or engage in the sale, upon any property of an association, of any ticket of admission or...
- California Food and Agricultural Code Section 4351
(a) There is hereby created the State Race Track Leasing Commission which shall be composed of the Director of Food and Agriculture, the Director of...
- California Food and Agricultural Code Section 4352
The Department of Finance shall provide clerical services to the commission. The Department of Food and Agriculture, the Department of General Services, and the California...
- California Food and Agricultural Code Section 4353
The State Race Track Leasing Commission may enter into leases or other agreements for the use of the Del Mar Race Track and any other...
- California Food and Agricultural Code Section 4356
The California Horse Racing Board shall, at the request of the commission, certify the eligibility of any prospective lessee or user of the property to...
- California Food and Agricultural Code Section 4357
The Attorney General shall serve as counsel for, and adviser to, the commission.
- California Food and Agricultural Code Section 4358
The commission shall follow the same procedures, insofar as appropriate, in leasing, or entering into agreements for the use of, the Del Mar Race Track...
- California Food and Agricultural Code Section 4359
If the commission makes a determination pursuant to this chapter as to the action it proposes to take in awarding the Del Mar Race Track...
- California Food and Agricultural Code Section 4360
After the award of a lease or entering into an agreement for the use of the Del Mar Race Track, the commission shall meet from...
- California Food and Agricultural Code Section 4361
The commission is a "department" for the purposes of hearings pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of...
- California Food and Agricultural Code Section 4362
The commission may enter into a joint powers agreement with the 22nd District Agricultural Association pursuant to Chapter 5 (commencing with Section 6500) of Division...
- California Food and Agricultural Code Section 4363
The State of California pledges to, and agrees with, the holders of any bonds, other indebtedness, or obligations for the financing of the improvements described...
- California Food and Agricultural Code Section 4401.5
(a) The director shall expend an amount not to exceed a total of one hundred thousand dollars ($100,000) in any fiscal year for any exhibit...
- California Food and Agricultural Code Section 4402
The department may expend funds appropriated by Section 22 of Chapter 1440 of the Statutes of 1985 in the 1985-86 and 1986-87 fiscal years for...
- California Food and Agricultural Code Section 4403
(a) A county fair, district agricultural association fair, or citrus fruit fair may expend funds for promotional and public relations purposes of the fair. (b)...
- California Food and Agricultural Code Section 4431
Except as otherwise provided in this chapter, on or after January 1, 1943, apportionments shall be made only to counties or district agricultural associations which...
- California Food and Agricultural Code Section 4432
Merced, Madera, Santa Cruz, and Solano Counties may each receive an apportionment although they held no fairs in the calendar year 1941 and the agricultural...
- California Food and Agricultural Code Section 4433
Marin County may receive an apportionment although that county held no fair in the calendar year 1941 and the agricultural association of the agricultural district...
- California Food and Agricultural Code Section 4434
A district agricultural association of a district created subsequent to January 1, 1943, may receive an apportionment.
- California Food and Agricultural Code Section 4435
A district agricultural association which did not receive an apportionment on the basis of the premiums which were paid at a fair that was held...
- California Food and Agricultural Code Section 4436
A district agricultural association which did not receive an apportionment on the basis of the premiums which were paid at a fair that was held...
- California Food and Agricultural Code Section 4437
A certified copy of the resolution shall be filed with the department.
- California Food and Agricultural Code Section 4438
After the board of supervisors adopts and files the resolution, the county is no longer eligible to receive any apportionment and the district agricultural association...
- California Food and Agricultural Code Section 4439
Within one year from and after the date the resolution is adopted, the county shall pay to the district agricultural association the unexpended balance of...
- California Food and Agricultural Code Section 4440
No apportionment shall be made for more than one fair in any one year in any county or district. The fair may be operated in...
- California Food and Agricultural Code Section 4441
A county or district agricultural association may contract with each other or with a county fair association to hold an agricultural fair without loss of...
- California Food and Agricultural Code Section 4442
No fair for which a separate appropriation is made by the state shall participate in the apportionment of any money appropriated for the encouragement of...
- California Food and Agricultural Code Section 4443
If a district agricultural association fair is conducted in any county of the state, no county fair, except a county fair which received apportionments prior...
- California Food and Agricultural Code Section 4444
No apportionment shall be made to any fair held in Sacramento County after January 1, 1948, other than a fair conducted by the California State...
- California Food and Agricultural Code Section 4461
Any funds that are appropriated for the encouragement of county, district agricultural association, or combined county and district agricultural association fairs which, pursuant to law,...
- California Food and Agricultural Code Section 4481
The county or district agricultural association shall deposit in a bank account or a deposit in a savings and loan association that is approved by...
- California Food and Agricultural Code Section 4482
Any expenditure shall be made pursuant to a budget which is submitted to the Department of Food and Agriculture and approved by the Department of...
- California Food and Agricultural Code Section 4483
Any expenditure by a county for construction and improvements is subject to Sections 25450 to 25463, inclusive, of the Government Code.
- California Food and Agricultural Code Section 4501
The department shall prescribe regulations for both of the following: (a) The judging of exhibits. (b) The maximum amount of premiums which may be offered...
- California Food and Agricultural Code Section 4502
The regulations are exempt from provisions of Section 11380 of the Government Code. They may, however, be filed with the Secretary of State pursuant to...
- California Food and Agricultural Code Section 4503
No fair shall receive any apportionment of funds pursuant to this part unless it complies with the regulations of the department.
- California Food and Agricultural Code Section 4504
The department may at any time examine the books and records of any fair to determine the correctness of any statement or report which is...
- California Food and Agricultural Code Section 4505
Every fair within the network of California fairs that conducts a fair for which any apportionment is sought shall file a detailed statement of its...
- California Food and Agricultural Code Section 4506
The department shall review the statements of operation which are filed by the several fairs pursuant to Section 4505. It shall consider such reports, statistics...
- California Food and Agricultural Code Section 4507
The department shall annually classify fairs which are required to file reports pursuant to Section 4505. The department shall annually request advice and recommendations for...
- California Food and Agricultural Code Section 4508
The classifications of fairs established pursuant to Section 4507 may be considered in determining the basis of compensation to fair managers of fairs that are...
- California Food and Agricultural Code Section 4509
The director shall submit the findings made under Section 4507 and the information he receives pursuant to Section 4508 to the Fair Budget Review Board,...
- California Food and Agricultural Code Section 4510
The department shall prepare a manual setting forth the powers, duties, and responsibilities of directors of county and citrus fruit fairs, and a separate manual...
- California Food and Agricultural Code Section 4511
(a) All county fairs and citrus fruit fairs shall, prior to entering into a carnival contract, do both of the following: (1) Notify all persons...
- California Food and Agricultural Code Section 4511.1
For the purposes of this chapter, "carnival" is defined as a company of transportable amusement rides, food and beverage units, and games that may have...
- California Food and Agricultural Code Section 4511.2
For the purposes of this chapter, "carnival workers" are defined as employees of a carnival.
- California Food and Agricultural Code Section 4511.5
If carnival incident or accident records are required as conditions to contracts between carnival contractors and district agricultural associations, county fairs, or citrus fruit fairs,...
- California Food and Agricultural Code Section 4512
(a) The department shall assist each fair in the development of a long-term maintenance schedule, subject to annual review by the department. The review is...
- California Food and Agricultural Code Section 4513
(a) The department may expend funds for promotional and public relations purposes for the California Exposition and State Fair. (b) The California Exposition and State...
- California Food and Agricultural Code Section 4531
The Fairs Allocation and Classification Committee is continued in existence. It consists of seven Members of the Senate and seven Members of the Assembly.
- California Food and Agricultural Code Section 4532
To the extent that it is feasible, appointments to the committee shall be so made that there is one Member of the Senate and one...
- California Food and Agricultural Code Section 4533
The committee shall, from time to time, elect its chairman and vice chairman. The committee may meet at any time, whether or not the Legislature...
- California Food and Agricultural Code Section 4534
(a) The committee shall investigate, study, and analyze, when it deems it necessary, any or all facts and matters relating to the operation and financing...
- California Food and Agricultural Code Section 4535
The committee shall report to the Legislature at the commencement of each regular session and may report to the Legislature at any time, including in...
- California Food and Agricultural Code Section 4601
Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- California Food and Agricultural Code Section 4602
"Association" means a nonprofit corporation organized and existing under the laws of this state for the purpose of and which engages in conducting and carrying...
- California Food and Agricultural Code Section 4603
"Citrus fruit fair" means any citrus fruit fair or citrus fruit fair and exposition which satisfies all of the following requirements: (a) Has been conducted...
- California Food and Agricultural Code Section 4651
The fair shall be deemed to be a fair and association within the meaning of Chapter 1 (commencing with Section 4401), Part 4 of this...
- California Food and Agricultural Code Section 4652
An association conducting a citrus fruit fair may receive and use, for the citrus fruit fair, any money which is appropriated for use of a...
- California Food and Agricultural Code Section 4701
An association that conducts and carries on any citrus fruit fair which is eligible to receive apportionments pursuant to Section 19626 of the Business and...
- California Food and Agricultural Code Section 4702
Upon dissolution of any such association, all of its property, after payment of outstanding debts, shall escheat to the state.
- California Food and Agricultural Code Section 4703
All property of any such association which is used exclusively in conducting citrus fruit fairs, and its recreational and cultural facilities which are of general...
- California Food and Agricultural Code Section 5001
Unless the context otherwise requires, the definitions in this article govern the construction of this division.
- California Food and Agricultural Code Section 5002
"Appliance" means any box, tray, container, ladder, tent, vehicle, implement, or any other article which is, or may be, used in connection with the growing,...
- California Food and Agricultural Code Section 5003
"Crop seed" means the seed or seedlike fruit of grain, beans, flax, beets, onions, or any other crop, whether or not it is intended for...
- California Food and Agricultural Code Section 5004
"Noxious weed" means any species of plant that is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or destructive to agriculture, silviculture, or important...
- California Food and Agricultural Code Section 5005
"Nursery stock" means any plant for planting, propagation, or ornamentation.
- California Food and Agricultural Code Section 5006
"Pest" means any of the following things that is, or is liable to be, dangerous or detrimental to the agricultural industry of the state: (a)...
- California Food and Agricultural Code Section 5007
"Plant" includes any part of a plant, tree, plant product, shrub, vine, fruit, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or...
- California Food and Agricultural Code Section 5008
"Shipment" means any article or thing which is, may be, or has been transported from one place to another place.
- California Food and Agricultural Code Section 5009
"Horticultural product" means those products as stated in Group Number 18 of the Standard Industrial Classification Manual which are grown under cover or outdoors, including...
- California Food and Agricultural Code Section 5010
Agricultural or farm products include any horticultural product.
- California Food and Agricultural Code Section 5011
Unless otherwise provided in this code, for the purposes of pest management, "crop" means a plant or animal, or a product derived from a plant...
- California Food and Agricultural Code Section 5012
Unless otherwise provided in this code, for the purposes of pest management, "forage" means food for domestic or other wild animals that is taken by...
- California Food and Agricultural Code Section 5021
Unless otherwise provided, any treatment which may be required pursuant to this division is at the risk and at the expense of the owner or...
- California Food and Agricultural Code Section 5022
This division shall not be construed to conflict with any other law which provides for the extermination or control of ground squirrels or other animal...
- California Food and Agricultural Code Section 5023
The commissioner, whenever necessary, may enter and make an inspection of any premises, plant, conveyance, or thing in his jurisdiction.
- California Food and Agricultural Code Section 5024
(a) The secretary or the commissioner shall, during the maintenance of any quarantine established by the secretary pursuant to Article 1 (commencing with Section 5301)...
- California Food and Agricultural Code Section 5025
The Regents of the University of California may collect and, subject to the provisions of Section 6305, import into this state from foreign countries, parasitic...
- California Food and Agricultural Code Section 5025.5
(a) The department, in consultation with the University of California, the United States Department of Agriculture, and members of the scientific community with expertise in...
- California Food and Agricultural Code Section 5026
(a) The director may overrule a local agency's ordinance or regulation where that ordinance or regulation would prevent or inhibit an eradication effort. The director...
- California Food and Agricultural Code Section 5027
Unless otherwise expressly provided, a violation of any provision of this division is a misdemeanor.
- California Food and Agricultural Code Section 5028
(a) Any person who intentionally violates any state or federal quarantine law or regulation is liable civilly as provided in Sections 5310 and 5311, and...
- California Food and Agricultural Code Section 5029
(a) The department, in consultation with the State Department of Health Services, shall design and implement a program to provide information to persons who reside...
- California Food and Agricultural Code Section 5030
Upon probable cause to believe a person buying, selling, or transporting a shipment of plant material intended to be marketed for commercial purposes is in...
- California Food and Agricultural Code Section 5031
It is unlawful for any person to knowingly falsify, misrepresent, or cause to be falsified or misrepresented, any information in a record intended to show...
- California Food and Agricultural Code Section 5032
The director or commissioner may compile information and make any necessary investigations relative to suspected violations of this division. The director or commissioner may call...
- California Food and Agricultural Code Section 5033
The person in custody of any records containing information required pursuant to Section 5030 shall exhibit those records upon a demand therefor by the director...
- California Food and Agricultural Code Section 5034
At the time of the hearing, the director or commissioner may take any of the following actions: (a) Administer oaths and take testimony. (b) Issue...
- California Food and Agricultural Code Section 5035
Any party that disobeys any order or subpoena of the director is subject to Section 11188 of the Government Code.
- California Food and Agricultural Code Section 5101
Each commissioner is an enforcing officer of all laws and regulations which relate to the prevention of the introduction into, or the spread within, the...
- California Food and Agricultural Code Section 5102
Each commissioner and each qualified representative of the commissioner is a state plant quarantine officer for the following purposes: (a) Certifying to the pest condition...
- California Food and Agricultural Code Section 5103
Any interested person that is aggrieved by any action or order of a commissioner may appeal in writing to the director within five days after...
- California Food and Agricultural Code Section 5104
The director shall hear any appeal from an action or order of a commissioner within 10 days after the receipt of the appeal upon notice...
- California Food and Agricultural Code Section 5105
Pending decision after appeal, action by the commissioner on the case under appeal shall be suspended by the director. The refusal of any commissioner to...
- California Food and Agricultural Code Section 5201
As used in this chapter, "certificate" means the certification by a commissioner, deputy commissioner, or inspector of the pest condition or treatment of any shipment...
- California Food and Agricultural Code Section 5202
The board of supervisors of any county may establish a schedule of fees for any or all classes of certificates to be paid by shippers...
- California Food and Agricultural Code Section 5203
No fee shall be charged for certification required by any law, regulation, or requirement of the United States or of this state or by any...
- California Food and Agricultural Code Section 5204
The schedule of fees for the certificates shall be based upon the approximate cost of the inspection.
- California Food and Agricultural Code Section 5205
A commissioner shall make such inspections as may be necessary to determine the facts which are required by the state or country of intended destination...
- California Food and Agricultural Code Section 5206
The board of supervisors of any county may designate any place within the county as a fumigation or treatment station for the purpose of enabling...
- California Food and Agricultural Code Section 5207
If the board of supervisors designates a place as a fumigation or treatment station, the commissioner shall inspect plant shipments at the stations, for shipment...
- California Food and Agricultural Code Section 5208
It is unlawful for any person to alter, deface, or wrongfully use a certificate issued pursuant to any provision of this division.
- California Food and Agricultural Code Section 5209
(a) Except as provided in subdivision (b), any violation of this chapter is an infraction punishable by a fine of seventy-five dollars ($75) for the...
- California Food and Agricultural Code Section 5251
Upon the discovery of any pest, the director shall immediately report the discovery to the commissioner of the county in which the pest is found.
- California Food and Agricultural Code Section 5252
The director shall furnish to the commissioner a statement as to the best known means or methods for eradicating or controlling the discovered pest and...
- California Food and Agricultural Code Section 5253
The commissioner shall disseminate all or any portion of the statement in whatever manner he may deem is best suited to inform persons that own...
- California Food and Agricultural Code Section 5254
In any county where there is no commissioner, or if the director finds that the commissioner has failed or neglected to use all reasonable means...
- California Food and Agricultural Code Section 5255
In any proceeding which is commenced pursuant to Section 5254, any duty, jurisdiction, or authority which is conferred on the commissioner by this division is...
- California Food and Agricultural Code Section 5260
The Legislature hereby finds and declares all of the following: (a) Global travel, global trade, and climate change are introducing invasive animals, plants, insects, and...
- California Food and Agricultural Code Section 5260.5
For purposes of this chapter, "invasive pests" means animals, plants, insects, and plant and animal diseases or groups of those animals, plants, insects, and plant...
- California Food and Agricultural Code Section 5261
The department shall develop and maintain a list of invasive pests that have a reasonable likelihood of entering California for which a detection, exclusion, eradication,...
- California Food and Agricultural Code Section 5262
(a) Based on available funding, the department shall develop and maintain a written plan on the most appropriate options for detection, exclusion, eradication, control, or...
- California Food and Agricultural Code Section 5263
If the department determines that an invasive pest identified on the list developed pursuant to Section 5261 has entered the state, the department shall notify...
- California Food and Agricultural Code Section 5264
If the department determines that an invasive pest has entered the state and the urban aerial application of a pesticide, or a communitywide ground application...
- California Food and Agricultural Code Section 5265
If the department determines that an invasive pest has entered the state, and an urban aerial application of a pesticide, or a communitywide ground application...
- California Food and Agricultural Code Section 5266
This program established by this chapter may only be funded with federal funds.
- California Food and Agricultural Code Section 5267
This chapter does not apply to the following: (a) The State Department of Public Health and local vector control agencies providing services in accordance with...
- California Food and Agricultural Code Section 5301
The director may establish, maintain, and enforce such quarantine regulations as he deems necessary to protect the agricultural industry of this state from pests. The...
- California Food and Agricultural Code Section 5302
The director may make and enforce such regulations as he deems necessary to prevent any plant or thing which is, or is liable to be,...
- California Food and Agricultural Code Section 5303
All quarantine regulations which involve another state, territory, district, or foreign country shall be made by the director. The regulations shall be approved and proclaimed...
- California Food and Agricultural Code Section 5304
The proclamation shall be signed in duplicate. The original shall be filed in the office of the Secretary of State and a copy in the...
- California Food and Agricultural Code Section 5305
A quarantine shall not be established by one county, city, district, or other public agency, against another county, city, district, or public agency, on account...
- California Food and Agricultural Code Section 5306
(a) It is unlawful for any person to refuse to comply with any quarantine regulation which is established by the director pursuant to this division....
- California Food and Agricultural Code Section 5307
It is unlawful for any person, who is employed by any agency or institution that is supported or financed from public funds, willfully or knowingly...
- California Food and Agricultural Code Section 5308
If there are any authorities or officers of the United States that are authorized to act with respect to any quarantine regulations that are established...
- California Food and Agricultural Code Section 5309
Any violation of this chapter by any person, or an agent of any person, is an infraction, punishable by a fine of not more than...
- California Food and Agricultural Code Section 5310
(a) In addition to any other penalties prescribed in this division, any person who violates this division or any regulation adopted pursuant to this division...
- California Food and Agricultural Code Section 5311
(a) In lieu of any civil action pursuant to Section 5310, except as provided in Article 5 (commencing with Section 5781) of Chapter 8, the...
- California Food and Agricultural Code Section 5312
After the exhaustion of the appeal and review procedures provided in Section 5311, the commissioner or his or her representative may file a certified copy...
- California Food and Agricultural Code Section 5321
If the director receives information of the existence of any pest which is not generally distributed within this state, he shall thoroughly investigate the existence...
- California Food and Agricultural Code Section 5322
The director may establish, maintain, and enforce quarantine, eradication, and such other regulations as are in his or her opinion necessary to circumscribe and exterminate...
- California Food and Agricultural Code Section 5323
This division and the regulations which are established pursuant to this division are of a statewide interest and concern and are intended to occupy the...
- California Food and Agricultural Code Section 5341
To prevent the introduction into, or the spread within this state, of pests, the director shall maintain at such places within this state as he...
- California Food and Agricultural Code Section 5341.5
(a) Every operator of a motor vehicle entering the state with a shipment of any agricultural commodity shall cause the vehicle and the shipment to...
- California Food and Agricultural Code Section 5342
Plant quarantine officers at plant quarantine inspection stations may ascertain the origin, quantity, and kinds of meat and meat products, poultry and poultry products, eggs,...
- California Food and Agricultural Code Section 5343
The director shall cause conspicuous signs to be erected at or near each inspection station which disclose the existence of the station.
- California Food and Agricultural Code Section 5343.5
At any inspection station maintained at or near the California border by the director pursuant to Section 5341, the following sign shall be conspicuously posted...
- California Food and Agricultural Code Section 5344
(a) It is unlawful for the operator of any vehicle to fail to stop the vehicle at an inspection station or to willfully avoid an...
- California Food and Agricultural Code Section 5345
It is unlawful for any person to operate upon any highway in this state any vehicle which, in violation of Section 5344, was not stopped...
- California Food and Agricultural Code Section 5346
(a) It is unlawful for any person to conceal any plant from any plant quarantine officer or to fail to present it or any quarantined...
- California Food and Agricultural Code Section 5348
Plant quarantine officers, and officers of the California Highway Patrol, are authorized to cite persons for any violation of this article.
- California Food and Agricultural Code Section 5349
(a) It is unlawful for the operator of a vehicle to intentionally route the vehicle and travel on that route in order to prevent the...
- California Food and Agricultural Code Section 5350
(a) The director shall establish a program for the inspection of conveyances entering California through airport and maritime facilities to prevent the introduction into, or...
- California Food and Agricultural Code Section 5350.5
(a) The director may establish a task force comprised of representatives of the following industries: (1) Air common carriers. (2) Port authorities. (3) Maritime common...
- California Food and Agricultural Code Section 5351
(a) The director shall levy a service charge, to the extent authorized by subsection (b) of Section 1513 of Title 49 of the United States...
- California Food and Agricultural Code Section 5352
To the extent permitted by federal law, the director shall levy a fee on commercial marine carriers, based on the schedule established pursuant to Section...
- California Food and Agricultural Code Section 5353
(a) Each air carrier or foreign air carrier engaged in foreign air commerce which carries animals or plants or other materials which are, or are...
- California Food and Agricultural Code Section 5401
Any premises, plants, conveyances or things which are infected or infested with any pest, or premises where any pest is found, are a public nuisance,...
- California Food and Agricultural Code Section 5402
It is unlawful for any person to maintain such a public nuisance. The remedies which are provided by this article are in addition to any...
- California Food and Agricultural Code Section 5403
If, after service of notice pursuant to this chapter a public nuisance is not abated within the time which is specified in the notice, the...
- California Food and Agricultural Code Section 5404
(a) If, after service of the notice pursuant to this chapter, the commissioner determines that the nuisance constitutes an immediate hazard to adjoining or nearby...
- California Food and Agricultural Code Section 5405
The board of supervisors of any county may authorize the commissioner to contract with any state or federal agency, public corporation for municipal purposes, or...
- California Food and Agricultural Code Section 5421
If the commissioner finds, after inspection, that any premises, plant, conveyance, or thing in his jurisdiction is infected or infested with any pest, he may...
- California Food and Agricultural Code Section 5422
The notice may be served upon the record owner or person having charge or possession of the premises, plant, conveyance, or thing infected or infested...
- California Food and Agricultural Code Section 5423
If no person upon whom service may be had, can, after diligent search be found within the county, the notice may be served by posting...
- California Food and Agricultural Code Section 5424
If the address of the owner is not known, and cannot be ascertained by the exercise of reasonable diligence, a copy of the notice shall...
- California Food and Agricultural Code Section 5425
The commissioner may record a copy of any notice that is served and may mail a copy of the notice to the person that appears...
- California Food and Agricultural Code Section 5426
If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown...
- California Food and Agricultural Code Section 5427
If the eradication, control, or destruction of the pest is undertaken by the commissioner pursuant to Section 5403, the notice shall be recorded.
- California Food and Agricultural Code Section 5428
The recorded notice is, from the date of recording, a lien against the property which is described in the notice for the expense that is...
- California Food and Agricultural Code Section 5429
The expense of the abatement by the commissioner is a county charge which is payable out of county funds.
- California Food and Agricultural Code Section 5430
If the notice to abate is recorded before the commissioner incurs the expense of abatement, the amount which is incurred or expended by the county...
- California Food and Agricultural Code Section 5431
A notice which sets forth the amount expended shall be recorded within 30 days after the date of payment of the last item of expense...
- California Food and Agricultural Code Section 5432
If a copy of the notice to abate a public nuisance, as described in Section 5401, is recorded and a copy is served upon or...
- California Food and Agricultural Code Section 5433
If the sum which is secured by lien is not repaid to the county within 80 days from the recording of the amount of the...
- California Food and Agricultural Code Section 5434
Except as provided in Article 3 (commencing with Section 5461) of this chapter, the district attorney of the county which makes payment of the abatement...
- California Food and Agricultural Code Section 5435
(a) If, after foreclosure, the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien...
- California Food and Agricultural Code Section 5436
If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice which is required by Section 5431, the lien...
- California Food and Agricultural Code Section 5461
If any pest is found to exist upon any property which has been deeded to the state for nonpayment of taxes, the notice of abatement...
- California Food and Agricultural Code Section 5462
If the expense of abatement becomes a lien on such property, as provided in Sections 5429 to 5432, inclusive, and the property is redeemed or...
- California Food and Agricultural Code Section 5463
If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist.
- California Food and Agricultural Code Section 5464
If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien...
- California Food and Agricultural Code Section 5491
If any pest is found to exist in any public park or along any street, highway, or other property which is subject to the control...
- California Food and Agricultural Code Section 5492
If any pest is found to exist in any park or along any street, highway, right-of-way, or other property which is subject to the control...
- California Food and Agricultural Code Section 5493
If any pest is found to exist upon any property which is subject to the control of any irrigation, drainage, flood control, reclamation, or levee...
- California Food and Agricultural Code Section 5494
If any pest is found to exist in or on any irrigation canal or ditch, including its lateral banks, which is not subject to the...
- California Food and Agricultural Code Section 5501
This chapter shall be known and may be cited as the Property Owners' Roadside Vegetation Control Information Act of 1991.
- California Food and Agricultural Code Section 5502
The following definitions shall govern the construction of this chapter: (a) "Agency" means an agency of state government that has responsibility for roadside vegetation control...
- California Food and Agricultural Code Section 5503
The Legislature hereby finds and declares all of the following: (a) The unannounced and poorly coordinated use of pesticides to control roadside vegetation has too...
- California Food and Agricultural Code Section 5504
An agency shall promptly provide any or all of the following information to a property owner who so requests: (a) The date on which the...
- California Food and Agricultural Code Section 5505
The agency shall not conduct a roadside vegetation control operation on that portion of the roadway for which a property owner has made a request...
- California Food and Agricultural Code Section 5506
(a) Within 30 days of receipt of the information required to be provided pursuant to Section 5504, the property owner may request a meeting with...
- California Food and Agricultural Code Section 5507
If the property owner does not carry out the terms of any agreement entered into pursuant to paragraph (4) of subdivision (d) of Section 5506,...
- California Food and Agricultural Code Section 5508
This chapter shall be liberally construed to accomplish its purposes and objectives.
- California Food and Agricultural Code Section 5509
Any property owner affected by the decision of the agency made pursuant to this chapter may bring an action for writ of mandamus challenging the...
- California Food and Agricultural Code Section 5551
Any neglected or abandoned plant or crop is a public nuisance in any of the following circumstances: (a) It is a menace to the agriculture...
- California Food and Agricultural Code Section 5552
Any cotton plant which is uncultivated or that is left from a previous season is presumed to harbor pests and as such is a public...
- California Food and Agricultural Code Section 5553
It is unlawful for any person to maintain any neglected or abandoned plant or crop which is a public nuisance.
- California Food and Agricultural Code Section 5554
All remedies for the prevention or abatement of nuisances apply to any such nuisance.
- California Food and Agricultural Code Section 5555
If, after service of the notice pursuant to Article 1.5 (commencing with Section 5561) the nuisance is not abated within the time prescribed in the...
- California Food and Agricultural Code Section 5561
The commissioner shall, in writing, notify the record owner or person in charge of any property having an abandoned or neglected plant or crop which...
- California Food and Agricultural Code Section 5562
The notice required by this article shall set forth all of the following: (a) A description of the property. (b) The name of the owner...
- California Food and Agricultural Code Section 5563
The commissioner shall, in addition to the notice required by this article, advise the owner that, unless the abandoned or neglected plant or crop is...
- California Food and Agricultural Code Section 5564
This article shall not prevent the commissioner from proceeding under any other provision of law for the purpose of abating a nuisance that constitutes an...
- California Food and Agricultural Code Section 5571
If the commissioner of any county determines by inspection that there is a condition which constitutes a nuisance, as defined in Section 5551 or 5552,...
- California Food and Agricultural Code Section 5572
Whenever the district attorney receives a report from the commissioner, he shall, on the basis of the report, prepare a petition to the superior court...
- California Food and Agricultural Code Section 5573
The petition shall set forth all of the following: (a) A description of the property. (b) The name of the owner or person that is...
- California Food and Agricultural Code Section 5574
Upon the filing of the petition, the court shall issue a citation which requires that the owner or person that is in charge or in...
- California Food and Agricultural Code Section 5575
A copy of the citation, together with a copy of the petition, shall be served upon the record owner or upon the person that is...
- California Food and Agricultural Code Section 5576
A copy of the citation, together with a copy of the petition, may also be served upon any person that appears of record to be...
- California Food and Agricultural Code Section 5577
If the property upon which the neglected or abandoned plant or crop exists has been deeded to the state for nonpayment of taxes, a copy...
- California Food and Agricultural Code Section 5578
The service of the petition and citation may be personal, by delivery to the party on whom service is required to be made.
- California Food and Agricultural Code Section 5579
If the party upon whom service is required to be made resides within the county, service may be made by leaving a copy of the...
- California Food and Agricultural Code Section 5580
If the party upon whom service is required to be made does not reside within the county, service of the petition and citation may be...
- California Food and Agricultural Code Section 5581
Service of the petition and citation by mail shall be made pursuant to the Code of Civil Procedure.
- California Food and Agricultural Code Section 5601
On the day on which the citation is made returnable, the court shall hear the cause and decide whether or not the neglected or abandoned...
- California Food and Agricultural Code Section 5602
If the court is satisfied that the conditions which are set forth in the petition exist on the property and that the removal or destruction...
- California Food and Agricultural Code Section 5603
The order to remove or destroy the neglected or abandoned plant or crop shall be served by the commissioner, or by any person who is...
- California Food and Agricultural Code Section 5604
If the order is not complied with within the time which is specified in the order, the commissioner shall cause the removal or destruction of...
- California Food and Agricultural Code Section 5605
Any person that fails to comply with any lawful order of the court which is made and served pursuant to the provisions of this article...
- California Food and Agricultural Code Section 5631
If the removal or destruction of any neglected or abandoned plant or crop which is a public nuisance as defined in Section 5551 or 5552,...
- California Food and Agricultural Code Section 5632
From the date of the recording, the land which is described in the notice is subject to a lien for any expense which is incurred...
- California Food and Agricultural Code Section 5633
The commissioner shall keep an account of the cost of the removal or destruction and shall render an itemized report of the cost to the...
- California Food and Agricultural Code Section 5634
The expense of the removal or destruction is a county charge which is payable out of county funds.
- California Food and Agricultural Code Section 5636
A notice which sets forth the amount which has been expended for the removal or destruction of any neglected or abandoned plant or crop which...
- California Food and Agricultural Code Section 5637
The lien is superior to all encumbrances, existing and future, except liens for taxes and assessments, if a copy of the notice of lien is...
- California Food and Agricultural Code Section 5638
If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown...
- California Food and Agricultural Code Section 5639
If the sum which is secured by the lien is not repaid to the county within 80 days from the recording of the amount of...
- California Food and Agricultural Code Section 5640
Except as provided in Section 5643, the district attorney of the county which makes the payment for the expense of eradication or destruction shall, within...
- California Food and Agricultural Code Section 5641
(a) If, after foreclosure the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien...
- California Food and Agricultural Code Section 5642
If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice of lien, the lien ceases to exist.
- California Food and Agricultural Code Section 5643
If the expense of removal or destruction of any abandoned plant or crop becomes a lien on property which has been deeded to the state...
- California Food and Agricultural Code Section 5644
If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist.
- California Food and Agricultural Code Section 5645
If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien...
- California Food and Agricultural Code Section 5701
(a) If any pest exists on any premises, the director or the commissioner may hold any plant or other host or possible carrier which is,...
- California Food and Agricultural Code Section 5702
If, in the opinion of the director or commissioner, the plant or other host or possible carrier is not infested or infected with the pest,...
- California Food and Agricultural Code Section 5703
This article does not affect any other authority which is granted to a commissioner by Chapter 3 (commencing with Section 6501), Part 2 of this
- California Food and Agricultural Code Section 5704
It is unlawful for any person to move any plant or other host or possible carrier from the premises on which a hold notice has...
- California Food and Agricultural Code Section 5705
(a) The director or commissioner may enter into compliance agreements with any person which provide for the movement of hosts or other possible carriers of...
- California Food and Agricultural Code Section 5721
If the director by regulation designates any plant, appliance, or other thing as liable to be infected or infested with any pest, and provides for...
- California Food and Agricultural Code Section 5722
The commissioner of the county of destination may waive the notification and holding for inspection of any shipment which bears a certificate of cleanliness or...
- California Food and Agricultural Code Section 5723
This article is not applicable to seed which is intended for planting purposes or to other nursery stock.
- California Food and Agricultural Code Section 5741
To prevent the dissemination of pests through the agency of appliances, the director may from time to time publish a list of such pests which...
- California Food and Agricultural Code Section 5742
Except as otherwise provided in Section 5744, it is unlawful for any person to ship or move any used appliances unless there is furnished to...
- California Food and Agricultural Code Section 5743
The commissioner of the county of destination shall refuse entry of the used appliances until the proof required in Section 5742 is furnished.
- California Food and Agricultural Code Section 5744
The used appliances may be moved to a place which is designated by the commissioner for treatment under his supervision.
- California Food and Agricultural Code Section 5761
The regulations which are adopted pursuant to Article 2 (commencing with Section 5321) of Chapter 5, Part 1 of this division may proclaim any portion...
- California Food and Agricultural Code Section 5762
Any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises,...
- California Food and Agricultural Code Section 5763
The director, or the commissioner acting under the supervision and direction of the director, in a summary manner, may disinfect or take such other action,...
- California Food and Agricultural Code Section 5764
If an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is...
- California Food and Agricultural Code Section 5771
When the secretary proclaims an eradication project in an urban area pursuant to Article 4 (commencing with Section 5761), where the eradication plan includes potential...
- California Food and Agricultural Code Section 5772
The notice shall be delivered at least 72 hours prior to applying the economic poison. When the application of a pesticide is to be made...
- California Food and Agricultural Code Section 5773
The notice shall be delivered to each residential unit in the treatment area. The notice shall also be mailed by first-class mail to each physician...
- California Food and Agricultural Code Section 5774
The notice shall be delivered by hand distribution whenever practicable. If it is not practicable to provide notice by hand distribution, then notice may be...
- California Food and Agricultural Code Section 5774.5
In addition to any other notice requirements of this article, if the secretary determines that it may become necessary to use aerial application of a...
- California Food and Agricultural Code Section 5775
If the date of a pesticide application is changed, the notice required by this article shall be redistributed and contain the revised information. Additionally, the...
- California Food and Agricultural Code Section 5776
The notice distributed pursuant to this article shall contain all of the following: (a) The likely date or dates and approximate time or times of...
- California Food and Agricultural Code Section 5777
The notice, other than the notice specified in Section 5774.5, shall be in both English and in any other language in a city or county...
- California Food and Agricultural Code Section 5778
In every county that contains an eradication area in which a pesticide is used in the eradication effort, the department shall establish and operate a...
- California Food and Agricultural Code Section 5779
For pesticide applications other than by air, the procedures in this article may be followed subject to the discretion of the director as to their
- California Food and Agricultural Code Section 5780
No agency of the state or county shall be liable in any civil actions arising from the administration of this article if the director or...
- California Food and Agricultural Code Section 5781
If the director determines that a particular pest, either within the state or from any area which is adjacent to the state, cannot be eradicated...
- California Food and Agricultural Code Section 5782
During the existence of a host-free period or host-free district which is established by regulations of the director, any host which is planted, growing, or...
- California Food and Agricultural Code Section 5783
It is unlawful for any person to plant, grow, cultivate, or maintain any host which is described in any regulation of the director that establishes...
- California Food and Agricultural Code Section 5784
(a) The regulations adopted by the director upon the establishment of a cotton host-free period or district for a particular pest shall, insofar as practical,...
- California Food and Agricultural Code Section 5785
(a) Celery which is being produced in violation of a host-free period or district adopted pursuant to this article is a nuisance. (b) The commissioner...
- California Food and Agricultural Code Section 5786
(a) The Legislature finds that any cotton plants and parts thereof not in compliance with any cotton plowdown dates adopted pursuant to this article constitutes...
- California Food and Agricultural Code Section 5801
If the director, after investigation and hearing, determines that any kind or variety of plant is generally infected with a virus or mycoplasma-like disease that...
- California Food and Agricultural Code Section 5802
If a source of any prohibited or restricted kind or variety of plant has been demonstrated to be free of dangerous or detrimental viruses or...
- California Food and Agricultural Code Section 5803
It is unlawful for any person to bud, graft, or otherwise propagate or grow any fruit or nut tree or vine in violation of any...
- California Food and Agricultural Code Section 5821
The director, for the purpose of promoting and protecting the agricultural industry of the state, may, upon request, inspect plants and the premises upon or...
- California Food and Agricultural Code Section 5822
The director may do any of the following: (a) Certify as to the pest freedom of plants which may have been inspected or registered or...
- California Food and Agricultural Code Section 5823
The director may also establish and enforce regulations which are necessary to carry out the purposes of this article.
- California Food and Agricultural Code Section 5824
The cost of any service which is rendered pursuant to this article shall be paid from the Department of Food and Agriculture Fund out of...
- California Food and Agricultural Code Section 5825
The services which are authorized by this article shall not duplicate services which are being rendered by commissioners.
- California Food and Agricultural Code Section 5826
It is unlawful for any person to alter, deface, or misuse any statement of registry, certificate, label, or tag which is issued pursuant to this
- California Food and Agricultural Code Section 5827
Any money which is received by the department pursuant to this article shall be paid into the State Treasury and be credited to the Department...
- California Food and Agricultural Code Section 5850
The Legislature finds and declares all of the following: (a) Enhancing global business and trade is in the economic interest of the state. (b) Domestic...
- California Food and Agricultural Code Section 5851
It is the intent of the Legislature, in enacting this article, to enhance the state's business and trade opportunities by authorizing the department to do...
- California Food and Agricultural Code Section 5852
(a) The department may provide, upon request, nonregulatory accreditation, analytical, certification, diagnostic, inspection, quality assurance, testing, and other nonregulatory services relating to nursery stock, plants,...
- California Food and Agricultural Code Section 5901
To provide for the eradication of the citrus white fly, the director may by proclamation declare any portion of the state where the citrus white...
- California Food and Agricultural Code Section 5902
The proclamation shall state both of the following: (a) The existence of the citrus white fly district. (b) The description of the boundaries of the
- California Food and Agricultural Code Section 5903
The director shall print a copy of the proclamation in one or more papers of general circulation in the infested district.
- California Food and Agricultural Code Section 5904
Every plant within a citrus white fly district which is infested with citrus white fly or with the eggs, larvae, or pupae of the citrus...
- California Food and Agricultural Code Section 5905
The existence of any known host plant of citrus white fly within the boundaries of the district is reasonable cause to believe the host plant...
- California Food and Agricultural Code Section 5906
The department and the commissioners may cause the destruction of any host plant of the citrus white fly in a summary manner.
- California Food and Agricultural Code Section 5907
If, in the opinion of the enforcing officer, the host plant may be treated in a manner to destroy all citrus white flies or the...
- California Food and Agricultural Code Section 5911
(a) The Legislature hereby finds and declares that the citrus killing diseases, Huanglongbing, citrus leprosis, citrus variegated chlorosis, and citrus canker, and the associated vectors...
- California Food and Agricultural Code Section 5912
Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) "Carton" means a unit equivalent to 40 pounds of...
- California Food and Agricultural Code Section 5913
(a) There is hereby created the Citrus Disease Management Account in the Department of Food and Agriculture Fund. (b) The Citrus Disease Management Account shall...
- California Food and Agricultural Code Section 5914
(a) There is hereby created in the department the California Citrus Pest and Disease Prevention Committee. (b) The committee shall be composed of 17 members....
- California Food and Agricultural Code Section 5915
(a) The powers and duties of the committee are limited to activities involving the producers of citrus fruit and residential owners of citrus fruit or...
- California Food and Agricultural Code Section 5916
(a) Upon receipt of a recommendation from the committee for the adoption of regulations, the secretary shall do one of the following within 30 working...
- California Food and Agricultural Code Section 5917
No member or agent of the committee shall be personally liable for the actions of the committee or the department. No member or agent of...
- California Food and Agricultural Code Section 5918
The committee shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this...
- California Food and Agricultural Code Section 5919
(a) During the first marketing season, beginning February 1, 2010, and ending September 30, 2010, the monthly assessment to be paid by producers shall be...
- California Food and Agricultural Code Section 5920
(a) Upon establishment of a disease prevention program, any handler who does not file the required monthly assessment report and assessments by the 10th day...
- California Food and Agricultural Code Section 5921
No later than June 30, 2013, the secretary shall hold one or more public hearings to determine whether the operation of this article should be...
- California Food and Agricultural Code Section 5922
(a) If the secretary finds after the hearing that a substantial question of opposition exists among affected producers under this article regarding whether the operation...
- California Food and Agricultural Code Section 5923
For the purpose of voting in the referendum required in Section 5922, only a producer required to pay the assessment pursuant to Section 5919 shall...
- California Food and Agricultural Code Section 5924
In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of producers from the...
- California Food and Agricultural Code Section 5925
The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days...
- California Food and Agricultural Code Section 5926
Nonreceipt of a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 5927
(a) If the secretary finds that a favorable vote has not been given as provided in this article, this article shall become inoperative within one...
- California Food and Agricultural Code Section 5928
Upon termination of this article, and based upon a recommendation of the committee subject to approval by the secretary, any collected assessments not required to...
- California Food and Agricultural Code Section 5930
No later than July 1, 2011, the committee, in consultation with the department, shall enter into a memorandum of understanding with citrus pest control districts...
- California Food and Agricultural Code Section 5931
In the event the committee and the citrus pest control districts do not agree on the terms of the memorandum of understanding as prescribed in...
- California Food and Agricultural Code Section 5940
(a) The provisions of this article are severable. (b) If any provision of this article or its application is held invalid, that invalidity shall not...
- California Food and Agricultural Code Section 5951
The Legislature hereby finds and declares all of the following: (a) The introduction of Mexican fruit flies into California presents a serious threat to California's...
- California Food and Agricultural Code Section 5952
The director may establish and operate a facility outside of this state to produce sterile Mexican fruit flies or enter into an agreement with any...
- California Food and Agricultural Code Section 5953
Any contract entered into by the department to determine the appropriate location, select a suitable facility, or prepare preliminary plans and working drawings is exempt...
- California Food and Agricultural Code Section 6001
It is hereby declared that the cotton industry of this state is threatened with the invasion of cotton boll weevil and pink bollworm of cotton....
- California Food and Agricultural Code Section 6002
The director, or an entity designated by the Cotton Pest Control Board, may contract with the United States Department of Agriculture for the purpose of...
- California Food and Agricultural Code Section 6003
"First handler" means the first person who, as owner, agent, or broker, purchases, or otherwise acquires from a grower, possession or control of cotton.
- California Food and Agricultural Code Section 6005
(a) Every grower of cotton in the state shall pay a fee of three dollars ($3) for each bale of cotton ginned or for each...
- California Food and Agricultural Code Section 6006
The director shall appoint a Cotton Pest Control Board, consisting of 10 members, to assist and advise him or her on matters which pertain to...
- California Food and Agricultural Code Section 6006.5
It is hereby declared, as a matter of legislative determination, that cottongrowers appointed to the Cotton Pest Control Board pursuant to this article are intended...
- California Food and Agricultural Code Section 6006.6
Any decision made by the Cotton Pest Control Board which results in an entity other than the department administering this article shall be made not...
- California Food and Agricultural Code Section 6021
If the director receives a report from the executive officer of the State Department of Health Services which states that field rodents in a certain...
- California Food and Agricultural Code Section 6022
The commissioner shall cooperate in suppressing field rodents and insects, or other associated vectors of rodent-borne diseases transmissible and injurious to humans.
- California Food and Agricultural Code Section 6023
The director shall cooperate by entering into an agreement pursuant to Section 482 for the purpose of suppressing the field rodents and insects or other...
- California Food and Agricultural Code Section 6024
In order to carry out the purposes of this article, the director or commissioner may enter upon any and all premises within any reported area...
- California Food and Agricultural Code Section 6025
The Legislature hereby finds and declares all of the following: (a) The continued viability of the agricultural economy is of paramount importance to the people...
- California Food and Agricultural Code Section 6025.2
For purposes of this article, "vertebrate pest" means any specie of mammal, bird, reptile, amphibian, or fish that causes damage to agricultural, natural, or industrial...
- California Food and Agricultural Code Section 6025.3
For purposes of this article, "research" means basic and applied research. Basic research is experimental or theoretical work undertaken primarily to acquire new knowledge of...
- California Food and Agricultural Code Section 6025.4
(a) Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are...
- California Food and Agricultural Code Section 6025.5
(a) The secretary shall establish and administer a research program to control vertebrate pests that pose a significant threat to the welfare of the state's...
- California Food and Agricultural Code Section 6026
The secretary shall establish the Vertebrate Pest Control Research Advisory Committee consisting of the following members, appointed by the secretary, to serve at the pleasure...
- California Food and Agricultural Code Section 6026.5
On or before December 31 of each year, the committee shall recommend to the secretary priorities for conducting various vertebrate pest control research projects and...
- California Food and Agricultural Code Section 6027
There is hereby created the Vertebrate Pest Control Research Account in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the Government Code,...
- California Food and Agricultural Code Section 6027.1
Expenditure of funds pursuant to this article shall be limited to the following: (a) Reasonable administrative and operational expenses of the committee and the department,...
- California Food and Agricultural Code Section 6027.5
During the calendar year, each commissioner shall pay to the secretary a fee not to exceed fifty cents ($0.50) per pound of vertebrate pest control...
- California Food and Agricultural Code Section 6028
The assessment payments required pursuant to Section 6027.5, together with a report of the amount of vertebrate pest control materials sold, distributed, or applied during...
- California Food and Agricultural Code Section 6029
This article shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, which is...
- California Food and Agricultural Code Section 6031
The necessity of controlling beet leafhopper, the only known vector of the curly top virus, is recognized by the Legislature as being in the public...
- California Food and Agricultural Code Section 6032
As used in this article "handler" means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to...
- California Food and Agricultural Code Section 6033
Except as otherwise provided in this article, the assessment collected from producers by handlers or due from producer-handlers shall be paid by the handlers or...
- California Food and Agricultural Code Section 6033.5
(a) Any assessment that is imposed on the producer pursuant to this article is a personal debt of the producer. (b) Every handler or producer-handler...
- California Food and Agricultural Code Section 6034
For the purpose of assessment, the following districts are established: District I, Imperial and Riverside Counties; District II, Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus,...
- California Food and Agricultural Code Section 6035
The secretary may establish the rate of assessment by district and crop and may adjust the assessment rate from time to time, whenever necessary as...
- California Food and Agricultural Code Section 6036
The assessment rate may vary from district to district and from crop to crop based on the degree of vulnerability to damage from curly top...
- California Food and Agricultural Code Section 6037
Any money which is received by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be...
- California Food and Agricultural Code Section 6038
The director may receive moneys from other sources for this program, which shall be deposited into the Department of Food and Agriculture Fund and used...
- California Food and Agricultural Code Section 6039
The secretary shall appoint a Curly Top Virus Control Board consisting of nine members. The membership shall consist of at least one representative of each...
- California Food and Agricultural Code Section 6039.5
It is hereby declared, as a matter of legislative determination, that persons appointed to the Curly Top Virus Control Board pursuant to Section 6039 are...
- California Food and Agricultural Code Section 6040
Board members shall serve at the pleasure of the secretary.
- California Food and Agricultural Code Section 6041
(a) Except as provided in subdivision (b), the board shall be advisory to the secretary and may make recommendations on all matters pertaining to this...
- California Food and Agricultural Code Section 6042
The board shall meet at the call of its chairman or the secretary or at the request of any three members of the board. The...
- California Food and Agricultural Code Section 6043
Upon termination of this article, any remaining funds received pursuant to this article shall be refunded on a pro rata basis to all persons from...
- California Food and Agricultural Code Section 6045
(a) The Legislature hereby finds and declares that the plant killing bacterium, Xyella Fastidiosa and the resulting pathogen, Pierce's disease, and its vectors present a...
- California Food and Agricultural Code Section 6046
(a) There is hereby created in the department the Pierce's Disease Control Program. (b) The Governor shall appoint a statewide coordinator, and the secretary shall...
- California Food and Agricultural Code Section 6047
The secretary may establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in this article as may be necessary to...
- California Food and Agricultural Code Section 6047.1
The Legislature finds and declares the following: (a) The state's agricultural business economy could be seriously damaged if measures are not taken to prevent the...
- California Food and Agricultural Code Section 6047.2
For the purposes of this article, the following definitions shall govern its construction: (a) "Board" means the Pierce's Disease and Glassy-winged Sharpshooter Board. (b) "Department"...
- California Food and Agricultural Code Section 6047.3
(a) Within 90 days after the effective date of this section, the secretary shall create in the department the Pierce's Disease and Glassy-winged Sharpshooter Board,...
- California Food and Agricultural Code Section 6047.3.5
Notwithstanding any other provision of law, the secretary, upon the recommendation of the board, may contract with any nonprofit authoritative scientific body with expertise in...
- California Food and Agricultural Code Section 6047.4
(a) The powers of the board shall be the following: (1) Submit recommendations to the secretary on, but not limited to, the following: (A) Selection...
- California Food and Agricultural Code Section 6047.5
(a) Expenditure of the funds pursuant to this article shall be restricted to the following: (1) Reasonable administrative expenses of the board and the department,...
- California Food and Agricultural Code Section 6047.6
The secretary shall accept the recommendations of the board unless he or she determines that the recommendations are not practicable or in the interest of...
- California Food and Agricultural Code Section 6047.7
(a) During the first marketing season, beginning July 1, 2001, and ending June 30, 2002, the annual assessment shall be three dollars ($3) for each...
- California Food and Agricultural Code Section 6047.8
(a) The assessment is the obligation of the producer. (b) For purchased grapes, the processor who purchases the grapes shall act on behalf of the...
- California Food and Agricultural Code Section 6047.9
(a) For purposes of calculating the amount to be collected by the processor for purchased grapes, the assessment shall be based on the gross dollar...
- California Food and Agricultural Code Section 6047.10
(a) All assessments payable under this article shall be remitted to the department no later than January 10 of each year. The department shall deposit...
- California Food and Agricultural Code Section 6047.11
Any producer who disputes the amount of the assessment may file a claim with the department. The producer shall prove his or her claim by...
- California Food and Agricultural Code Section 6047.12
(a) Expenditures charged by the department and the board for administrative purposes shall not exceed a total of 14 percent of the assessments collected pursuant...
- California Food and Agricultural Code Section 6047.13
(a) All proprietary information obtained by the board or the department from producers, processors, or any other source, including, but not limited to, the name,...
- California Food and Agricultural Code Section 6047.14
(a) The sole remedy against any producer who fails to pay the assessment and against any processor who fails to collect and remit assessments within...
- California Food and Agricultural Code Section 6047.15
Upon termination of this article, and based upon a recommendation of the board subject to approval by the secretary, any collected assessments not required to...
- California Food and Agricultural Code Section 6047.16
No action in law or equity may be brought against any members or agent of the board, nor shall any member or agent of the...
- California Food and Agricultural Code Section 6047.17
This article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
- California Food and Agricultural Code Section 6047.18
This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstances is held to be...
- California Food and Agricultural Code Section 6047.19
(a) On or before December 31st of every other year, the secretary, after consultation with the board, shall report on the status of this article...
- California Food and Agricultural Code Section 6047.20
This article shall become inoperative, as of March 1, 2011, unless the secretary finds, in a referendum conducted by him or her, or a person...
- California Food and Agricultural Code Section 6047.21
(a) No later than April 15, 2010, the secretary shall establish a list of those persons eligible to vote on the continued implementation of this...
- California Food and Agricultural Code Section 6047.22
For the purpose of voting in the referendum required in Section 6047.20, only a person required to pay the assessment pursuant to Section 6047.8 shall...
- California Food and Agricultural Code Section 6047.23
In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of persons from the...
- California Food and Agricultural Code Section 6047.24
In determining whether the referendum is approved by producers pursuant to the provisions of this article, the secretary shall consider the vote in favor of...
- California Food and Agricultural Code Section 6047.25
The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days...
- California Food and Agricultural Code Section 6047.26
Nonreceipt of a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 6047.27
(a) If the secretary finds that a favorable vote as provided in this article has not been given subsequent to the operative date of the...
- California Food and Agricultural Code Section 6047.28
(a) The provisions of this article are severable. (b) If any provision of this section or its application is held invalid, that invalidity shall not...
- California Food and Agricultural Code Section 6047.29
(a) The secretary shall appoint an advisory task force consisting of scientific experts, including, but not limited to, university researchers and agricultural representatives, for the...
- California Food and Agricultural Code Section 6047.30
(a) The board may, after consulting with the advisory task force and upon making findings as described in this section, recommend to the secretary, and...
- California Food and Agricultural Code Section 6047.60
The Legislature hereby finds and declares the following: (a) California is the leading producer of table grapes in the United States, accounting for 97 percent...
- California Food and Agricultural Code Section 6047.61
This article shall be known and may be cited as the Table Grape Pest and Disease District Law.
- California Food and Agricultural Code Section 6047.62
(a) It is the purpose of this article to make available a procedure for the organization, operation, and dissolution of districts to respond to the...
- California Food and Agricultural Code Section 6047.63
Unless the context otherwise requires, the definitions in this section govern the construction of this article. (a) "Board" or "board of directors" means the board...
- California Food and Agricultural Code Section 6047.64
(a) Proceedings for the formation of a district within any county shall be commenced by a petition signed by the owners of 15 percent of...
- California Food and Agricultural Code Section 6047.65
The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not...
- California Food and Agricultural Code Section 6047.66
Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of...
- California Food and Agricultural Code Section 6047.67
(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b)...
- California Food and Agricultural Code Section 6047.68
(a) The petition shall be accompanied by a fee in an amount established by the board of supervisors as is necessary to reimburse the county...
- California Food and Agricultural Code Section 6047.69
(a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation...
- California Food and Agricultural Code Section 6047.70
(a) The board of supervisors shall fix a time and place for a hearing of the petition. (b) The hearing shall not be less than...
- California Food and Agricultural Code Section 6047.71
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
- California Food and Agricultural Code Section 6047.72
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 6047.73
At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested...
- California Food and Agricultural Code Section 6047.74
At the hearing, any owner of table grape acreage in the proposed district may present to the board of supervisors a request, in writing, for...
- California Food and Agricultural Code Section 6047.75
If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to...
- California Food and Agricultural Code Section 6047.76
(a) If the board of supervisors determines that the project is feasible and in the interest of the table grape acreage owners of the county,...
- California Food and Agricultural Code Section 6047.78
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any table grape acreage that it finds will...
- California Food and Agricultural Code Section 6047.79
Upon the filing of the order of organization, the board of supervisors shall appoint a board of directors of five members to administer the affairs...
- California Food and Agricultural Code Section 6047.80
To be a director of the district, a person shall be either an owner of, or the designee of an owner of, acreage included in...
- California Food and Agricultural Code Section 6047.81
Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the...
- California Food and Agricultural Code Section 6047.82
(a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification...
- California Food and Agricultural Code Section 6047.83
(a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson, and...
- California Food and Agricultural Code Section 6047.84
The members of the board shall serve for terms of two years, or for a longer term as determined by the board of supervisors, and...
- California Food and Agricultural Code Section 6047.85
Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by...
- California Food and Agricultural Code Section 6047.86
The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims...
- California Food and Agricultural Code Section 6047.87
(a) The district may do all of the following: (1) Sue and be sued in all actions and proceedings in all courts and tribunals of...
- California Food and Agricultural Code Section 6047.88
Every district formed pursuant to this article has all of the powers prescribed by Section 6047.87 and other provisions of this article, regardless of any...
- California Food and Agricultural Code Section 6047.89
The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent...
- California Food and Agricultural Code Section 6047.90
The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal...
- California Food and Agricultural Code Section 6047.91
There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent...
- California Food and Agricultural Code Section 6047.92
For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget in the same manner...
- California Food and Agricultural Code Section 6047.94
The district shall identify any parcel of real property with more than one acre of table grape plants that shall be subject to assessments.
- California Food and Agricultural Code Section 6047.95
Whenever acreage within the district is planted with table grape plants in a fashion so as to qualify as table grape acreage, the acreage is...
- California Food and Agricultural Code Section 6047.96
(a) After the district has been formed, an owner of table grape acreage in the district may present to the board a request in writing...
- California Food and Agricultural Code Section 6047.97
(a) The board shall, on or before the first Monday in April of each year, or as soon thereafter as possible, file with the board...
- California Food and Agricultural Code Section 6047.98
The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds...
- California Food and Agricultural Code Section 6047.99
(a) The assessment levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the...
- California Food and Agricultural Code Section 6047.100
The general provisions of the laws of this state, prescribing the requirements for and manner of levying and collecting county taxes and the duties of...
- California Food and Agricultural Code Section 6047.101
The revenue from the assessments imposed pursuant to this article by the district are trust funds and shall be encumbered only for the purposes for...
- California Food and Agricultural Code Section 6047.102
(a) The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those...
- California Food and Agricultural Code Section 6047.103
If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of...
- California Food and Agricultural Code Section 6047.104
(a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board...
- California Food and Agricultural Code Section 6047.105
Acreage devoted exclusively to the growing of table grapes within a tract of land outside the district, but in the county in which the district...
- California Food and Agricultural Code Section 6047.106
Any two or more districts organized or existing under this article may be consolidated, whether or not the boundaries are coterminous, and whether or not...
- California Food and Agricultural Code Section 6047.107
The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then...
- California Food and Agricultural Code Section 6047.108
The board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district shall fix...
- California Food and Agricultural Code Section 6047.109
If the board of supervisors determines that consolidation is feasible and in the best interests of the table grape acreage owners of the respective districts,...
- California Food and Agricultural Code Section 6047.110
Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area...
- California Food and Agricultural Code Section 6047.111
The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to...
- California Food and Agricultural Code Section 6047.112
Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing...
- California Food and Agricultural Code Section 6047.113
Upon the filing of a petition with the board of supervisors that is signed by either (1) 50 percent or more of the table grape...
- California Food and Agricultural Code Section 6047.114
The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.
- California Food and Agricultural Code Section 6047.115
The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That...
- California Food and Agricultural Code Section 6047.116
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
- California Food and Agricultural Code Section 6047.117
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 6047.118
If, at the hearing, a majority of the board of supervisors does not find a compelling reason to override the owners' petition to dissolve the...
- California Food and Agricultural Code Section 6047.119
The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file...
- California Food and Agricultural Code Section 6047.120
Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city...
- California Food and Agricultural Code Section 6047.121
The board of supervisors is ex officio the governing body of the dissolved district. It may levy assessments and perform other acts solely for the...
- California Food and Agricultural Code Section 6047.122
All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to...
- California Food and Agricultural Code Section 6047.123
If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6047.122, the board of supervisors shall, at the time of...
- California Food and Agricultural Code Section 6047.124
Owners of wine grapes and raisin grapes and any other agricultural commodities may petition to become subject to any district established pursuant to this article....
- California Food and Agricultural Code Section 6048
(a) The plant hydrilla (Hydrilla verticillata) is a noxious aquatic weed not native to the State of California. The Legislature hereby declares that the further...
- California Food and Agricultural Code Section 6049
The department, with the cooperation of the University of California, the United States Department of Agriculture, or other agencies, may develop and implement biological control...
- California Food and Agricultural Code Section 6051
Cotton pests abatement districts may be organized and established by the board of supervisors of the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino,...
- California Food and Agricultural Code Section 6052
In order to propose the organization of a cotton pests abatement district, a petition shall be presented to the board of supervisors of the county...
- California Food and Agricultural Code Section 6053
Upon receipt of the petition, the board of supervisors shall direct the agricultural commissioner to create a register of all cottongrowers growing cotton within the...
- California Food and Agricultural Code Section 6054
The commissioner shall file the cottongrowers register within 60 days of receipt of the order from the board of supervisors or by March 1st, whichever...
- California Food and Agricultural Code Section 6055
The proponents of the formation of the district may, within 30 days of the receipt by the board of supervisors of the register of cottongrowers...
- California Food and Agricultural Code Section 6056
Upon receipt of the petition, the board of supervisors shall immediately refer the petition to the agricultural commissioner who shall examine it by reference to...
- California Food and Agricultural Code Section 6057
At its meeting at which the certificate is received from the agricultural commissioner, or at its next meeting, regular or special, thereafter, the board of...
- California Food and Agricultural Code Section 6058
At the hearing, the board of supervisors shall make such changes in the boundaries of the proposed district as they determine to be advisable, and...
- California Food and Agricultural Code Section 6059
The board of supervisors shall, at the next regular or special meeting following the hearing upon the question of the organization of the proposed district,...
- California Food and Agricultural Code Section 6060
The board of supervisors shall, at the meeting at which the order declaring the district to be organized is made, appoint a board of five...
- California Food and Agricultural Code Section 6061
Each director so appointed shall, in the manner provided by law, give official bond for the faithful performance of his or her duties in the...
- California Food and Agricultural Code Section 6062
Any cotton pests abatement district organized pursuant to this chapter may do all of the following: (a) Have perpetual succession. (b) Sue and be sued...
- California Food and Agricultural Code Section 6063
The general control and management of each district shall be vested in a board of directors of five members. Directors shall be reimbursed for actual...
- California Food and Agricultural Code Section 6064
The term of office of the directors shall be four years, except for those first appointed upon the organization of the district. The first appointees...
- California Food and Agricultural Code Section 6065
In the event of a vacancy in the board of directors either by resignation, death, or otherwise, the vacancy shall be filled by appointment by...
- California Food and Agricultural Code Section 6066
The board of directors of each district shall have the power to appoint and to fix the compensation of a secretary of the district who...
- California Food and Agricultural Code Section 6067
Except as otherwise provided by this chapter, all acts of the board of directors shall be by resolution, and the adoption of a resolution shall...
- California Food and Agricultural Code Section 6068
The powers conferred upon any cotton pests abatement district and its board of directors by the provisions of this chapter shall not be construed to...
- California Food and Agricultural Code Section 6069
The agricultural commissioner of the county in which any district is situated, may, without fee or charge, supervise and direct, in accordance with the best...
- California Food and Agricultural Code Section 6070
The board of supervisors in every county where a district has been organized and exists under the provisions of this chapter shall direct the agricultural...
- California Food and Agricultural Code Section 6071
The board of directors of each district shall, on or before the first Monday in February of each year, prepare and file with the board...
- California Food and Agricultural Code Section 6072
The board of supervisors of the county may annually establish a fee for a permit to grow cotton within each cotton pests abatement district situated...
- California Food and Agricultural Code Section 6073
The permit fee shall be entered in the minutes of the board of supervisors who shall advise the board of directors of the district of...
- California Food and Agricultural Code Section 6074
The treasury of the county shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all...
- California Food and Agricultural Code Section 6075
The board of directors, when prohibiting the planting, growing, or maintenance of cotton plants within the boundaries of the district, shall notify persons affected by...
- California Food and Agricultural Code Section 6076
In each cotton pests abatement district, a biennial election shall be held in March of each odd-numbered year by the county elections official of the...
- California Food and Agricultural Code Section 6077
The county elections official on or after the 29th day before the election shall mail a ballot, an identification envelope, and a stamped and addressed...
- California Food and Agricultural Code Section 6078
The persons declared elected shall take the oath of office and file their official bonds with the county elections official on or before the first...
- California Food and Agricultural Code Section 6079
Any owner of land devoted to the growing of cotton in the county where the district is situated may file a petition for inclusion in...
- California Food and Agricultural Code Section 6080
The board of directors of each cotton pests abatement district shall hold a regular meeting at least once each month at the time and place...
- California Food and Agricultural Code Section 6081
Whenever the board of supervisors, by resolution, desires to dissolve the district, or whenever a petition, signed by not less than 25 percent of the...
- California Food and Agricultural Code Section 6082
At the expiration of 90 days after the election, the board of directors shall deliver on the basis of the ratio of the acreage devoted...
- California Food and Agricultural Code Section 6083
All claims and accounts against the district which have not been settled by the board of directors within 90 days after the election authorizing the...
- California Food and Agricultural Code Section 6084
In the event that there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6083, the board of supervisors shall, at...
- California Food and Agricultural Code Section 6085
This chapter shall be known and may be cited as the Cotton Pests Abatement District Act.
- California Food and Agricultural Code Section 6101
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 6102
"Blanks" means caprifigs which are devoid of Blastophaga insects or galls that contain Blastophaga insects.
- California Food and Agricultural Code Section 6103
"Mamme" crop means the winter crop of caprifigs.
- California Food and Agricultural Code Section 6104
"Matured pollen" means pollen in a powdery condition which can be dusted or shaken out from the anthers in appreciable quantities.
- California Food and Agricultural Code Section 6105
"Profichi crops" means the crop of caprifigs which matures in June and July and is used to caprify or pollinate the main crop of the...
- California Food and Agricultural Code Section 6106
"Spent figs" means caprifigs from which all the female Blastophaga insects have issued.
- California Food and Agricultural Code Section 6131
The commissioner shall enforce this chapter.
- California Food and Agricultural Code Section 6132
The commissioner may enter any place where caprifigs are produced, packed, stored, shipped, delivered for shipment, or sold, and inspect them. He may seize and...
- California Food and Agricultural Code Section 6133
The board of supervisors of any county may receive and accept on behalf of the county, any contribution or donation of money from a person...
- California Food and Agricultural Code Section 6134
It is unlawful for any person to willfully or otherwise interfere with the enforcement of any provision of this chapter.
- California Food and Agricultural Code Section 6151
Caprifigs, unless properly treated, contribute to, and are responsible for, the transmission of endosepsis and other plant diseases by the blastophaga which the figs contain.
- California Food and Agricultural Code Section 6152
Every person who owns, raises, uses, packs, ships, or delivers for shipment or sells any caprifigs of the mamme crop for use within the county,...
- California Food and Agricultural Code Section 6153
If any caprifigs of the mamme crop are to be shipped or used outside the county, the person that owns, raises, uses, packs, ships or...
- California Food and Agricultural Code Section 6154
After the notice, the commissioner shall require the consignee to properly treat the figs for the prevention or elimination of endosepsis before using them.
- California Food and Agricultural Code Section 6155
It is unlawful for any person to violate Section 6152, 6153, or 6154.
- California Food and Agricultural Code Section 6156
It is unlawful for any person to pack, ship, deliver for shipment, or sell in any container any caprifigs of the profichi crop which violate...
- California Food and Agricultural Code Section 6157
It is unlawful for any person to pack, ship, deliver for shipment or sell in any container any caprifigs of the mamme crop, which contain...
- California Food and Agricultural Code Section 6171
Caprifig trees, unless properly controlled and regulated under supervision, constitute a menace because they are a source of infection and pests.
- California Food and Agricultural Code Section 6172
Except as otherwise provided by Section 6173, in the interest of the public welfare and general prosperity of the state and to provide for the...
- California Food and Agricultural Code Section 6173
Every commercial grower of calimyrna or other Smyrna-type fig may maintain at least one caprifig tree in connection with his planting.
- California Food and Agricultural Code Section 6174
The commissioner shall notify the owner of any fig tree which is a public nuisance under Section 6172 to graft or destroy it within a...
- California Food and Agricultural Code Section 6175
If the owner does not destroy or graft the fig tree within the time which is specified in the notice, the commissioner shall cause the...
- California Food and Agricultural Code Section 6176
A calimyrna grower, regardless of the size of his holdings, shall follow the standard procedures for cleanup of caprifig trees by picking the mamme caprifigs...
- California Food and Agricultural Code Section 6177
The presence of both mamme and set profichi figs in the caprifig trees at the same time is a public nuisance. The caprifigs, or the...
- California Food and Agricultural Code Section 6200
The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 72 percent...
- California Food and Agricultural Code Section 6200.5
This chapter shall be known and may be cited as the Winegrape Pest and Disease Control District Law.
- California Food and Agricultural Code Section 6201
It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to respond to, manage,...
- California Food and Agricultural Code Section 6202
Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) "Board" or "board of directors" means the board...
- California Food and Agricultural Code Section 6210
Proceedings for the formation of a district within any county shall be commenced by a petition that is either of the following: (a) Signed by...
- California Food and Agricultural Code Section 6211
The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not...
- California Food and Agricultural Code Section 6212
Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of...
- California Food and Agricultural Code Section 6213
(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b)...
- California Food and Agricultural Code Section 6214
(a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation...
- California Food and Agricultural Code Section 6215
(a) The board of supervisors shall fix a time and place for the hearing of the petition. (b) The hearing shall not be less than...
- California Food and Agricultural Code Section 6216
The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the...
- California Food and Agricultural Code Section 6217
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
- California Food and Agricultural Code Section 6218
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 6219
At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested...
- California Food and Agricultural Code Section 6220
At the hearing, any owner of winegrape acreage in the proposed district may present to the board of supervisors a request, in writing, for the...
- California Food and Agricultural Code Section 6221
If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to...
- California Food and Agricultural Code Section 6222
(a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board...
- California Food and Agricultural Code Section 6223
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape acreage that it finds will not...
- California Food and Agricultural Code Section 6230
Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the...
- California Food and Agricultural Code Section 6231
In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this...
- California Food and Agricultural Code Section 6232
Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the...
- California Food and Agricultural Code Section 6233
(a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification...
- California Food and Agricultural Code Section 6234
(a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and...
- California Food and Agricultural Code Section 6235
The members of the board shall serve for terms of one year, or for a longer term as determined by the board of supervisors, and...
- California Food and Agricultural Code Section 6236
Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by...
- California Food and Agricultural Code Section 6237
The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims...
- California Food and Agricultural Code Section 6240
The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent...
- California Food and Agricultural Code Section 6241
Every district formed pursuant to this chapter has all of the powers prescribed by Section 6240 and other provisions of this chapter, regardless of any...
- California Food and Agricultural Code Section 6242
The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent...
- California Food and Agricultural Code Section 6243
The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal...
- California Food and Agricultural Code Section 6244
There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent...
- California Food and Agricultural Code Section 6245
For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget therefor in the same...
- California Food and Agricultural Code Section 6246
The board of supervisors may charge the district for any expenses incurred by the county in connection with the proceedings for the formation of the...
- California Food and Agricultural Code Section 6250
The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall...
- California Food and Agricultural Code Section 6251
Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape acreage, the acreage is subject to...
- California Food and Agricultural Code Section 6252
(a) After the district has been formed, an owner of winegrape acreage in the district may present to the board a request in writing for...
- California Food and Agricultural Code Section 6253
(a) The board shall, on or before the first Monday in April of each year, file with the board of supervisors a budget that sets...
- California Food and Agricultural Code Section 6254
The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds...
- California Food and Agricultural Code Section 6255
The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the...
- California Food and Agricultural Code Section 6256
The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county...
- California Food and Agricultural Code Section 6256.5
The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for...
- California Food and Agricultural Code Section 6257
The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys,...
- California Food and Agricultural Code Section 6258
If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of...
- California Food and Agricultural Code Section 6259
(a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board...
- California Food and Agricultural Code Section 6260
Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is...
- California Food and Agricultural Code Section 6270
Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous, and whether or not...
- California Food and Agricultural Code Section 6271
The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then...
- California Food and Agricultural Code Section 6272
The board of supervisors of the county in which is located the largest area of winegrape acreage of the proposed consolidated district shall fix a...
- California Food and Agricultural Code Section 6273
If the board of supervisors determines that consolidation is feasible and in the best interests of the winegrape growers of the respective districts, it shall,...
- California Food and Agricultural Code Section 6274
Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area...
- California Food and Agricultural Code Section 6275
The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to...
- California Food and Agricultural Code Section 6276
Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing...
- California Food and Agricultural Code Section 6280
Upon the filing of a petition with the board of supervisors, signed by the owners of not less than 60 percent by area of the...
- California Food and Agricultural Code Section 6281
The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.
- California Food and Agricultural Code Section 6282
The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That...
- California Food and Agricultural Code Section 6283
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
- California Food and Agricultural Code Section 6284
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 6285
If, at the hearing, a majority of the membership of the board of supervisors find that the dissolution of the district will benefit the winegrape...
- California Food and Agricultural Code Section 6286
The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file...
- California Food and Agricultural Code Section 6287
Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city...
- California Food and Agricultural Code Section 6288
The board of supervisors is ex officio the governing body of the dissolved district. It may levy such assessments and perform such other acts as...
- California Food and Agricultural Code Section 6289
All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to...
- California Food and Agricultural Code Section 6290
If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6289, the board of supervisors shall, at the time of...
- California Food and Agricultural Code Section 6292
The Legislature finds and declares all of the following: (a) California is the leading producer of wine in the United States, accounting for 91 percent...
- California Food and Agricultural Code Section 6292.1
This chapter shall be known and may be cited as the Napa County Winegrape Pest and Disease Control District Law.
- California Food and Agricultural Code Section 6292.2
It is the purpose of this chapter to make available a procedure for the organization, operation, government, and dissolution of districts to assist in the...
- California Food and Agricultural Code Section 6292.3
Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) "Board" or "board of directors" means the board...
- California Food and Agricultural Code Section 6293
Proceedings for the formation of a district within Napa County shall be commenced by a petition that is either of the following: (a) Signed by...
- California Food and Agricultural Code Section 6293.1
The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not...
- California Food and Agricultural Code Section 6293.2
Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of...
- California Food and Agricultural Code Section 6293.3
(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b)...
- California Food and Agricultural Code Section 6293.4
(a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation...
- California Food and Agricultural Code Section 6293.5
(a) The board of supervisors shall fix a time and place for the hearing of the petition. (b) The hearing shall not be less than...
- California Food and Agricultural Code Section 6293.6
The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the...
- California Food and Agricultural Code Section 6293.7
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. Notice of the hearing...
- California Food and Agricultural Code Section 6293.8
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 6293.9
At the hearing, the report of the county agricultural commissioner shall be received by the board of supervisors. Protests may be made orally or in...
- California Food and Agricultural Code Section 6293.10
At the hearing, any owner of winegrape growing acreage in the proposed district may present to the board of supervisors a request for the exclusion...
- California Food and Agricultural Code Section 6293.11
If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to...
- California Food and Agricultural Code Section 6293.12
(a) If the board of supervisors determines that the project is feasible and in the interest of the winegrape growers of the county, the board...
- California Food and Agricultural Code Section 6293.13
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any winegrape growing acreage that it finds will...
- California Food and Agricultural Code Section 6294
Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the...
- California Food and Agricultural Code Section 6294.1
In order to be eligible to be a director of the district, a person shall be a citizen of the United States and of this...
- California Food and Agricultural Code Section 6294.2
Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the...
- California Food and Agricultural Code Section 6294.3
(a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification...
- California Food and Agricultural Code Section 6294.4
(a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson and...
- California Food and Agricultural Code Section 6294.5
The members of the district board shall serve for terms of one year, or for a longer term as determined by the board of supervisors,...
- California Food and Agricultural Code Section 6294.6
Upon the expiration of the term of any member of the district board, the board of supervisors shall appoint the successor. Vacancies shall be filled...
- California Food and Agricultural Code Section 6294.7
The members of the district board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when...
- California Food and Agricultural Code Section 6295
The district may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent...
- California Food and Agricultural Code Section 6295.1
Every district formed pursuant to this chapter has all of the powers prescribed by Section 6295 and other provisions of this chapter, regardless of any...
- California Food and Agricultural Code Section 6295.2
The county agricultural commissioner of the county in which the district is located shall, in consultation with the district board, assist the district to the...
- California Food and Agricultural Code Section 6295.3
The district board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming...
- California Food and Agricultural Code Section 6295.4
There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent...
- California Food and Agricultural Code Section 6295.5
For each fiscal year subsequent to the first year of operation of the district, the district board shall adopt the final budget therefor in the...
- California Food and Agricultural Code Section 6295.6
The board of supervisors may charge the district for actual costs incurred by the county in connection with the proceedings for the formation of the...
- California Food and Agricultural Code Section 6296
The county assessor, in making the annual assessment of property included in the district each and every year after the organization of the district, shall...
- California Food and Agricultural Code Section 6296.1
Whenever acreage within the district is planted with winegrape plants in such a fashion as to qualify as winegrape growing acreage, the acreage is subject...
- California Food and Agricultural Code Section 6296.2
(a) After the district has been formed, an owner of winegrape growing acreage in the district may present to the district board a request in...
- California Food and Agricultural Code Section 6296.3
(a) The district board shall, on or before the first Monday in April of each year, file with the board of supervisors a budget that...
- California Food and Agricultural Code Section 6296.5
The assessment so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the...
- California Food and Agricultural Code Section 6296.6
The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county...
- California Food and Agricultural Code Section 6296.7
The revenue from the assessments imposed pursuant to this chapter by the district are trust funds and shall be encumbered only for the purposes for...
- California Food and Agricultural Code Section 6296.8
The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys,...
- California Food and Agricultural Code Section 6296.9
(a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board...
- California Food and Agricultural Code Section 6297
Lands devoted exclusively to the growing of winegrapes within a tract of land outside the district, but in the county in which the district is...
- California Food and Agricultural Code Section 6298
Any two or more districts organized or existing under this chapter may be consolidated, whether or not the boundaries are coterminous.
- California Food and Agricultural Code Section 6299
Upon the filing of a petition with the board of supervisors, signed by 50 percent or more of the owners of 65 percent or more...
- California Food and Agricultural Code Section 6301
If any article is found to have been transported into this state from any other country or state, or territory or district of the United...
- California Food and Agricultural Code Section 6301.1
(a) The secretary shall adopt, by reference, by regulation, those federal quarantine regulations and any subsequent amendments in Parts 301 to 369, inclusive, of Title...
- California Food and Agricultural Code Section 6302
If any shipment of plants or things which is passing through any portion of the state is, or is liable to be, infested or infected...
- California Food and Agricultural Code Section 6303
(a) It is unlawful for any person, except under written permission from a plant quarantine officer or under his specific direction, to move any lot...
- California Food and Agricultural Code Section 6304
It is unlawful for any person to import into the state any English or Australian wild rabbit, flying fox, mongoose, or any other form of...
- California Food and Agricultural Code Section 6305
It is unlawful for any person to willfully import into, or ship or transport within, the state any live insect or any pest as such,...
- California Food and Agricultural Code Section 6306
Unless otherwise permitted by law, any person who willfully and knowingly imports into, or who willfully and knowingly transports or ships within, this state, a...
- California Food and Agricultural Code Section 6321
It is unlawful for any person to import into, or transport thereafter within, the state any plant, fruit, or vegetable which is known to be,...
- California Food and Agricultural Code Section 6322
Any plant, fruit, or vegetable which is known to be, or which may become, a host of any species of the fruit fly family Tephritidae,...
- California Food and Agricultural Code Section 6323
Any plant, fruit, or vegetable which is known to be, or which may become, a host of any species of the fruit fly Tephritidae, which...
- California Food and Agricultural Code Section 6341
If anything brought into any county or locality of the state from another county or locality within the state, or from any other state or...
- California Food and Agricultural Code Section 6342
The owner or bailee shall return the shipment to the point from which it was made within 48 hours.
- California Food and Agricultural Code Section 6343
If the director or the commissioner determines that the pest seeds can be destroyed by treatment, the shipment may, at the option and expense of...
- California Food and Agricultural Code Section 6344
If the director or the commissioner determines that no adverse effect to agriculture would result from allowing the shipment to be stored in quarantine pending...
- California Food and Agricultural Code Section 6401
It is unlawful for any person to transport, receive, or import into the state any plant or any thing against which a quarantine has been...
- California Food and Agricultural Code Section 6402
If there is no commissioner in the county where the plant or thing is received, the person that transports, receives, or imports the plant or...
- California Food and Agricultural Code Section 6403
The officer who makes the inspection may enter at any time into any conveyance or place within the state where the plant or thing is...
- California Food and Agricultural Code Section 6404
The secretary may enter into agreements with regulatory officials of other states and the United States Department of Agriculture to provide for the use of...
- California Food and Agricultural Code Section 6405
(a) Any certificate that has been altered, defaced, or improperly completed or changed is void. (b) It shall be unlawful for any person to do...
- California Food and Agricultural Code Section 6421
Each shipment of plants which is brought into this state shall have legibly marked upon it in a conspicuous manner and place all of the...
- California Food and Agricultural Code Section 6441
If, after inspection, any plant or thing is found to be infested or infected, the owner or bailee shall, at his expense, disinfect the conveyance...
- California Food and Agricultural Code Section 6442
The officer who makes the inspection shall not permit any article to be removed which has come in contact with the infested or infected plant...
- California Food and Agricultural Code Section 6443
The director may designate certain plants that are not for planting, propagation, or ornamental purposes within this state, which are arriving from certain areas, to...
- California Food and Agricultural Code Section 6461
It is unlawful to ship or transport any plant or any other thing into this state which is infested with any pest which has been...
- California Food and Agricultural Code Section 6461.5
Except as otherwise provided in this article, if any shipment of plants or any other things in violation of this chapter or any quarantine which...
- California Food and Agricultural Code Section 6462
If the nature of the pest is such that no detriment can be caused to agriculture in the state by the shipment of the plant...
- California Food and Agricultural Code Section 6463
If the plant or thing is not shipped out of the state within the time which is specified in the notice, the inspecting officer shall...
- California Food and Agricultural Code Section 6464
If the pest may be exterminated by treatment or processing which is prescribed by the director and it is determined by the inspecting officer that...
- California Food and Agricultural Code Section 6465
If, after the treatment or processing, the inspecting officer determines that the pest has been exterminated, the shipment may be released.
- California Food and Agricultural Code Section 6501
Except as otherwise provided in Section 6502, 6504, 6506, or 6924, it is unlawful for any person to receive or bring into any county or...
- California Food and Agricultural Code Section 6502
Any shipment of less than five pounds of agricultural, vegetable, or flower seed, or comprised of packages of less than three pounds of each kind...
- California Food and Agricultural Code Section 6504
Except as provided in Sections 6505, 6506, and 6923 any shipment of nursery stock which is moved from one county or locality to another county...
- California Food and Agricultural Code Section 6505
The commissioner may waive the exemption in Section 6504 by written notice to the director designating the kind of nursery stock, and the pest that...
- California Food and Agricultural Code Section 6506
Any shipment of seed from an origin inspected warehouse is exempt from the requirements of this article.
- California Food and Agricultural Code Section 6521
Except as otherwise provided in Sections 6523 and 6524, if any shipment of any nursery stock, plant, or container of any nursery stock or plant,...
- California Food and Agricultural Code Section 6522
The officer who makes the inspection of a shipment which is described in Section 6521 may affix a warning tag or notice to the shipment...
- California Food and Agricultural Code Section 6523
If the pest may be exterminated or controlled by treatment or processing which is prescribed by the commissioner, and if the commissioner determines that the...
- California Food and Agricultural Code Section 6524
If the commissioner determines that only a portion of the shipment is infested or infected with a pest, or that there is reasonable cause to...
- California Food and Agricultural Code Section 6701
The director may publish in pamphlet form, as often as he deems necessary, a list of all persons that are licensed pursuant to this chapter....
- California Food and Agricultural Code Section 6721
It is unlawful, for any person, except a person who is expressly exempt pursuant to Section 6742 or 6743, to sell any nursery stock unless...
- California Food and Agricultural Code Section 6722
Except as provided in Section 6761, the director, upon receipt of the total license fee which is established pursuant to Section 6723, shall issue a...
- California Food and Agricultural Code Section 6723
(a) The secretary shall establish the minimum license fee at an amount not to exceed one hundred eighty dollars ($180). (b) The secretary may fix...
- California Food and Agricultural Code Section 6724
There shall be four licensing periods as follows: January through December, April through March, July through June, and October through September. The fees for the...
- California Food and Agricultural Code Section 6725
Any person whose license to sell nursery stock has been forfeited shall not be issued a renewal license except upon written application to the department.
- California Food and Agricultural Code Section 6726
Except as otherwise provided in Section 6727, the application for renewal of a license shall be accompanied by the following sums: (a) If no part...
- California Food and Agricultural Code Section 6727
No restoration fee is required of any person whose application for renewal of a license is accompanied by his signed statement that prior to the...
- California Food and Agricultural Code Section 6728
The director shall not refund more than one-half of the minimum license fee to any person who applies for a license to sell nursery stock...
- California Food and Agricultural Code Section 6741
A person is not required to pay any license fee if all of the following facts exist: (a) The person's sales of plants amount to...
- California Food and Agricultural Code Section 6742
Any person that sells seeds and does not sell or ship any other kinds of nursery stock is exempt from the license requirements of this
- California Food and Agricultural Code Section 6743
Any retail florist or other person that sells plants at retail for indoor decorative purposes only is exempt as to such plants from the license...
- California Food and Agricultural Code Section 6744
Any person that sells cut Christmas trees is exempt from the license requirements of this chapter.
- California Food and Agricultural Code Section 6761
The director, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he determines that...
- California Food and Agricultural Code Section 6762
Any proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The...
- California Food and Agricultural Code Section 6781
Any money which is received by the department pursuant to this chapter shall be paid into the State Treasury and be credited to the Department...
- California Food and Agricultural Code Section 6901
The director by regulation shall provide for periodic inspections of nurseries and may prescribe standards of cleanliness for nursery stock which is produced or sold...
- California Food and Agricultural Code Section 6902
The standards of cleanliness may: (a) Provide that all nursery stock shall be kept free from pests of limited distribution or pests which are not...
- California Food and Agricultural Code Section 6903
The commissioner shall inspect all nurseries within his jurisdiction when and as required by the regulations of the director.
- California Food and Agricultural Code Section 6904
The commissioner shall issue such orders as may reasonably be necessary to insure compliance with the standards of cleanliness. Any interested person, upon request, is...
- California Food and Agricultural Code Section 6921
It is unlawful for any person to ship, or cause to be shipped, any nursery stock from one county or locality of the state to...
- California Food and Agricultural Code Section 6922
Except as otherwise provided in Sections 6502, 6504, 6505, 6506, and 6924, it is unlawful for any person to sell, deliver, or transport any nursery...
- California Food and Agricultural Code Section 6923
Except as otherwise provided in Section 6502 or Section 6506, it is unlawful for any person to sell, deliver, or transport from one locality to...
- California Food and Agricultural Code Section 6924
Except as provided in Sections 6505, 6506, and 6923 a nursery stock certificate need not be affixed to nursery stock if it is sold at...
- California Food and Agricultural Code Section 6925
It is unlawful for any person to move, any nursery stock from one locality to another locality within the same county under conditions provided in...
- California Food and Agricultural Code Section 6926
It is unlawful to move nursery stock from one locality to another locality within the same county without forwarding a manifest as provided in Section...
- California Food and Agricultural Code Section 6927
It is unlawful for any person to alter any shipping permit or nursery stock certificate or to use it in any manner other than as...
- California Food and Agricultural Code Section 6940
This article shall apply only to citrus nursery source propagative trees. For purposes of this article, a "citrus nursery source propagative tree" means a citrus...
- California Food and Agricultural Code Section 6941
(a) The department shall develop and establish the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery source propagative trees from harmful diseases, pests,...
- California Food and Agricultural Code Section 6942
(a) There are important diseases and pathogens that currently cannot be included in the program because valid and reliable testing methods and practical testing protocols...
- California Food and Agricultural Code Section 6943
(a) The department may designate the following types of entities to perform the required disease and pathogen diagnostic testing and analysis under the program: (1)...
- California Food and Agricultural Code Section 6944
The secretary shall issue orders establishing rates or prices to cover the department's costs for its administration, testing, inspection, private laboratory approval and accreditation, and...
- California Food and Agricultural Code Section 6945
This article shall be construed liberally to effectuate the Legislature's intent that an effective citrus nursery stock pest cleanliness program in the department be established...
- California Food and Agricultural Code Section 6946
The secretary may adopt regulations and issue orders as authorized by this article.
- California Food and Agricultural Code Section 6961
The director may issue regulations which will govern the issuance and form of nursery stock certificates and shipping permits and their use on shipments of...
- California Food and Agricultural Code Section 6965
The commissioner may issue and authorize the use of nursery stock certificates as provided for in this article.
- California Food and Agricultural Code Section 6968
The commissioner may revoke or suspend the right to use any nursery stock certificate or shipping permit which is issued to any person that fails...
- California Food and Agricultural Code Section 6970
It is unlawful for any person, whose right to use any nursery stock certificate or shipping permit has been revoked or suspended, to refuse to...
- California Food and Agricultural Code Section 6981
(a) An annual assessment of 1 percent shall be levied on the gross sales of all deciduous pome and stone fruit trees, nut trees, olive...
- California Food and Agricultural Code Section 6982
The assessment shall be due and payable to the secretary annually by March 10. Assessments not paid within 30 days of the due date shall...
- California Food and Agricultural Code Section 6983
(a) The measure of gross sales shall be the gross sales for the previous fiscal year of each licensee. (b) The secretary may conduct audits...
- California Food and Agricultural Code Section 6984
Any money which is received by the department pursuant to this article shall be paid into the State Treasury and shall be credited to the...
- California Food and Agricultural Code Section 6985
The department may enter into agreements with the University of California, any commissioner, and any qualified research agency to assist in the development of planting...
- California Food and Agricultural Code Section 6986
The secretary shall levy on all delinquent and unpaid assessments pursuant to this article a collection charge of 20 percent of the amount due.
- California Food and Agricultural Code Section 6987
The secretary shall not renew a nursery license to any applicant who has failed to pay an assessment due pursuant to this article within 60...
- California Food and Agricultural Code Section 6988
The secretary, upon consultation with the pome and stone fruit tree, nut tree, olive tree, and grapevine nursery industry, shall appoint a board to assist...
- California Food and Agricultural Code Section 7201
The director, after investigation and practical survey, may consult with other state and federal agencies having responsibility for forest management and protection of native species...
- California Food and Agricultural Code Section 7202
Any area which is declared by proclamation pursuant to this article to be practically free from any noxious weed named in the proclamation shall be...
- California Food and Agricultural Code Section 7203
The director may by similar proclamation change the boundaries of a weed-free area or declare the weed-free area free from any additional noxious weeds, naming...
- California Food and Agricultural Code Section 7204
A proclamation pursuant to this article shall be under the seal of the department. It shall be published in a newspaper or farm journal of...
- California Food and Agricultural Code Section 7205
The director may adopt such regulations as may be necessary to carry out the provisions of this article. He, and the commissioners under the supervision...
- California Food and Agricultural Code Section 7206
It is unlawful for any person to sell, distribute, or transport into, or within, any weed-free area any seed of any noxious weed of which...
- California Food and Agricultural Code Section 7207
It is unlawful for any person that owns or possesses any land within any weed-free area to knowingly permit any noxious weed of which the...
- California Food and Agricultural Code Section 7270
The Legislature finds and declares all of the following: (a) The destructive impact of invasive and often poisonous noxious weeds is profound, affecting California's cropland,...
- California Food and Agricultural Code Section 7270.5
For the purposes of this article: (a) "Integrated weed management plan" means an ecosystem-based control strategy that focuses on long-term prevention of weeds through a...
- California Food and Agricultural Code Section 7271
(a) The Legislature designates the Department of Food and Agriculture as the lead department in noxious weed management and the department is responsible for the...
- California Food and Agricultural Code Section 7272
(a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a weed management area, as defined in subdivision...
- California Food and Agricultural Code Section 7272.5
(a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a county agricultural commissioner shall submit a cost-share...
- California Food and Agricultural Code Section 7273
(a) The department shall designate and provide staff support to an oversight committee to monitor this article and shall consider input from weed management areas,...
- California Food and Agricultural Code Section 7275
(a) The department is authorized to operate a government-volunteer partnership Adopt-A-Riverway Program. (b) The department may receive funds or services from any person to assist...
- California Food and Agricultural Code Section 7276
(a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds...
- California Food and Agricultural Code Section 7301
Camelthorn is a public nuisance. It may be abated by summary action or otherwise pursuant to the law which relates to the abatement of public
- California Food and Agricultural Code Section 7302
The director shall eradicate camelthorn wherever it exists in this state.
- California Food and Agricultural Code Section 7303
The expense incurred by the director in eradicating camelthorn shall be borne as follows: (a) One-third by the state, to be paid out of any...
- California Food and Agricultural Code Section 7304
The board of supervisors may direct the commissioner to proceed with the abatement of the camelthorn pursuant to Chapter 6 (commencing with Section 5401), Part...
- California Food and Agricultural Code Section 7305
The share of the expense of eradication which is required by Section 7303 to be borne by the owner of the land is a lien...
- California Food and Agricultural Code Section 7501
It is unlawful for any person to disseminate the seed of any pest within this state.
- California Food and Agricultural Code Section 7502
The enforcement of this chapter is under the supervision of the director. He shall make such regulations as he may deem necessary to properly carry...
- California Food and Agricultural Code Section 7503
The provisions of this chapter are in addition to the requirements which are specified in the following provisions of this code: (a) Article 1 (commencing...
- California Food and Agricultural Code Section 7531
To prevent the dissemination of the seed of any pest through the medium of crop seed for planting, the commissioner of each county may issue...
- California Food and Agricultural Code Section 7532
The commissioner may issue the certificate if all of the following requirements are complied with: (a) The applicant is the grower of any crop seed...
- California Food and Agricultural Code Section 7533
The commissioner, upon receipt of a notice from any person who is the grower of any crop seed within the commissioner's jurisdiction of such person's...
- California Food and Agricultural Code Section 7534
It is unlawful for any person to alter, deface, or otherwise misuse a certificate which is issued pursuant to this article.
- California Food and Agricultural Code Section 7571
Except as otherwise provided in Section 7572, it is unlawful for any person to move any seed screenings or cleanings from crop seed from the...
- California Food and Agricultural Code Section 7572
The commissioner may permit the movement of seed screenings or cleanings for the purpose of destruction or processing.
- California Food and Agricultural Code Section 7573
If, upon inspection by the commissioner, any seed screenings or cleanings from crop seed are found to contain the seed of any pest, the commissioner...
- California Food and Agricultural Code Section 7574
If the person that is notified by the commissioner is not the owner of the screenings or cleanings, the person so notified shall forthwith transmit...
- California Food and Agricultural Code Section 7575
If the owner fails or neglects to direct the disposition of the screenings or cleanings within 10 days after the notice has been transmitted to...
- California Food and Agricultural Code Section 7576
Any lot of seed screenings or cleanings from crop seed which contains the seed of any pest, together with its containers, is a public nuisance....
- California Food and Agricultural Code Section 7577
The district attorney of the county in which the nuisance is found, at the request of the director or the commissioner, shall maintain, in the...
- California Food and Agricultural Code Section 7578
Upon judgment and by order of the court, the lot which is a nuisance shall be handled in one of the following ways: (a) Condemned...
- California Food and Agricultural Code Section 7579
If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order...
- California Food and Agricultural Code Section 7580
If the court orders the sale of any of the seed screenings or cleanings from crop seed, or containers, which can be salvaged, the cost...
- California Food and Agricultural Code Section 7581
A proceeding pursuant to this article where the value of the property seized amounts to twenty-five thousand dollars ($25,000) or less is a limited civil
- California Food and Agricultural Code Section 7601
Every person, before engaging for hire in the business of cleaning crop seed, shall obtain a permit from the commissioner to operate each separate portable...
- California Food and Agricultural Code Section 7602
Upon application by the owner for such permit or if the commissioner deems it necessary to determine that the cleaner is free from the seed...
- California Food and Agricultural Code Section 7603
The permit may be suspended or revoked by the commissioner at any time the permittee does not comply with any of the provisions of this...
- California Food and Agricultural Code Section 8401
This part shall be known as the Citrus Pest District Control Law.
- California Food and Agricultural Code Section 8402
It is the purpose of this part to make available a procedure for the organization, operation, government, and dissolution of districts for the more effective...
- California Food and Agricultural Code Section 8403
Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- California Food and Agricultural Code Section 8404
"Board" means the board of directors of a district.
- California Food and Agricultural Code Section 8405
"Citrus acreage" means any parcel, tract, or lot of land with 25 or more citrus trees of any age growing on it, except a parcel,...
- California Food and Agricultural Code Section 8406
"Citrus pest" includes any infectious, transmissible, or contagious disease, any form of animal life, or any form of vegetable life infesting citrus trees or citrus
- California Food and Agricultural Code Section 8407
"District" means a citrus pest control district organized pursuant to this part.
- California Food and Agricultural Code Section 8408
"Number of trees per acre of average planting," for the purpose of assessment pursuant to this part, shall be 100 trees per acre.
- California Food and Agricultural Code Section 8409
"Owner" includes joint owner, coowner, guardian, executor, administrator, or any other person that holds property in a trust capacity under appointment of court.
- California Food and Agricultural Code Section 8410
"Citrus" includes "citrous" and any plants of the genera Citrus, Fortunella, Poncirus, and all hybrids having one or more of such as parents.
- California Food and Agricultural Code Section 8451
Proceedings for the formation of a district within any county shall be commenced by a petition which is signed by the owners of not less...
- California Food and Agricultural Code Section 8452
The petition may be filed in sections each of which shall comply with all the requirements for a petition, except that a section need not...
- California Food and Agricultural Code Section 8453
Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of...
- California Food and Agricultural Code Section 8454
(a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included in...
- California Food and Agricultural Code Section 8455
Upon the presentation and filing of a petition, the board of supervisors shall fix a time and place for the hearing of the petition and...
- California Food and Agricultural Code Section 8456
The board of supervisors shall order the clerk of the board of supervisors to give notice of the time and place fixed for the hearing...
- California Food and Agricultural Code Section 8457
The notice of hearing shall do all of the following: (a) State the name of the district and that it is being formed for the...
- California Food and Agricultural Code Section 8458
Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
- California Food and Agricultural Code Section 8459
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 8460
At the hearing, the report of the commissioner shall be received and protests may be made orally or in writing by any person interested in...
- California Food and Agricultural Code Section 8461
At the hearing, any owner of citrus acreage in the proposed district may present to the board of supervisors a request in writing for the...
- California Food and Agricultural Code Section 8462
If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to...
- California Food and Agricultural Code Section 8463
(a) If the board of supervisors determines that the project is feasible and in the interest of the citrus growers of the county, the board...
- California Food and Agricultural Code Section 8464
Any district formed prior to March 2, 1961, in which the order of the board of supervisors adopted the description in general terms as it...
- California Food and Agricultural Code Section 8465
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any citrus acreage which it finds will not...
- California Food and Agricultural Code Section 8501
Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the...
- California Food and Agricultural Code Section 8502
In order to be eligible to hold the office of director of the district, a person shall be a citizen of the United States and...
- California Food and Agricultural Code Section 8503
Upon his appointment, each director shall, in the manner provided by law, give such official bond for the faithful performance of his duties as shall...
- California Food and Agricultural Code Section 8504
From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of...
- California Food and Agricultural Code Section 8505
Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairman, a vice chairman, a...
- California Food and Agricultural Code Section 8506
The members of the board shall serve for terms of four years and until the appointment and qualification of their successors. The terms of the...
- California Food and Agricultural Code Section 8507
Upon the expiration of the term of any member of the board, the board of supervisors shall appoint his successor. Vacancies shall be filled by...
- California Food and Agricultural Code Section 8508
The members of the board are not entitled to any compensation for their services, but may be reimbursed for their actual and necessary expenses, when...
- California Food and Agricultural Code Section 8551
The district shall have perpetual succession and may do all of the following: (a) Sue and be sued in all actions and proceedings in all...
- California Food and Agricultural Code Section 8552
Every district formed pursuant to this part has all of the powers prescribed by Section 8551 and other sections of this part, including the power...
- California Food and Agricultural Code Section 8553
(a) A district may pay limited compensation to the owner of any citrus tree infected with citrus tristeza virus which is removed by the district...
- California Food and Agricultural Code Section 8554
In order to expedite the elimination of the source of citrus tristeza virus, if it appears to the board that the cost of testing, indexing,...
- California Food and Agricultural Code Section 8555
Any payment made to the owner or owners of citrus trees removed pursuant to Section 8553 or 8554 shall in no event exceed the sum...
- California Food and Agricultural Code Section 8556
The commissioner of the county in which the district is located shall, upon request of the board and without fee or charge, supervise and direct,...
- California Food and Agricultural Code Section 8557
The board shall, immediately after its qualification, formulate an effective plan based on the best known and accepted methods for the control and eradication of...
- California Food and Agricultural Code Section 8558
After the final adoption of the plan, the board shall make or cause to be made an estimate of the cost of operating the plan...
- California Food and Agricultural Code Section 8559
Within 30 days after the receipt of the estimate, the board shall adopt a preliminary budget of expenditures for such fiscal year.
- California Food and Agricultural Code Section 8560
Upon the adoption of the preliminary budget, the board shall fix a time and place for holding a hearing thereon. The hearing shall not be...
- California Food and Agricultural Code Section 8561
The board shall give notice of the time and place fixed for the hearing upon the preliminary budget by publication in a newspaper of general...
- California Food and Agricultural Code Section 8562
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 8563
The notice shall contain all of the following: (a) A summary of the proposed budget and shall refer to the original on file with the...
- California Food and Agricultural Code Section 8564
At any time not later than the hour set for hearing objections to the proposed budget, any owner of citrus acreage in the district may...
- California Food and Agricultural Code Section 8565
At the time set for hearing protests, the board shall proceed to hear and pass upon all protests so made and its decision on the...
- California Food and Agricultural Code Section 8566
At the conclusion of the hearing, the board shall by resolution entered on its minutes make such changes in the proposed budget as it finds...
- California Food and Agricultural Code Section 8567
There may be added to the budget for the first fiscal year of the operation of the district an amount not in excess of 20...
- California Food and Agricultural Code Section 8568
For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget therefor in the same...
- California Food and Agricultural Code Section 8601
(a) The county assessor, in making the annual assessment of property in each and every year after the organization of the district, shall assess any...
- California Food and Agricultural Code Section 8602
Whenever acreage within the district is planted with citrus trees in such a fashion as to qualify as citrus acreage, the acreage is subject to...
- California Food and Agricultural Code Section 8603
Whenever any citrus trees have been removed from any parcel of land included in the district, the owner of the parcel of land may file...
- California Food and Agricultural Code Section 8604
(a) The board shall, on or before the first Monday in July of each year, file with the board of supervisors the final budget which...
- California Food and Agricultural Code Section 8605
The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds...
- California Food and Agricultural Code Section 8606
The tax so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the...
- California Food and Agricultural Code Section 8607
The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county...
- California Food and Agricultural Code Section 8608
The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all such moneys,...
- California Food and Agricultural Code Section 8609
If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of...
- California Food and Agricultural Code Section 8610
The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of...
- California Food and Agricultural Code Section 8651
Lands devoted exclusively to the growing of citrus fruits within a tract of land outside the district but in the county wherein the district is...
- California Food and Agricultural Code Section 8701
Any two or more districts organized or existing under this part may be consolidated, whether or not the boundaries are coterminous and whether or not...
- California Food and Agricultural Code Section 8702
Proceedings for consolidation may be initiated by the filing of a petition for consolidation with the board of each district to be consolidated. Each petition...
- California Food and Agricultural Code Section 8703
Upon presentation and filing of the petitions of two or more districts proposing consolidation, the board of supervisors of the county in which is located...
- California Food and Agricultural Code Section 8704
If the board of supervisors determines that the consolidation is feasible and for the best interests of the citrus growers of the respective districts, it...
- California Food and Agricultural Code Section 8705
Upon the adoption of a resolution consolidating two or more districts, the board of supervisors shall immediately appoint a board of directors of at least...
- California Food and Agricultural Code Section 8706
The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district. The members of...
- California Food and Agricultural Code Section 8707
Any district which has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing...
- California Food and Agricultural Code Section 8751
Upon the filing of a petition with the board of supervisors, signed by the owners of not less than 60 percent by area of the...
- California Food and Agricultural Code Section 8752
The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution.
- California Food and Agricultural Code Section 8753
The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That...
- California Food and Agricultural Code Section 8754
Notice of such hearing shall be given by publication in a newspaper of general circulation published and circulated in the district.
- California Food and Agricultural Code Section 8755
The notice shall be published once a week for two successive weeks prior to the date set for the hearing.
- California Food and Agricultural Code Section 8756
If, at the hearing, a majority of the members of the board of supervisors find that the dissolution of the district will benefit the citrus...
- California Food and Agricultural Code Section 8757
The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file...
- California Food and Agricultural Code Section 8758
Upon dissolution, the right, title, and interest to property owned or controlled by the district which is situated within the corporate limits of any city...
- California Food and Agricultural Code Section 8759
The board of supervisors is ex officio the governing body of the dissolved district. It may levy such taxes and assessments and perform such other...
- California Food and Agricultural Code Section 8760
This part shall be known as the Olive, Stone, and Pome Fruit Pest District Control Law.
- California Food and Agricultural Code Section 8761
All of Part 5 (commencing with Section 8401) applies to olive, stone, and pome fruit pest control districts and is hereby incorporated in this part...
- California Food and Agricultural Code Section 8762
Any district formed pursuant to Part 5 (commencing with Section 8401) to control and eradicate olive, stone, and pome fruit pests shall continue in existence...
- California Food and Agricultural Code Section 8763
Sections 8451, 8551, 8553, 8554, 8555, 8556, 8601, 8602, 8603, and 8604, and subdivision (b) of Section 8563 do not apply to this part.
- California Food and Agricultural Code Section 8764
It is the purpose of this part to make available a procedure for the organization, operation, government, and dissolution of districts for the more effective...
- California Food and Agricultural Code Section 8764.5
Proceedings for the formation of a district within any county shall be commenced by a petition that is signed by the owners of not less...
- California Food and Agricultural Code Section 8764.6
(a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any olive, stone, and pome fruit acreage that...
- California Food and Agricultural Code Section 8765
"Olive, stone, and pome fruit acreage" means any parcel, tract, or lot of land with 10 or more olive, stone, or pome fruit trees of...
- California Food and Agricultural Code Section 8766
The district shall have perpetual succession and may do all of the following: (a) Sue and be sued in all actions and proceedings in all...
- California Food and Agricultural Code Section 8767
In order to expedite the elimination of the source of the olive fruit fly and the apple maggot, a district may, with the consent of...
- California Food and Agricultural Code Section 8768
The board in which the district is located shall, after consultation with the commissioner, supervise and direct, in accordance with the best known and accepted...
- California Food and Agricultural Code Section 8769
(a) The board, annually after the organization of the district, shall assess any assessor's parcel of real property with 10 or more olive, stone, or...
- California Food and Agricultural Code Section 8770
Whenever new acreage within the district is planted with olive, stone, or pome fruit trees so as to qualify as olive, stone, or pome fruit...
- California Food and Agricultural Code Section 8771
Whenever any olive, stone, or pome fruit trees have been removed from any parcel of land included in the district, the owner of the parcel...
- California Food and Agricultural Code Section 8772
(a) The board shall, on or before the first Monday in July of each year, file with the board of supervisors a list of assessor...
- California Food and Agricultural Code Section 8801
The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:...
- California Food and Agricultural Code Section 8802
Consistent with law and within available appropriations, the departments, agencies, and officers of this state may cooperate with the fund established by the Pest Control
- California Food and Agricultural Code Section 8803
Pursuant to Article IV(h) of the compact, copies of bylaws and amendments thereto shall be filed with the Office of Administrative Procedure.
- California Food and Agricultural Code Section 8804
The compact adminstrator for this state is the director.
- California Food and Agricultural Code Section 8805
Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the fund may be made by the Governor whenever in...
- California Food and Agricultural Code Section 8806
The notice of any meeting at which an application for assistance from the fund is to be considered given pursuant to Article VI (d), shall...
- California Food and Agricultural Code Section 8807
The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to...
- California Food and Agricultural Code Section 8808
As used in the compact, with reference to this state, the term "executive head" means the Governor.
- California Food and Agricultural Code Section 9101
(a) The department shall periodically publish and make available a list of reportable conditions that pose or may pose significant threats to public health, animal...
- California Food and Agricultural Code Section 9121
Any person that is engaged in stockraising may purchase for injection in his stock any serum used for the cure or prevention of animal diseases.
- California Food and Agricultural Code Section 9141
Any person that has the care or control of any animal that dies from any contagious disease shall immediately cremate or bury the animal.
- California Food and Agricultural Code Section 9142
An animal which has died from any contagious disease shall not be transported, except to the nearest crematory. The transportation of the animal to the...
- California Food and Agricultural Code Section 9143
An animal which has died from any contagious disease shall not be used for the food of any human being, domestic animal, or fowl.
- California Food and Agricultural Code Section 9161
It is unlawful for any person to bring, cause to be brought, or aid in bringing into the state any domestic animal which such person...
- California Food and Agricultural Code Section 9162
Except as otherwise provided in Section 9571, it is unlawful for any person to knowingly sell, use, expose, or fail to immediately kill, after notification...
- California Food and Agricultural Code Section 9163
Any person that owns or has possession or control of any animal which is affected by any contagious or infectious disease, that fails to keep...
- California Food and Agricultural Code Section 9164
In order to prevent the spread of any livestock disease, it is unlawful for any person, that does not have a written permit issued by...
- California Food and Agricultural Code Section 9165
Except for Sections 10492 and 10494, any person that violates any provision of this division is guilty of a misdemeanor and upon conviction shall be...
- California Food and Agricultural Code Section 9166
(a) In addition to any other penalty or fine prescribed by law, any person who violates any provision of this division, or any regulation which...
- California Food and Agricultural Code Section 9167
The Attorney General shall, upon complaint by the director, or may, upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 9168
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 9169
It is unlawful for any person to defeat or interfere with or to attempt to defeat or interfere with any animal disease test authorized by...
- California Food and Agricultural Code Section 9175
The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180) of Chapter 2...
- California Food and Agricultural Code Section 9184
(a) The department may establish by regulation a fee schedule not to exceed the reasonable costs associated with carrying out the provisions of this division...
- California Food and Agricultural Code Section 9185
Any fees that are provided for by any provision of this division and regulations promulgated pursuant to it shall be due and payable upon receipt...
- California Food and Agricultural Code Section 9186
Any fees that are due and payable pursuant to Section 9185 which are not paid may be recovered by the secretary in accordance with the...
- California Food and Agricultural Code Section 9187
A penalty assessment of 5 percent per month of the amount of any unpaid fees, not to exceed 25 percent, shall be collected by the...
- California Food and Agricultural Code Section 9188
The secretary shall have a lien upon any livestock and real property owned by the person owing any fees due under any provision of this...
- California Food and Agricultural Code Section 9189
All money which is collected pursuant to this division shall be paid into the State Treasury and shall be credited to the Department of Food...
- California Food and Agricultural Code Section 9201
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 9202
"Animal" includes, but is not limited to, any domesticated fowl or nonhuman mammal and any wild fowl, bird, or mammal that is reduced to captivity.
- California Food and Agricultural Code Section 9203
"Biologics" means the following products which are used for the diagnosis and detection of, and for the prevention or treatment of, disease in animals other...
- California Food and Agricultural Code Section 9203
"Biologics" means all viruses, serums, antibody products, toxins (excluding substances that are selectively toxic to microorganisms, for example, antibiotics), or analogous products at any stage...
- California Food and Agricultural Code Section 9204
"Production" means collection of biologic material, preparation, testing, processing, storage, or distribution of biologics.
- California Food and Agricultural Code Section 9204
"Blood and blood component products" means whole blood collected directly from a donor animal for transfusion or the blood components for transfusion including packed red...
- California Food and Agricultural Code Section 9205
"Serial" means the total quantity of a biological product in final composition which has been mixed in a single container and identified by number.
- California Food and Agricultural Code Section 9205
"Commercial blood bank for animals" means an establishment that produces animal blood or blood component products to market and sell for use in the cure,...
- California Food and Agricultural Code Section 9206
"Production" means collection of blood or the preparation, testing, processing, storage, or distribution of blood or blood component products for the purpose of transfusion.
- California Food and Agricultural Code Section 9210
No person shall engage in the production of animal blood and blood component products for retail sale and distribution except in a commercial blood bank...
- California Food and Agricultural Code Section 9211
No person shall engage in the production of biologics except in any of the following: (a) In an establishment licensed by the United States Department...
- California Food and Agricultural Code Section 9211
No person shall engage in the production of biologics except as permitted under federal law.
- California Food and Agricultural Code Section 9212
The secretary shall license biologic establishments that meet all of the following: (a) Operate under conditions, and use methods of production, to insure that the...
- California Food and Agricultural Code Section 9212
The secretary shall license establishments as commercial blood banks for animals that meet all of the following: (a) Operate under conditions, and use methods of...
- California Food and Agricultural Code Section 9221
An application for a license for any establishment that produces, or proposes to produce, biologics shall be made on forms to be issued by the...
- California Food and Agricultural Code Section 9231
The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing biologics shall be as follows: (a)...
- California Food and Agricultural Code Section 9241
No person shall offer for sale or use any biologic unless it is registered by the director pursuant to this article, except, however, no such...
- California Food and Agricultural Code Section 9241
No person shall offer for sale or use any of the following: (a) Any biologic unless it is manufactured pursuant to the terms of a...
- California Food and Agricultural Code Section 9242
The director shall register any biologic that meets all of the following requirements: (a) It is produced under acceptable procedures, which include tests to insure...
- California Food and Agricultural Code Section 9242
The secretary shall register blood or a blood component product that meets all of the following requirements: (a) It is produced under acceptable procedures. (b)...
- California Food and Agricultural Code Section 9243
The director shall register a biologic, if it is produced in an establishment exempt from licensing pursuant to subdivision (b) of Section 9211 and meets...
- California Food and Agricultural Code Section 9244
An application for registration of a biologic shall include both of the following: (a) A protocol of methods of production in detail which is followed...
- California Food and Agricultural Code Section 9244
An application for registration of blood or a blood component product shall include both of the following: (a) A protocol of the methods of production...
- California Food and Agricultural Code Section 9245
The director may impose such conditions on the production or use of biologics as he deems necessary to accomplish the purposes of this chapter.
- California Food and Agricultural Code Section 9245
The secretary may impose such conditions on the production or use of blood or blood component products as he or she deems necessary to accomplish...
- California Food and Agricultural Code Section 9251
The director may adopt reasonably necessary rules and regulations for the administration and enforcement of this chapter.
- California Food and Agricultural Code Section 9261
License for any establishment or registration of any biologic may be denied, suspended, or revoked by the director for failure to meet the requirements of...
- California Food and Agricultural Code Section 9261
License for any commercial blood bank for animals or registration of any blood or blood component product may be denied, suspended, or revoked by the...
- California Food and Agricultural Code Section 9262
The biologics prepared prior to July 1, 1975, in laboratories licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Health...
- California Food and Agricultural Code Section 9263
If the director finds that biologics do not conform to the requirements of Section 9242 or 9243 or the use or continued use of such...
- California Food and Agricultural Code Section 9263
If the secretary finds that blood or blood component products do not conform to the requirements of Section 9242 or the use or continued use...
- California Food and Agricultural Code Section 9264
If the director finds a serial or serials of a registered biologic which do not meet the requirements of Section 9242 or 9243, he may...
- California Food and Agricultural Code Section 9264
(a) If the secretary finds blood or blood component products that do not meet the requirements of Section 9242, the secretary may order those blood...
- California Food and Agricultural Code Section 9266
The department, or humane officers under contract with the department, shall inspect commercial blood banks for animals licensed by the department at least once a...
- California Food and Agricultural Code Section 9267
Notwithstanding Section 4827 of the Business and Professions Code, for commercial blood banks for animals licensed by the department, anesthesia shall be performed by a...
- California Food and Agricultural Code Section 9267
Notwithstanding Section 4827 of the Business and Professions Code, for commercial blood banks for animals licensed by the department, anesthesia shall be performed pursuant to...
- California Food and Agricultural Code Section 9268
The requirements set forth in subdivision (c) of Section 9212, subdivision (e) of Section 9221, subdivision (c) of Section 9231, and Sections 9265, 9266, and...
- California Food and Agricultural Code Section 9268
The requirements set forth in subdivision (c) of Section 9212, subdivision (e) of Section 9221, subdivision (c) of Section 9231, and Sections 9266 and 9267:...
- California Food and Agricultural Code Section 9269
(a) Except as provided in subdivision (b), all records held by the department relating to this chapter, including, but not limited to, records relating to...
- California Food and Agricultural Code Section 9272
The provisions of this chapter shall not apply (1) to facilities primarily engaged in the collection, preparation, testing, processing, storage, or distribution of human blood...
- California Food and Agricultural Code Section 9301
When moved for the purpose of immediate slaughter, cattle which are infected with, or exposed to, the Boophilus annulatus tick shall be dipped or treated...
- California Food and Agricultural Code Section 9302
If upon examination of any cattle or sheep, the director finds any cattle which are infected with the Boophilus annulatus tick, or sheep or cattle...
- California Food and Agricultural Code Section 9303
If, at the expiration of 10 days from the date on which notice was given, the owner or person in control of the cattle or...
- California Food and Agricultural Code Section 9304
If upon examination at the end of the 10 days the director finds that the cattle have been dipped or otherwise treated for the extermination...
- California Food and Agricultural Code Section 9305
If upon examination at any time the department finds that the cattle are again infected with the ticks or that the owner or person in...
- California Food and Agricultural Code Section 9306
If the director has reason to believe that the disease known as scabies exists in a flock of sheep or in a herd of cattle,...
- California Food and Agricultural Code Section 9307
If the owner or person that is in control of the sheep or cattle does not gather all of the sheep or cattle in a...
- California Food and Agricultural Code Section 9331
All expenses and costs of dipping or treating cattle or sheep and all expenses and costs of gathering sheep or cattle which are incurred by...
- California Food and Agricultural Code Section 9332
If the lien is not paid within 15 days after the expenses and costs were incurred, the department shall, in the name of the people...
- California Food and Agricultural Code Section 9333
In any civil proceeding which arises under this chapter, all persons that have an interest in, or control or possession of, the cattle or sheep...
- California Food and Agricultural Code Section 9351
It is unlawful for any person to willfully sell, except for immediate slaughter, or expose in such a manner as may infect other livestock not...
- California Food and Agricultural Code Section 9352
It is unlawful for any person to knowingly sell any sheep or cattle which are infected with scabies, or to expose them in such a...
- California Food and Agricultural Code Section 9501
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 9502
"Animal," "livestock," or "domestic animal," includes poultry.
- California Food and Agricultural Code Section 9503
"Poultry" includes all domesticated fowl and any wild fowl or bird which is reduced to captivity.
- California Food and Agricultural Code Section 9531
If the director receives information of the existence of any contagious, infectious, or transmissible disease which affects domestic animals within this state, he shall thoroughly...
- California Food and Agricultural Code Section 9532
This chapter does not deprive the regular inspectors who are employed by any chartered or incorporated city, or city and county, after they have passed...
- California Food and Agricultural Code Section 9561
The State Veterinarian may establish such quarantine, sanitary, and police regulations as may be necessary to prevent, circumscribe, or exterminate, any condition designated pursuant to...
- California Food and Agricultural Code Section 9562
(a) Subject to the rights and procedures established pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government...
- California Food and Agricultural Code Section 9563
It is unlawful for any person to move or allow to be moved any of the animals, food product from animals, vehicles, farm equipment, farm...
- California Food and Agricultural Code Section 9564
If it is necessary to restrict the movements of animals pursuant to Section 9562, the State Veterinarian may fix and proclaim the boundaries of a...
- California Food and Agricultural Code Section 9569
In addition to actions that may be directed by the State Veterinarian pursuant to Section 9562, the State Veterinarian may: (a) Regulate, restrict, or restrain...
- California Food and Agricultural Code Section 9570
If the State Veterinarian invokes Section 9562, and the importation of animals, animal products, or other property from any state, territory, or foreign country may...
- California Food and Agricultural Code Section 9573
A quarantine shall not be established by one county or city against another county or city on account of the existence of any disease or...
- California Food and Agricultural Code Section 9574
(a) Any person who negligently or intentionally violates any state or federal law or regulation, including any quarantine regulation, by importing any animal or other...
- California Food and Agricultural Code Section 9591
Except as otherwise provided in Section 9595, if any animal or property is destroyed pursuant to Section 9569, the owner of the animal or property...
- California Food and Agricultural Code Section 9592
The state may contribute toward the payment for the animal or property destroyed if either of the following occurs: (a) The United States agrees to...
- California Food and Agricultural Code Section 9593
(a) The value of the animal or property prior to its destruction for which contribution is made pursuant to subdivision (a) of Section 9592 shall...
- California Food and Agricultural Code Section 9594
The department may pay from any money which is available for the support of the department all sums that are due or to become due...
- California Food and Agricultural Code Section 9595
Indemnity payments provided by this division shall not be paid for any animal or property which is taken, destroyed, or otherwise disposed of pursuant to...
- California Food and Agricultural Code Section 9621
Except as otherwise provided in Section 9571, every horse, mule, or other animal which is affected with dourine, as shown by a complement-fixation test, is...
- California Food and Agricultural Code Section 9641.5
Any horse or other Equidae brought into this state shall be accompanied by the following: (a) A certificate of health from the state of origin...
- California Food and Agricultural Code Section 9641.6
(a) The director may issue a permit, valid on January 1 and renewable on or before January 1 of each year thereafter, that exempts any...
- California Food and Agricultural Code Section 9641.7
Any positive test for equine infectious anemia performed in a California laboratory shall be reported by telephone within 24 hours to the department by the...
- California Food and Agricultural Code Section 9671
The director shall meet periodically with the livestock sanitary officials or committees of other states, the duly authorized agricultural representatives of other states and of...
- California Food and Agricultural Code Section 9672
A county may appropriate and expend money from the general fund of the county to carry on investigation, inspection, control, and eradication of disease in...
- California Food and Agricultural Code Section 9673
An agreement which is entered into pursuant to Section 9672 may do all of the following: (a) Provide that payments from the county treasuries may...
- California Food and Agricultural Code Section 9674
An agreement which is entered into pursuant to Section 9672 shall provide for the disposition, division, or distribution of any property which is acquired as...
- California Food and Agricultural Code Section 9691
It is unlawful for any person to remove or cause to be removed any animal from any district, area, or premises which is quarantined pursuant...
- California Food and Agricultural Code Section 9692
It is unlawful for any person to bring or cause to be brought any animal into a quarantined district, area, or premises, without written permission...
- California Food and Agricultural Code Section 9693
It is unlawful for any person to move or cause to be moved any animal from place to place within any quarantined district, area, or...
- California Food and Agricultural Code Section 9694
It is unlawful for any person to resist the destruction of any animal or property ordered destroyed by the State Veterinarian pursuant to Section 9562.
- California Food and Agricultural Code Section 9695
It is unlawful for any person to hide, secrete, or fail to disclose any animal or property that is suffering from, or that has been...
- California Food and Agricultural Code Section 9696
It is unlawful for any person to fail or refuse to dispose of any property destroyed pursuant to Section 9562 or 9569 in the manner...
- California Food and Agricultural Code Section 9697
It is unlawful for any person to fail or refuse to clean or disinfect any premises in the manner prescribed by the State Veterinarian, when...
- California Food and Agricultural Code Section 9698
It is unlawful for any person to violate any quarantine order which regulates, restricts, or restrains the movement of persons, vehicles, farm equipment, farm and...
- California Food and Agricultural Code Section 9699
It is unlawful for any person to violate the conditions of any permit which authorizes the permittee to travel upon any road or highway within...
- California Food and Agricultural Code Section 9700
It is unlawful for any person to violate any other provision of this chapter or any regulation or order which is made pursuant to it.
- California Food and Agricultural Code Section 9701
Any violation of any provision of this chapter is an infraction punishable by a fine of not more than one hundred dollars ($100) for the...
- California Food and Agricultural Code Section 9702
It is unlawful for the operator of any vehicle to fail to stop the vehicle upon demand of a clearly identified animal health quarantine officer...
- California Food and Agricultural Code Section 9801
This part does not apply to animals which are used in research projects of the University of California.
- California Food and Agricultural Code Section 9901
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 9902
"Accredited herd" means a herd of cattle for which the owner holds a valid certificate of accreditation issued to him by the United States Department...
- California Food and Agricultural Code Section 9903
"Approved veterinarian" means a veterinarian who has been granted permission by the department to buy, possess, or use tuberculin.
- California Food and Agricultural Code Section 9904
"Bovine animals" means cattle.
- California Food and Agricultural Code Section 9907
"State TB status" means an area so declared by the United States Department of Agriculture.
- California Food and Agricultural Code Section 9908
"Premises" means any place where cattle have been or are kept.
- California Food and Agricultural Code Section 9909
"Purebred animal" means an animal which is identified in the herd book of a breed record association that is recognized by the United States Department...
- California Food and Agricultural Code Section 9910
"Reactor" or "reacting bovine animal" means any bovine animal that reacts positively to a tuberculosis test or that is determined to be tuberculosis upon examination.
- California Food and Agricultural Code Section 9912
"Tuberculosis test" means the use of an official test for diagnosing tuberculosis in cattle.
- California Food and Agricultural Code Section 9913
"Tuberculosis control area" means an area which is established and delimited as such by proclamation of the department.
- California Food and Agricultural Code Section 9914
"Tuberculosis-exposed cattle" means cattle that have been in contact with, or exposed to, any reactor or tuberculosis infected premises, or any tuberculosis infected material.
- California Food and Agricultural Code Section 9931
To carry out the provisions of this chapter, the inspectors or agents of the department or the United States Department of Agriculture, may at any...
- California Food and Agricultural Code Section 9932
The State Veterinarian may make regulations as are reasonably necessary to carry into effect the provisions of this chapter to prevent bovine tuberculosis from entering...
- California Food and Agricultural Code Section 9933
The department may enter into any cooperative agreement with the United States Department of Agriculture to undertake tuberculosis control pursuant to this chapter.
- California Food and Agricultural Code Section 9941
(a) The State Veterinarian may designate approved veterinarians to buy, possess, or use tuberculosis tests and may suspend or revoke that designation. (b) The State...
- California Food and Agricultural Code Section 9942
Any sale or disposition of tuberculosis tests within the state shall be reported to the department within five days after the sale or disposition.
- California Food and Agricultural Code Section 9943
(a) It is a misdemeanor punishable by imprisonment in the county jail for not less than 90 days, without alternative of a fine in any...
- California Food and Agricultural Code Section 9944
It is unlawful for any person to sell or otherwise dispose of any tuberculosis test in the state that has not been produced under license...
- California Food and Agricultural Code Section 9971
Any approved veterinarian or duly authorized representative of the department or of the United States Department of Agriculture may ear tag or otherwise identify any...
- California Food and Agricultural Code Section 9972
The result of every tuberculosis test shall be reported to the State Veterinarian by the veterinarian who conducted the test within 48 hours after the...
- California Food and Agricultural Code Section 9973
Every reactor, immediately upon the determination of such reaction, shall be identified, pursuant to regulations of the department and the United States Department of Agriculture,...
- California Food and Agricultural Code Section 9974
If the State Veterinarian has reason to suspect an irregularity in the application of a tuberculosis test or the identification of reactors, the State Veterinarian...
- California Food and Agricultural Code Section 9975
It is unlawful for any person to do any of the following: (a) Obstruct, attack, or interfere with, or permit to be obstructed, attacked, or...
- California Food and Agricultural Code Section 9976
It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine...
- California Food and Agricultural Code Section 9977
It is a misdemeanor which is punishable by imprisonment in the county jail for not less than 90 days, without the alternative of a fine...
- California Food and Agricultural Code Section 9978
Permission in writing may be obtained from the department or the approved veterinarian who is conducting the tuberculosis tests to allow any necessary movement of...
- California Food and Agricultural Code Section 9979
It is unlawful for any person to apply a tuberculosis test to any bovine animal that has at any time been found by an approved...
- California Food and Agricultural Code Section 9980
It is unlawful for any person to knowingly apply tuberculosis tests that are not approved tests.
- California Food and Agricultural Code Section 9981
It is unlawful for any person to have any tuberculosis infected or exposed bovine animal at any livestock fair or show.
- California Food and Agricultural Code Section 9982
It is unlawful for any person to knowingly sell, after notification of its condition from the department, any bovine animal that has tuberculosis as shown...
- California Food and Agricultural Code Section 10001
The department may establish and maintain tuberculosis control areas within this state.
- California Food and Agricultural Code Section 10003
When the department establishes a tuberculosis control area, the affected industry shall be notified.
- California Food and Agricultural Code Section 10004
The State Veterinarian may authorize the testing of any cattle in a tuberculosis control area to determine which animals are affected with tuberculosis.
- California Food and Agricultural Code Section 10006
All owners of cattle within a tuberculosis control area that are subject to examination and tuberculosis testing shall, upon request of the department, provide necessary...
- California Food and Agricultural Code Section 10007
Cattle moving into a tuberculosis control area must meet the requirements specified by the State Veterinarian.
- California Food and Agricultural Code Section 10061
The State Veterinarian may impose a quarantine pursuant to Section 9562 when any bovine animal reacts positively to a tuberculosis test conducted by an approved...
- California Food and Agricultural Code Section 10062
The value of the reacting bovine animal for which indemnity is paid shall be determined in accordance with the provisions in Sections 9592 and 9593.
- California Food and Agricultural Code Section 10063
Within 30 days after the appraisal of the reacting bovine animal, it shall be slaughtered under the supervision of the State Veterinarian.
- California Food and Agricultural Code Section 10064
Animals shall be tested or slaughtered pursuant to this article even if indemnity funds are unavailable.
- California Food and Agricultural Code Section 10065
The slaughtering of any reacting bovine animal, pursuant to this article, shall be under the supervision of the department, or of the United States Department...
- California Food and Agricultural Code Section 10066
The carcasses of the slaughtered animals shall be disposed of pursuant to the regulations of the department or the rules and regulations of the United...
- California Food and Agricultural Code Section 10067
If an animal is slaughtered pursuant to this article, and indemnity funds are available, the owner may receive part or all of the following: (a)...
- California Food and Agricultural Code Section 10068
Indemnity provided by this article shall not be paid to any person in any of the following cases: (a) For any bovine animal that is...
- California Food and Agricultural Code Section 10069
A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter...
- California Food and Agricultural Code Section 10070
The pedigree of any purebred bovine animal shall be proved by a certificate of registry from the herd books where the animal is registered. The...
- California Food and Agricultural Code Section 10071
Each claim against the state for payment for the slaughter of any reacting bovine shall be presented to the State Controller and paid out of...
- California Food and Agricultural Code Section 10100
The State Veterinarian may impose a quarantine pursuant to Section 9562 when it has been determined that any bovine animal has been exposed to tuberculosis.
- California Food and Agricultural Code Section 10101
The State Veterinarian may impose tuberculosis testing requirements for tuberculosis-exposed cattle.
- California Food and Agricultural Code Section 10102
Indemnity for reacting tuberculosis-exposed cattle may be available and shall be in accordance with the provision stated in Article 7 (commencing with Section 10061) of...
- California Food and Agricultural Code Section 10103
The State Veterinarian may issue a special permit for the movement of tuberculosis-exposed cattle to any of the following: (a) An establishment that is operating...
- California Food and Agricultural Code Section 10151
If the owner or any person that is in charge of cattle, after 10 days' written notice, refuses properly to confine in corrals or stanchions...
- California Food and Agricultural Code Section 10152
Any expense which is incurred by the department pursuant to Section 10151 is a lien upon the cattle. Unless the amount of the lien is...
- California Food and Agricultural Code Section 10301
Unless the context otherwise requires, the definitions in this article govern the construction of this division.
- California Food and Agricultural Code Section 10302
"Accredited veterinarian" means a veterinarian who is so designated by the United States Department of Agriculture and the department.
- California Food and Agricultural Code Section 10303
"Bovine animals" means neat cattle.
- California Food and Agricultural Code Section 10304
"Brucellosis" means the disease of cattle which is caused by Brucella microorganisms.
- California Food and Agricultural Code Section 10305
"Brucellosis control area," means any area that has been so established by the department in order to qualify and maintain such area in accordance with...
- California Food and Agricultural Code Section 10306
"Cattle" means neat cattle.
- California Food and Agricultural Code Section 10307
"Official veterinarian" means a veterinarian who is in the employ of the United States Department of Agriculture or the department.
- California Food and Agricultural Code Section 10308
"Premises" means any place where cattle have been or are kept.
- California Food and Agricultural Code Section 10309
"Reactor" or "reacting bovine animal" means any bovine animal that reacts positively to a test for brucellosis which is approved by the director.
- California Food and Agricultural Code Section 10310
"Vaccinate" or "vaccination" means the use of vaccine in cattle.
- California Food and Agricultural Code Section 10311
"Vaccine" means any vaccine which is produced by a laboratory which is licensed by the Agricultural Research Service of the United States Department of Agriculture...
- California Food and Agricultural Code Section 10321
The department may enter into any cooperative arrangement with the United States Department of Agriculture to undertake brucellosis control pursuant to this chapter.
- California Food and Agricultural Code Section 10322
To carry out the provisions of this chapter, any duly authorized representative of the department or of the United States Department of Agriculture, may enter...
- California Food and Agricultural Code Section 10323
The department may use the services of official veterinarians or contract with accredited veterinarians to carry out the provisions of this chapter.
- California Food and Agricultural Code Section 10324
The director may make such regulations as are reasonably necessary to carry this chapter into effect. He may require such reports and records as are
- California Food and Agricultural Code Section 10325
Every accredited veterinarian who is conducting work pursuant to this chapter shall submit reports to the department on forms that are furnished for that purpose.
- California Food and Agricultural Code Section 10326
In addition to any other authority in this part that is available to the director for the purpose of preventing the spread of any disease...
- California Food and Agricultural Code Section 10327
To accomplish the purpose of this chapter and to prevent outbreaks of brucellosis, the director shall by regulation establish conditions for the movement of female...
- California Food and Agricultural Code Section 10341
Any vaccine which is used pursuant to this chapter shall be procured by the department from a laboratory which is licensed by the Agricultural Research...
- California Food and Agricultural Code Section 10342
It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to...
- California Food and Agricultural Code Section 10351
All female dairy calves shall be vaccinated by an official veterinarian or an accredited veterinarian, who is authorized by the department, at such ages as...
- California Food and Agricultural Code Section 10352
Each calf which is vaccinated pursuant to this chapter shall have an official tattoo placed in the right ear by the veterinarian who performs the...
- California Food and Agricultural Code Section 10353
The owner of any calf which is to be vaccinated pursuant to this chapter shall, upon request of the department, provide the necessary facilities and...
- California Food and Agricultural Code Section 10354
If the owner or any person that is in charge of any dairy calf, after 10 days' written notice by the department, refuses properly to...
- California Food and Agricultural Code Section 10355
Any expense which is incurred by the department pursuant to Section 10354 is a lien upon the calf which is vaccinated and identified. Unless the...
- California Food and Agricultural Code Section 10356
The vaccination of any bovine animal pursuant to the provisions of this chapter shall be by either an official veterinarian or an accredited veterinarian, who...
- California Food and Agricultural Code Section 10357
It is unlawful for any person to refuse to submit a dairy calf which is required to be vaccinated and identified pursuant to this chapter...
- California Food and Agricultural Code Section 10358
It is unlawful for any person to remove any official mark which is required by this chapter, or to imitate or simulate such official mark.
- California Food and Agricultural Code Section 10359
It is unlawful for any person, except a federal, state, county, or municipal officer or employee, in his official capacity, or an accredited veterinarian, to...
- California Food and Agricultural Code Section 10381
The department may, after hearing, establish and maintain brucellosis control areas within this state.
- California Food and Agricultural Code Section 10382
The department shall examine and test such cattle for brucellosis in any brucellosis control area as the director may specify, as often as may be...
- California Food and Agricultural Code Section 10383
All owners of cattle which are subject to examination and testing for brucellosis within a brucellosis control area shall, upon request of the department, provide...
- California Food and Agricultural Code Section 10384
If any owner or person that is in charge of cattle, after 10 days' written notice by the department, refuses properly to confine in corrals,...
- California Food and Agricultural Code Section 10385
Any expense which is incurred by the department pursuant to Section 10384 is a lien upon the cattle which are tested and identified. Unless the...
- California Food and Agricultural Code Section 10386
The director shall, by regulation, designate the conditions under which cattle may be moved into a brucellosis control area.
- California Food and Agricultural Code Section 10387
It is unlawful for any person to refuse to submit any cattle which are required to be tested pursuant to this chapter, for the collection...
- California Food and Agricultural Code Section 10401
Any bovine animal in a brucellosis control area that reacts positively to a test for brucellosis shall immediately be identified pursuant to the regulations of...
- California Food and Agricultural Code Section 10402
The value of an animal which is slaughtered shall be determined by appraisement by a representative of the department or a representative of the Agricultural...
- California Food and Agricultural Code Section 10403
Within 30 days after the appraisal of the animal, it shall be slaughtered under the supervision of the director.
- California Food and Agricultural Code Section 10404
Where it is necessary to prevent the spread within this state of bovine brucellosis, the director may provide for the slaughter of animals.
- California Food and Agricultural Code Section 10405
Except as otherwise provided in this article, if an animal in a brucellosis control area is slaughtered pursuant to this article, or under regulations of...
- California Food and Agricultural Code Section 10406
Indemnity shall not be paid to any person in any of the following cases: (a) For any steer or grade bull that is determined to...
- California Food and Agricultural Code Section 10406.5
(a) The owner of a herd that is subject to subdivision (h) or (i) of Section 10406 may appeal to the director in writing, on...
- California Food and Agricultural Code Section 10407
A subsequent payment of indemnity shall not be made to any person in any of the following cases: (a) Unless the provisions of this chapter...
- California Food and Agricultural Code Section 10421
Notwithstanding any other provision of this chapter, the secretary may proceed with the identification of nonreacting animals in a herd in the same manner as...
- California Food and Agricultural Code Section 10422
The indemnity which is paid to the owner of any nonreacting animal which is slaughtered pursuant to this article shall be the difference between the...
- California Food and Agricultural Code Section 10423
Indemnity provided by this article shall not be paid in any of the following cases: (a) For any bovine animal which reacts to the brucellosis...
- California Food and Agricultural Code Section 10492
If an owner of cattle refuses to slaughter exposed, nonreacting bovine animals pursuant to the provisions of Article 7 (commencing with Section 10421) when requested...
- California Food and Agricultural Code Section 10493
The following procedures shall be followed when brucellosis has been identified in a herd of cattle: (a) An official veterinarian shall conduct an epidemiological investigation...
- California Food and Agricultural Code Section 10494
If an owner of brucellosis infected or exposed cattle refuses to participate in the development and signing of the memorandum of understanding required by subdivision...
- California Food and Agricultural Code Section 10495
If an owner of a brucellosis infected herd violates any law or regulation pertaining to brucellosis eradication, the cattle owner shall immediately become responsible for...
- California Food and Agricultural Code Section 10496
(a) An owner who fails to achieve eradication of brucellosis in his or her herd is responsible for the costs of maintaining the required testing...
- California Food and Agricultural Code Section 10511
"Beef breeds" means breeds of cattle that are grown for meat production purposes, as determined by the secretary.
- California Food and Agricultural Code Section 10512
Female cattle of the beef breeds, which are over 12 months of age, and sold within the state, shall bear evidence of official calfhood brucellosis...
- California Food and Agricultural Code Section 10610
(a) The Secretary of the Department of Food and Agriculture may adopt regulations to control or eradicate cattle diseases, including bovine trichomoniasis, in any of...
- California Food and Agricultural Code Section 10701
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 10702
"Health certificate" means a health certificate from either a veterinary inspector of the United States Department of Agriculture, the state veterinarian or livestock sanitation official...
- California Food and Agricultural Code Section 10703
"Sales yard" includes any livestock yard, pen, corral, building, premises, or conveyance in which swine are assembled for sale, resale, exchange, or transfer by any...
- California Food and Agricultural Code Section 10704
"Premises" is the farm of origin where swine were born and raised or where they have resided for a minimum of 90 continuous days immediately...
- California Food and Agricultural Code Section 10721
(a) It is unlawful for any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate...
- California Food and Agricultural Code Section 10722
The health certificate shall certify that the swine to which it refers satisfy all of the following requirements: (a) Have not been exposesd to any...
- California Food and Agricultural Code Section 10723
The health certificate shall also show all of the following: (a) The date of immunization if immunization is required. (b) The predominating breed of the...
- California Food and Agricultural Code Section 10724
The original of the health certificate shall be attached to the way bill or shall be in the possession of the truck driver. A duplicate...
- California Food and Agricultural Code Section 10725
Swine that are imported into this state for purposes other than for immediate slaughter shall be transported in crates, cars, trucks, or other vehicles that...
- California Food and Agricultural Code Section 10726
Swine that are imported into this state for immediate slaughter shall have as their destination a recognized slaughtering establishment. They shall not be diverted for...
- California Food and Agricultural Code Section 10751
Any person that operates a sales yard shall keep records of all swine which pass through the sales yard, including the name and address of...
- California Food and Agricultural Code Section 10752
The sales yard records shall show definite information relative to description of animals, such as breed, weight, color, and marks. The records shall be kept...
- California Food and Agricultural Code Section 10753
It is unlawful for any person to knowingly bring into, or cause to be brought into, any sales yard any swine that have been, within...
- California Food and Agricultural Code Section 10781
The director may adopt regulations to control or eradicate hog cholera, swine brucellosis, pseudorabies, and other swine diseases in any of the following ways: (a)...
- California Food and Agricultural Code Section 10782
The department, after notice and hearing, may revoke a license granted by the department to a person conducting business as a packer, stockyard, dealer, agent,...
- California Food and Agricultural Code Section 10783
A previous violation of any provision of this chapter, or a regulation adopted pursuant to this chapter, is sufficient cause for the revocation of a...
- California Food and Agricultural Code Section 10784
Any proceeding for the denial or revocation of a license pursuant to Section 10782 shall be conducted in accordance with Chapter 5 (commencing with Section...
- California Food and Agricultural Code Section 10785
If the secretary finds and determines that similar regulations are necessary to control the diseases described in Section 10781 while hogs or swine are in...
- California Food and Agricultural Code Section 10786
(a) (1) Whenever a person violates any regulation that is adopted pursuant to this article, the department may impose an administrative penalty not to exceed...
- California Food and Agricultural Code Section 10901
As used in this chapter, "garbage" means any waste which consists in whole or in part of any animal waste that results from the handling,...
- California Food and Agricultural Code Section 10921
The director may make and enforce such regulations as are reasonable and necessary to carry out the provisions of this chapter.
- California Food and Agricultural Code Section 10922
The director may enter any premises where garbage is fed to swine and may examine and test any equipment or facilities for processing and handling...
- California Food and Agricultural Code Section 10923
Every person that is subject to this chapter shall keep and maintain such records or memoranda and furnish such reports as the director by regulations...
- California Food and Agricultural Code Section 10951
In order to prevent the spread of vesicular exanthema and other contagious and infectious diseases of swine, it is unlawful for any person to feed...
- California Food and Agricultural Code Section 10952
All garbage, regardless of previous processing, before being fed to swine, shall be thoroughly heated throughout to boiling or equivalent temperature (usually 212 degrees Fahrenheit...
- California Food and Agricultural Code Section 10981
It is unlawful for any person to feed garbage to swine unless he has a valid annual license issued by the director for each separate...
- California Food and Agricultural Code Section 10982
An application for a license to feed garbage to swine shall be in the form which is prescribed by the director, and shall state all...
- California Food and Agricultural Code Section 10983
Each application for a license shall be accompanied by a fee of twenty dollars ($20).
- California Food and Agricultural Code Section 10984
An application for renewal of a license, accompanied by the proper fee, shall be made on or before the last day of the calendar year...
- California Food and Agricultural Code Section 10985
To any fee which is not paid when due, there shall be added a penalty of twenty dollars ($20).
- California Food and Agricultural Code Section 10986
Each license issued pursuant to this chapter entitles the licensee to feed garbage to swine on the premises that are described in the license, during...
- California Food and Agricultural Code Section 10987
The director may refuse to issue a license or renewal of license, and may revoke or suspend any license, as the case may require, if...
- California Food and Agricultural Code Section 10988
The proceedings for all hearings pursuant to this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3,...
- California Food and Agricultural Code Section 10989
Any institution or agency of the state, a county, or any municipal or other public corporation which is feeding garbage to swine is not required...
- California Food and Agricultural Code Section 10990
This chapter does not prohibit any city or county from licensing persons that feed garbage to swine.
- California Food and Agricultural Code Section 11201
Sections 5025, 6304, and 6305 of this code are applicable to the importation into, or the shipment or transportation within, this state of animals which...
- California Food and Agricultural Code Section 11221
The director may employ hunters and trappers throughout the state to control or eradicate coyotes and other harmful predatory animals and to shoot or trap...
- California Food and Agricultural Code Section 11222
For the purposes of this article, the director may enter into contracts with the Bureau of Sports Fisheries and Wildlife of the United States Department...
- California Food and Agricultural Code Section 11223
No iron or steel-jawed trap shall be used by any hunter or trapper who is engaged in controlling or eradicating any bears pursuant to this
- California Food and Agricultural Code Section 11261
The director may accept, on behalf of the state, donations of money from any person, board of supervisors, or other agency interested in the control...
- California Food and Agricultural Code Section 11262
Money which is made available by any board of supervisors that is accepted pursuant to this article shall be expended solely within the boundaries of...
- California Food and Agricultural Code Section 11281
If any coyotes are found to exist on land which is owned by the state, other than lands subject to the control of the Department...
- California Food and Agricultural Code Section 11282
Prior to implementation of any control program pursuant to this article, the director shall consult with and obtain the consent of the director of the...
- California Food and Agricultural Code Section 11283
The director shall submit an annual memorandum of understanding to the Director of Fish and Game for review and approval prior to implementing any coyote...
- California Food and Agricultural Code Section 11284
Nothing in this article authorizes the use of Compound 1080 for predator control on public lands.
- California Food and Agricultural Code Section 11301
As used in this article, "state park lands" means any lands subject to the control of the Department of Parks and Recreation.
- California Food and Agricultural Code Section 11302
The director, upon receiving information causing him or her to believe that coyotes are finding refuge on state park lands or on ecological reserves and...
- California Food and Agricultural Code Section 11303
Upon a determination pursuant to Section 11302 that coyotes are finding refuge on state park lands or on an ecological reserve and are causing damage...
- California Food and Agricultural Code Section 11304
The Department of Parks and Recreation or the Department of Fish and Game may submit claims to the department for reimbursement of direct costs incurred...
- California Food and Agricultural Code Section 11305
Nothing in this article authorizes the use of Compound 1080 for predator control on state park lands and in ecological reserves.
- California Food and Agricultural Code Section 11401
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- California Food and Agricultural Code Section 11402
"License" means pest control business license, agricultural pest control adviser's license, or pest control dealer's license.
- California Food and Agricultural Code Section 11403
"Pest control" means the use or application of any pesticide. It also means the use of any substance, method, or device to do any of...
- California Food and Agricultural Code Section 11404
"Pesticide" is defined in Section 12753.
- California Food and Agricultural Code Section 11405
"Registrant" means any person that registers pursuant to Section 11732 or 12031.
- California Food and Agricultural Code Section 11407
"Pest control dealer" means any person, including any manufacturer, distributor, or retailer who engages in any of the following business activities: (a) Selling pesticides to...
- California Food and Agricultural Code Section 11407.5
"Pest control dealer" does not include either of the following: (a) Any person licensed pursuant to Section 11701 to engage for hire in the business...
- California Food and Agricultural Code Section 11408
"Agricultural use" means the use of any pesticide or method or device for the control of plant or animal pests, or any other pests, or...
- California Food and Agricultural Code Section 11410
"Agricultural pest control adviser" means any person who offers a recommendation on any agricultural use, who holds himself or herself forth as an authority on...
- California Food and Agricultural Code Section 11411
"Recommendation" means the giving of any instruction or advice on any agricultural use as to any particular application on any particular piece of property. "Recommendation"...
- California Food and Agricultural Code Section 11451.5
The Department of Pesticide Regulation shall have jurisdiction over the Structural Pest Control Board as established under the Structural Pest Control Act (Chapter 14 (commencing...
- California Food and Agricultural Code Section 11454.2
(a) The Department of Pesticide Regulation shall consult with the Department of Food and Agriculture in any action relating to special local need registrations pursuant...
- California Food and Agricultural Code Section 11472
The director shall keep a separate record of the classes and sources of income that is credited to, and disbursed from, the Department of Pesticide...
- California Food and Agricultural Code Section 11472.1
On or before October 31 of each year, the department shall publish a financial report regarding the preceding fiscal year and shall make this report...
- California Food and Agricultural Code Section 11480
"Fee," as used in this article, includes, but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee,...
- California Food and Agricultural Code Section 11481
(a) The director may authorize the refund of any money that is received or collected by the department in the payment of any fee, assessment,...
- California Food and Agricultural Code Section 11482
A refund may be made in whole or in part in any of the following instances: (a) A refund of a fee is requested by...
- California Food and Agricultural Code Section 11483
The fiscal officer of the department shall make payment of any refund pursuant to this article upon the submission to the fiscal officer of a...
- California Food and Agricultural Code Section 11484
If any money that is to be refunded has been deposited in the State Treasury, the Controller, upon receipt of a claim that is filed...
- California Food and Agricultural Code Section 11485
If the director finds that the amount of any refund is less than fifty dollars ($50), the director may retain the amount for use for...
- California Food and Agricultural Code Section 11501
The purposes of this division and Chapter 1 (commencing with Section 12501), Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), and...
- California Food and Agricultural Code Section 11501.1
(a) This division and Division 7 (commencing with Section 12501) are of statewide concern and occupy the whole field of regulation regarding the registration, sale,...
- California Food and Agricultural Code Section 11501.5
The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this division and the regulations which are...
- California Food and Agricultural Code Section 11502
The director shall adopt regulations which govern the conduct of the business of pest control.
- California Food and Agricultural Code Section 11502.5
(a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or...
- California Food and Agricultural Code Section 11503
The commissioner of any county may adopt regulations applicable in his or her county which are supplemental to those of the director which govern the...
- California Food and Agricultural Code Section 11503.5
The county agricultural commissioner may apply Section 11503 to the agricultural use of any pesticide for agricultural production within one-quarter mile of a school with...
- California Food and Agricultural Code Section 11504
Prior to the adoption of regulations by a commissioner, a notice of intention to adopt regulations shall be published in the county, pursuant to Section...
- California Food and Agricultural Code Section 11505
The notice of intention which is referred to in Section 11504 shall contain a statement of the time, place, and nature of proceedings for the...
- California Food and Agricultural Code Section 11506
At least 10 days prior to the date set for the adoption, amendment, or repeal of the regulations, the commissioner shall mail a copy of...
- California Food and Agricultural Code Section 11507
On the date and at the time and place designated in the notice of intention, the commissioner shall afford any interested person or his duly...
- California Food and Agricultural Code Section 11508
The commissioner shall consider all relevant matter which is presented to him before he adopts any regulation.
- California Food and Agricultural Code Section 11509
In any hearing which is conducted pursuant to Section 11507, the commissioner or his duly authorized representative shall have authority to administer oaths or affirmations,...
- California Food and Agricultural Code Section 11510
The regulations of the commissioner are subject to review and approval by the director as to reasonableness, and if approved they shall be filed with...
- California Food and Agricultural Code Section 11511
If, in the opinion of the commissioner, the public health, welfare, or safety requires that any regulation take effect immediately he shall designate it as...
- California Food and Agricultural Code Section 11512
Except as provided in Section 11512.5, the proceedings for all hearings conducted by the director pursuant to this division shall be conducted in accordance with...
- California Food and Agricultural Code Section 11512.5
(a) The commissioner may refuse, suspend, or revoke a county registration or permit pursuant to Section 11735, 11924, 12035, or 14008. Before that action is...
- California Food and Agricultural Code Section 11513
Any money which is derived under the provisions of Article 1 (commencing with Section 11701) of Chapter 4 and Article 1 (commencing with Section 11901)...
- California Food and Agricultural Code Section 11514
Whenever a decision of the director suspends for 30 days or less the license of a person licensed pursuant to Sections 11701 to 11709, inclusive,...
- California Food and Agricultural Code Section 11517
Any person whose license or certificate issued pursuant to this division, Chapter 3.4 (commencing with Section 14090), or Chapter 3.6 (commencing with Section 14151) of...
- California Food and Agricultural Code Section 11518
A commissioner accepting payment for pest control registrations or services by credit card or other payment device may impose a charge for costs incurred in...
- California Food and Agricultural Code Section 11531
Except as provided in Chapter 6 (commencing with Section 12001), this division does not apply to any person while engaged in any of the following:...
- California Food and Agricultural Code Section 11701
It is unlawful for a person to advertise, solicit, or operate as a pest control business, unless the person has a valid pest control business...
- California Food and Agricultural Code Section 11701.5
Every principal and branch office of a business licensed pursuant to Section 11701 shall have at least one person in a supervisory position who holds...
- California Food and Agricultural Code Section 11702
Applicants for a pest control business license shall do all of the following: (a) Submit information to the director covering the applicant's business and personal...
- California Food and Agricultural Code Section 11703
(a) Except as otherwise provided in Sections 11704 and 11707, the application shall be accompanied by a fee as prescribed by the director pursuant to...
- California Food and Agricultural Code Section 11704
(a) A person who is regularly engaged in the business of maintenance gardening and who desires to engage in pest control for hire incidental to...
- California Food and Agricultural Code Section 11705
The director shall issue to each applicant that satisfies the requirements of this article a license which authorizes the applicant to perform the type or...
- California Food and Agricultural Code Section 11706
The license may be renewed annually upon application to the director, accompanied by the proper fee, on or before the first day of January of...
- California Food and Agricultural Code Section 11707
To any fee which is not paid by the date of expiration, there shall be added a penalty as prescribed by the director pursuant to...
- California Food and Agricultural Code Section 11708
The director may refuse to grant any license and may revoke or suspend any license if the applicant or licensee: (a) Does not have, or...
- California Food and Agricultural Code Section 11709
A person not regularly engaged in the business of pest control that operates only in the vicinity of his or her own property and for...
- California Food and Agricultural Code Section 11710
A person that is regularly engaged in the business of tree surgery is not required to procure a license to remove diseased or infested tissues...
- California Food and Agricultural Code Section 11711
Unless worker's compensation insurance is not required, no license may be issued or renewed under this chapter to any person who is an employer, as...
- California Food and Agricultural Code Section 11731
"Commissioner," as used in this article, includes the director in any county in which there is no commissioner.
- California Food and Agricultural Code Section 11732
It is unlawful for any person to advertise, solicit, or operate as a pest control business in any county unless the person has registered with...
- California Food and Agricultural Code Section 11733
The registrant shall keep and maintain a record of each property treated that shows all the information required by the director or commissioner. The registrant...
- California Food and Agricultural Code Section 11734
The board of supervisors of any county may establish reasonable fees for the registration required under Section 11732. Payment of the fee shall be due...
- California Food and Agricultural Code Section 11735
A pest control operator registration may be refused, revoked, or suspended by the commissioner, if the commissioner makes any of the following findings: (a) That...
- California Food and Agricultural Code Section 11737
The commissioner or director may order any person or the agent or employee of any licensee or registrant or person, to cease operation of any...
- California Food and Agricultural Code Section 11737.5
It is unlawful for any person to violate any order of a commissioner or the director made pursuant to Section 11737. The commissioner or director...
- California Food and Agricultural Code Section 11738
The regulations of the commissioner may provide for the qualification, by examination or otherwise of the following persons: (a) Registrants. (b) Persons in charge of...
- California Food and Agricultural Code Section 11739
The regulations of the commissioner may provide that it is a ground for cancellation of registration to operate pest control equipment within the county unless...
- California Food and Agricultural Code Section 11740
Any certificate of qualification which is issued pursuant to Section 11738 may be revoked or suspended, or its issuance or renewal refused, if the commissioner...
- California Food and Agricultural Code Section 11741
Any person whose certificate has been revoked, suspended, or refused may appeal to the director within 10 days for a hearing.
- California Food and Agricultural Code Section 11761
Any person that alleges any loss, nonperformance, or damage as a result of the use or application of any pesticide, or of any substance, method,...
- California Food and Agricultural Code Section 11762
If a growing crop is alleged to have been damaged as a result of the activities which are described in Section 11761, the verified report...
- California Food and Agricultural Code Section 11763
The verified report of loss, nonperformance, or damage shall set forth, so far as known to the claimant, all of the following: (a) Name and...
- California Food and Agricultural Code Section 11764
The filing of the verified report, or the failure to file it, need not be alleged in any complaint which may be filed. The failure...
- California Food and Agricultural Code Section 11765
The failure to file a verified report of loss is evidence that no loss, nonperformance, or damage occurred.
- California Food and Agricultural Code Section 11791
It is unlawful for any person subject to this division to do any of the following: (a) Make any false or fraudulent claim, or misrepresent...
- California Food and Agricultural Code Section 11792
It is also unlawful for any person that is subject to this division to do any of the following: (a) Make any false or fraudulent...
- California Food and Agricultural Code Section 11891
Every person who violates this division, or any regulation issued pursuant to this division, is guilty of a misdemeanor and upon conviction shall be punished...
- California Food and Agricultural Code Section 11892
In lieu of seeking prosecution of any violation of this division as a misdemeanor, and the penalty prescribed in Section 11891, the director may prosecute...
- California Food and Agricultural Code Section 11893
Any person who violates this division, or any regulation issued pursuant to this division, is liable civilly in an amount not less than one thousand...
- California Food and Agricultural Code Section 11894
Upon a complaint by the director, the Attorney General may bring an action for civil penalties in any court of competent jurisdiction in this state...
- California Food and Agricultural Code Section 11895
An action brought pursuant to this article shall be commenced by the director, the Attorney General, the district attorney, the city prosecutor, or the city...
- California Food and Agricultural Code Section 11895.5
The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to this division in...
- California Food and Agricultural Code Section 11896
The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any...
- California Food and Agricultural Code Section 11897
The agricultural commissioner, upon a finding that the use, handling, delivery or sale of a pesticide in violation of any provision of this division, or...
- California Food and Agricultural Code Section 11901
It is unlawful for any person to operate any aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft...
- California Food and Agricultural Code Section 11902
Each certificate shall designate the pest control aircraft pilot's status as either a journeyman or an apprentice.
- California Food and Agricultural Code Section 11903
A fee as prescribed by the director pursuant to Section 11502.5 shall accompany each application for an initial certificate.
- California Food and Agricultural Code Section 11904
Every certificate shall expire on December 31 of the year for which it is issued. Certificates may be renewed before the expiration date by application...
- California Food and Agricultural Code Section 11905
Before an initial certificate is issued, the applicant for apprentice or the applicant for journeyman shall pass an examination to demonstrate to the director his...
- California Food and Agricultural Code Section 11906
A journeyman's certificate shall not be issued to any applicant, other than the holder of an apprentice certificate, unless such applicant has had in effect...
- California Food and Agricultural Code Section 11907
A journeyman's certificate shall not be issued until the applicant has served as an apprentice under a certificate issued pursuant to this chapter for one...
- California Food and Agricultural Code Section 11908
Each applicant for an apprentice certificate shall satisfy the director, through documentary evidence or other suitable information, that the applicant shall conduct pest control activities...
- California Food and Agricultural Code Section 11909
It is unlawful for the holder of an apprentice certificate to conduct pest control activities unless such activities are conducted under the direct and personal...
- California Food and Agricultural Code Section 11910
The director may refuse to issue a certificate to any pest control aircraft pilot and may revoke or suspend the certificate of any such pilot,...
- California Food and Agricultural Code Section 11911
Notwithstanding any other provision of this article, if the holder of a certificate is called to active duty as a member of the armed forces...
- California Food and Agricultural Code Section 11920
It is unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural
- California Food and Agricultural Code Section 11921
Each pest control aircraft pilot shall register in person with the agricultural commissioner of the county where he intends to work or with the director...
- California Food and Agricultural Code Section 11922
Registration shall be renewed annually by all pest control aircraft pilots.
- California Food and Agricultural Code Section 11923
County boards of supervisors may set fees for registration to cover the cost of registering pest control aircraft pilots but in no case shall such...
- California Food and Agricultural Code Section 11924
A pest control aircraft pilot registration may be refused, revoked, or suspended by the agricultural commissioner for the reasons indicated in Section 11910 for the...
- California Food and Agricultural Code Section 11931
As used in this article: (a) "Judgment" means a final judgment of any court of competent jurisdiction in this or any other state, or of...
- California Food and Agricultural Code Section 11932
For the purposes of this article: (a) A judgment is satisfied when twenty-five thousand dollars ($25,000) has been credited upon any judgment in excess of...
- California Food and Agricultural Code Section 11933
The director shall suspend the license of any operator upon receiving a copy of a judgment and a certificate of facts relative to such judgment,...
- California Food and Agricultural Code Section 11934
The suspension shall remain in effect and no license shall be issued to the operator unless and until the judgment is satisfied, or the operator...
- California Food and Agricultural Code Section 11935
Proof of such financial responsibility may be made by furnishing security in an amount not less than twenty-five thousand dollars ($25,000). The security may consist...
- California Food and Agricultural Code Section 11936
If the security which is required by Section 11934 is diminished in amount by reason of any recovery against it, the security shall be replenished...
- California Food and Agricultural Code Section 11937
Upon the expiration of 30 days after any judgment becomes final, which is not stayed or satisfied in any action which results in a judgment...
- California Food and Agricultural Code Section 11938
Any person whose license has been suspended, is about to be suspended, or becomes subject to suspension pursuant to this article, may relieve himself from...
- California Food and Agricultural Code Section 11939
The person that files the affidavit pursuant to Section 11938 shall also file the original policy of insurance or a certified copy of the policy,...
- California Food and Agricultural Code Section 11940
If the director is satisfied from the papers which are filed pursuant to Sections 11938 and 11939 that the insurer was authorized to issue the...
- California Food and Agricultural Code Section 12001
No person shall act, or offer to act, as an agricultural pest control adviser without first having secured an agricultural pest control adviser license from...
- California Food and Agricultural Code Section 12002
No person shall act, or offer to act, as an agricultural pest control adviser in any county wherein he makes any recommendation for agricultural use...
- California Food and Agricultural Code Section 12003
Agricultural pest control advisers shall put all recommendations concerning any agricultural use in writing. One copy of each such written recommendation shall be signed and...
- California Food and Agricultural Code Section 12004
Agricultural pest control advisers and agricultural pest control operators shall retain one copy of each written recommendation for one year following the date of such...
- California Food and Agricultural Code Section 12005
The director may adopt such rules and regulations in order to carry out the provisions of this chapter as are reasonably necessary to effectuate the...
- California Food and Agricultural Code Section 12021
An application for an agricultural pest control adviser license shall be in the form prescribed by the director. Each application shall state the name and...
- California Food and Agricultural Code Section 12022
Applicants for licensing shall elect to be examined for certification in one or more of the following categories: (a) Control of insects, mites, and other...
- California Food and Agricultural Code Section 12023
An agricultural pest control adviser license may be refused or may be revoked or suspended by the director as necessary to carry out the purposes...
- California Food and Agricultural Code Section 12023.5
In addition to any other provision of this code, unprofessional conduct shall constitute a basis for refusal, revocation, or suspension of an agricultural pest control...
- California Food and Agricultural Code Section 12024
The director by regulation shall establish the minimum requirement for pest control adviser by education, experience, and examination to carry out the purposes of this
- California Food and Agricultural Code Section 12031
Each agricultural pest control adviser who makes any recommendation for agricultural use shall register in person with the agricultural commissioner in the county listed in...
- California Food and Agricultural Code Section 12033
Registration shall be renewed annually by all agricultural pest control advisers.
- California Food and Agricultural Code Section 12034
County boards of supervisors may set fees for registration to cover the cost of registering pest control advisers, but in no case shall the fee...
- California Food and Agricultural Code Section 12035
A pest control adviser registration may be refused, revoked, or suspended by the agricultural commissioner. Cause for such refusal, revocation, or suspension may be for...
- California Food and Agricultural Code Section 12041
The Agricultural Pest Control Advisory Committee, which was established by Chapter 1276 of the Statutes of 1971, is hereby abolished.
- California Food and Agricultural Code Section 12042
There is in the department an Agricultural Pest Control Advisory Committee, appointed by the secretary or director, consisting of the following members: (a) One member...
- California Food and Agricultural Code Section 12043
The public member shall be appointed to the committee by the director from nominees recommended by the committee. The public member shall represent the interests...
- California Food and Agricultural Code Section 12044
It is hereby declared, as a matter of legislative determination, that members appointed to the Agricultural Pest Control Advisory Committee pursuant to this article are...
- California Food and Agricultural Code Section 12045
Except as provided in Section 12046, the term of office of the members of the committee is three years. Vacancies shall be filled for the...
- California Food and Agricultural Code Section 12046
Initial appointments to the committee shall be made as follows: (a) Representatives for the public, the California Community College system, the State University system, and...
- California Food and Agricultural Code Section 12047
The committee shall be advisory to the director in all matters concerning the licensing, certification, and regulation of persons and firms licensed or certified pursuant...
- California Food and Agricultural Code Section 12051
It is unlawful for any person to act or offer to act as an agricultural pest control adviser without first having secured an agricultural pest...
- California Food and Agricultural Code Section 12052
It is unlawful for any person to act or offer to act as an agricultural pest control adviser in any county wherein the adviser makes...
- California Food and Agricultural Code Section 12053
It is unlawful to violate any provision of this chapter or any rule or regulation issued thereunder.
- California Food and Agricultural Code Section 12054
It shall be unlawful for any pest control adviser to make recommendations in a category for which he is not certified.
- California Food and Agricultural Code Section 12101
No person shall act in the capacity of a pest control dealer or shall engage or offer to engage in the business of, advertise as,...
- California Food and Agricultural Code Section 12101.5
Each pest control dealer required to be licensed pursuant to Section 12101 shall have and maintain, at the principal office, and at each branch location,...
- California Food and Agricultural Code Section 12102
The provisions of Section 12101 shall not apply to any federal, state, or county agency which provides pesticide materials for agricultural use.
- California Food and Agricultural Code Section 12103
An application for a license shall be in the form prescribed by the director. Each application shall state the name and address of the applicant...
- California Food and Agricultural Code Section 12104
The license for a pest control dealer may be renewed annually upon application in the form prescribed by the director, accompanied by a fee as...
- California Food and Agricultural Code Section 12105
A penalty as prescribed by the director pursuant to Section 11502.5 shall be added to any fee that is not paid by the date of
- California Food and Agricultural Code Section 12106
Each applicant shall satisfy the director as to his or her knowledge of the laws and regulations governing the use and sale of pesticides, and...
- California Food and Agricultural Code Section 12107
The director shall issue to each applicant that satisfies the requirements of this article a license which entitles the applicant to conduct the business described...
- California Food and Agricultural Code Section 12108
Every licensed pest control dealer who changes his or her address or place of business shall immediately notify the director.
- California Food and Agricultural Code Section 12110
Each dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and...
- California Food and Agricultural Code Section 12111
The director may adopt such rules and regulations as are reasonably necessary to effectuate the purposes of this chapter.
- California Food and Agricultural Code Section 12113
The director may, after a hearing, refuse, revoke, or suspend a pest control dealer license for violation of the provisions of this division or Division...
- California Food and Agricultural Code Section 12114
(a) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, shall...
- California Food and Agricultural Code Section 12115
Any licensed pest control dealer, or any person who is required to be licensed as a pest control dealer pursuant to Section 12101, who purchases...
- California Food and Agricultural Code Section 12116
It is unlawful for a licensed pest control dealer to purchase for sale in this state a pesticide that is labeled for agricultural use except...
- California Food and Agricultural Code Section 12121
It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to demonstrate to the director...
- California Food and Agricultural Code Section 12201
An application for a qualified applicator license shall be in a form prescribed by the director. Each application shall state the name and address of...
- California Food and Agricultural Code Section 12201.1
It is unlawful for any person to act in a supervisory capacity or position for a pest control business, except a business licensed only in...
- California Food and Agricultural Code Section 12202
(a) All licenses issued pursuant to this chapter expire on December 31 of the year for which they are issued. Licenses may be renewed annually...
- California Food and Agricultural Code Section 12203
(a) Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for licensing in one...
- California Food and Agricultural Code Section 12203.1
The director may designate subcategories within the categories listed in Section 12203 as the director determines to be necessary.
- California Food and Agricultural Code Section 12204
The director shall issue to each applicant who satisfies the requirements of this chapter a qualified applicator license.
- California Food and Agricultural Code Section 12205
A qualified applicator license may be refused, revoked, or suspended by the director, after a hearing, for any of the following: (a) Failure to comply...
- California Food and Agricultural Code Section 12206
Notwithstanding Section 12205, if the director finds on the basis of affidavits submitted to the director by the enforcement personnel specified in Section 11501.5, or...
- California Food and Agricultural Code Section 12251
No person shall act as a designated agent of a pest control dealer who is licensed pursuant to Chapter 7 (commencing with Section 12101), unless...
- California Food and Agricultural Code Section 12252
(a) An application for a pest control dealer designated agent license shall be in the form prescribed by the director. Each application shall state the...
- California Food and Agricultural Code Section 12253
Before initial license is issued, the applicant shall pass an examination to demonstrate to the director the applicant's knowledge of the laws and regulations governing...
- California Food and Agricultural Code Section 12254
The director shall issue to each applicant who satisfies the requirements of this chapter a pest control dealer designated agent license.
- California Food and Agricultural Code Section 12255
Every licensed pest control dealer designated agent who changes his or her address shall immediately notify the director of the new address.
- California Food and Agricultural Code Section 12256
The director may adopt rules and regulations that are reasonably necessary to effectuate this chapter.
- California Food and Agricultural Code Section 12257
The director may, after a hearing, refuse, revoke, or suspend a pest control dealer designated agent license for violation of this chapter or Division 7...
- California Food and Agricultural Code Section 12258
It is unlawful for any person who is subject to this chapter to do any of the following: (a) Fail to notify the director of...
- California Food and Agricultural Code Section 12400
It is unlawful for any person, other than the registrant or pest control dealer licensed pursuant to Section 12107, to sell, offer to sell, or...
- California Food and Agricultural Code Section 12401
An application for a pesticide broker license, or renewal of a license, shall be in the form prescribed by the director. Each application for a...
- California Food and Agricultural Code Section 12402
The director shall issue to each applicant that satisfies the requirements of this chapter a pesticide broker license that shall be valid for one year...
- California Food and Agricultural Code Section 12403
All licenses issued pursuant to this chapter may be renewed annually upon application to the director.
- California Food and Agricultural Code Section 12405
Each licensed pesticide broker that changes the address of its place of business, or that of a branch location, shall immediately provide the director written...
- California Food and Agricultural Code Section 12406
(a) Each licensed pesticide broker, or person who is required to be licensed as a pesticide broker pursuant to Section 12400, shall maintain at its...
- California Food and Agricultural Code Section 12407
It is unlawful for any person required to be licensed as a pesticide broker pursuant to this chapter to make any false or fraudulent statements...
- California Food and Agricultural Code Section 12408
The director, after a hearing, may refuse, revoke, or suspend a pesticide broker license for any violation of this division or Division 7 (commencing with...
- California Food and Agricultural Code Section 12500
As used in Chapter 1.5 (commencing with Section 12501), Chapter 2 (commencing with Section 12751) except Article 2.5 (commencing with Section 12786), Chapter 3 (commencing...
- California Food and Agricultural Code Section 12500.5
"Director" means the Director of Pesticide Regulation.
- California Food and Agricultural Code Section 12500.6
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 12501
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 12502
"Food" means any article which is used for food or drink for man or any other animal, or for a component of any such article.
- California Food and Agricultural Code Section 12503
"Pesticide chemical" means any substance that is used in the production, storage, or transportation of produce that is a pesticide as defined in Section 12753.
- California Food and Agricultural Code Section 12504
"Produce" means any food in its raw or natural state which is in such form as to indicate that it is intended for consumer use...
- California Food and Agricultural Code Section 12505
"Pesticide residue" means any pesticide chemical which is added to produce.
- California Food and Agricultural Code Section 12531
The director may adopt such regulations as are reasonably necessary to carry out this chapter.
- California Food and Agricultural Code Section 12532
(a) The director shall continuously interpret the results of the residue monitoring program in order to assess its general effectiveness at preventing public exposure to...
- California Food and Agricultural Code Section 12533
Nothing in this chapter repeals or amends any of the provisions of Part 5 (commencing with Section 109875) of Division 104 of the Health and...
- California Food and Agricultural Code Section 12534
(a) Pursuant to this chapter, the director shall conduct a pesticide residue monitoring program for produce destined for processing to determine which pesticides are most...
- California Food and Agricultural Code Section 12535
(a) Commencing in 1990, the department shall substantially expand and maintain its focused pesticide residue monitoring program beyond the 1988 level. The focused monitoring program...
- California Food and Agricultural Code Section 12536
(a) The director, by regulation, shall establish a pest management advisory committee, specifying, as appropriate, the scope and purpose of its advisory role, membership requirements,...
- California Food and Agricultural Code Section 12561
The director by regulation may establish permissible tolerances for any pesticide chemical in or on produce if he or she finds each of the following:...
- California Food and Agricultural Code Section 12562
The director may exempt any pesticide chemical from the requirement of a tolerance if he finds that the pesticide chemical may safely be used without...
- California Food and Agricultural Code Section 12563
The director may establish the tolerance for any pesticide chemical on produce at zero if he finds that a greater tolerance is not justified.
- California Food and Agricultural Code Section 12565
If a tolerance for a pesticide chemical in or on produce is established pursuant to any law of the United States, the director may review...
- California Food and Agricultural Code Section 12581
The director may inspect and take samples of any produce grown, processed, packed, stored, shipped, transported, delivered for shipment, or sold.
- California Food and Agricultural Code Section 12582
The director shall immediately notify the State Director of Health Services by telephone, with immediate written confirmation, whenever a lot of produce destined for processing...
- California Food and Agricultural Code Section 12591
The director may accredit a commercial laboratory to test produce or environmental samples, including air, water, soil, and plant or animal tissue for regulatory pesticide...
- California Food and Agricultural Code Section 12592
The director may charge a fee for accreditation and quality control oversight in an amount sufficient to cover the reasonable costs of carrying out these
- California Food and Agricultural Code Section 12593
The director may refuse to accredit, or may suspend any accreditation, if the applicant or the accredited laboratory, as the case may be, does any...
- California Food and Agricultural Code Section 12594
Analysis data developed by an accredited laboratory shall be subject to confirmation by a laboratory of the department prior to an official regulatory action of...
- California Food and Agricultural Code Section 12595
In the event of a dispute of the findings of a chemical analysis between or among two or more accredited laboratories or between an accredited...
- California Food and Agricultural Code Section 12601
The director may seize and hold any lot of produce, or any unharvested produce that is within one week of being in a harvestable condition,...
- California Food and Agricultural Code Section 12602
If the director seizes any lot of produce, he shall issue to the owner or bailee a hold order or notice. He may affix to...
- California Food and Agricultural Code Section 12603
Any lot of produce for which a hold order or notice is issued shall be held by the owner or bailee of the produce and...
- California Food and Agricultural Code Section 12604
Any produce which is seized and held pursuant to this article, unless previously analyzed by the director, shall be sampled and analyzed within 24 hours...
- California Food and Agricultural Code Section 12605
Upon the demand of the owner or bailee at or prior to the time of the sampling by the director, the sample which is drawn...
- California Food and Agricultural Code Section 12606
If the seized and held lot, as determined by the director's chemical analysis, does not carry pesticide residue in excess of any maximum which is...
- California Food and Agricultural Code Section 12607
If the seized and held lot of produce is found to carry pesticide residue in excess of any maximum which is provided by this chapter...
- California Food and Agricultural Code Section 12608
Upon demand of the owner or bailee for permission to remove the produce for reconditioning or use for byproducts, the director shall release the produce...
- California Food and Agricultural Code Section 12608.5
Upon demand of the owner or person in rightful possession of the produce for permission to remove the produce destined for processing, the director shall...
- California Food and Agricultural Code Section 12609
The produce after reconditioning is subject to all the provisions of this chapter pending its final release by the director pursuant to Section 12606.
- California Food and Agricultural Code Section 12610
If the lot of produce which is seized and held is found to carry excess pesticide residue, the owner or bailee of the lot may...
- California Food and Agricultural Code Section 12611
Upon receipt of an appeal by the owner or bailee, the director shall, after reasonable notice to the owner, if known, or, if not known,...
- California Food and Agricultural Code Section 12612
The director shall permit the owner to be present in person or by his representative at the taking of the sample to be submitted for...
- California Food and Agricultural Code Section 12613
After seizure by the director pursuant to this chapter of any lot of produce upon which an appeal analysis is to be made, the director...
- California Food and Agricultural Code Section 12614
If the appeal analysis shows that the lot of produce carries pesticide residue in excess of any maximum which is provided in this chapter or...
- California Food and Agricultural Code Section 12615
If the appeal analysis shows that the lot of produce does not carry pesticide residue in excess of any maximum which is provided by this...
- California Food and Agricultural Code Section 12641
As used in this article, "nuisance" means the public nuisance which is specified in Section 12642.
- California Food and Agricultural Code Section 12642
Any lot of produce which is found to carry pesticide residue in excess of any maximum which is provided in this chapter, or in excess...
- California Food and Agricultural Code Section 12643
The district attorney of the county in which the nuisance is found, at the request of the director, shall maintain, in the name of the...
- California Food and Agricultural Code Section 12644
Upon judgment and by order of the court, the nuisance shall be condemned and destroyed in the manner directed by the court, or denatured or...
- California Food and Agricultural Code Section 12645
If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order...
- California Food and Agricultural Code Section 12646
If the court orders the sale of any of the produce or containers which can be salvaged, the costs of disposal shall be deducted from...
- California Food and Agricultural Code Section 12647
A proceeding pursuant to this article where the value of the property seized amounts to twenty-five thousand dollars ($25,000) or less is a limited civil
- California Food and Agricultural Code Section 12648
(a) Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether...
- California Food and Agricultural Code Section 12648.5
(a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or...
- California Food and Agricultural Code Section 12648.6
Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided pesticides that...
- California Food and Agricultural Code Section 12649
The director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to Section 12648 in the superior...
- California Food and Agricultural Code Section 12671
It is unlawful for any person to pack, ship, or sell any produce that carries pesticide residue in excess of the permissible tolerance which is...
- California Food and Agricultural Code Section 12672
The director or commissioner may prohibit the harvest of any produce or may seize and hold any lot of produce when a preharvest interval specified...
- California Food and Agricultural Code Section 12673
The director or commissioner may prohibit the harvest of any produce that carries pesticide residue in excess of a permissible tolerance which is established by...
- California Food and Agricultural Code Section 12674
It is unlawful for any person to harvest, pack, ship, sell, transport, destroy, or dispose of any plant, crop, or commodity which has been seized...
- California Food and Agricultural Code Section 12751
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 12752
"Defoliating" includes killing or artifically accelerating the drying of plant tissues, with or without causing abscission.
- California Food and Agricultural Code Section 12753
"Pesticide" includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances which is intended to be used for defoliating...
- California Food and Agricultural Code Section 12754
"Insect" means any animal within the class of animals which are known as "Insecta" or any similar animal such as a centipede, spider, mite, tick,...
- California Food and Agricultural Code Section 12754.5
"Pest" means any of the following that is, or is liable to become, dangerous or detrimental to the agricultural or nonagricultural environment of the state:...
- California Food and Agricultural Code Section 12755
"Registrant" means a person that has registered a pesticide and has obtained a certificate of registration from the department.
- California Food and Agricultural Code Section 12756
"Regulating plant growth" means the use of any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth...
- California Food and Agricultural Code Section 12757
"Rodent" means all members of the order Rodentia and all rabbits and hares.
- California Food and Agricultural Code Section 12757.5
"Service container" means any container, other than the original labeled container of a registered pesticide provided by the registrant, that is utilized to hold, store,...
- California Food and Agricultural Code Section 12758
"Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties...
- California Food and Agricultural Code Section 12758.5
"Use-dilution" means a dilution specified on the label or labeling that produces the concentration of the pesticide for a particular purpose or effect.
- California Food and Agricultural Code Section 12759
"Weed" means any plant which grows where not wanted.
- California Food and Agricultural Code Section 12781
The director may adopt regulations which are reasonably necessary to carry out this chapter.
- California Food and Agricultural Code Section 12782
A copy of the regulations which are adopted by the director pursuant to this chapter shall be mailed to each registrant promptly upon promulgation of...
- California Food and Agricultural Code Section 12783
Any person who is charged with the enforcement or execution of this chapter shall not be directly or indirectly interested in the sale, manufacture, or...
- California Food and Agricultural Code Section 12784
Any money that is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department...
- California Food and Agricultural Code Section 12786
The Legislature hereby finds and declares all of the following: (a) The continued viability of the agricultural economy is of paramount importance to the people...
- California Food and Agricultural Code Section 12790
Proposals for research consistent with the purposes of this article may be submitted to the committee by any person, organization, institution, or governmental agency.
- California Food and Agricultural Code Section 12794
Members of the research and screening committees shall serve without compensation, but shall be reimbursed for all necessary expenses incurred in the performance of their...
- California Food and Agricultural Code Section 12794.5
The department shall prepare an annual report of the research projects proposed, approved projects awarded, the status of ongoing research projects, the findings achieved from...
- California Food and Agricultural Code Section 12797
To the extent that funding is available, the secretary shall maintain a program to develop new methods and modify existing methods for testing produce for...
- California Food and Agricultural Code Section 12798
(a) The department shall establish a competitive grants program to make funds available to qualified public and private entities to conduct pest management research projects....
- California Food and Agricultural Code Section 12798.6
The secretary shall establish a Pest Science and Technology Screening Committee, which shall function as a scientific peer review committee on exotic pest research proposals...
- California Food and Agricultural Code Section 12801
This chapter does not apply to any preparation, drug, or chemical which is intended to be used or sold solely for medicinal or cosmetic use...
- California Food and Agricultural Code Section 12802
A person may mix or dilute any registered pesticide in accordance with its registered labeling for his or her own use or for use in...
- California Food and Agricultural Code Section 12803
The director, by regulation, may exempt from all or part of the requirements of this division a pesticide exempted pursuant to Section 25(b) of the...
- California Food and Agricultural Code Section 12804
(a) The director, by regulation, may exempt from all or part of the requirements of this division a liquid chemical sterilant product for use on...
- California Food and Agricultural Code Section 12811
Every manufacturer of, importer of, or dealer in any pesticide, except a person that sells any raw material to a manufacturer of any pesticide or...
- California Food and Agricultural Code Section 12811.5
The director may rely upon any evaluations of previously submitted data to determine whether to accept an application for registration of a new pesticide product,...
- California Food and Agricultural Code Section 12812
(a) The director shall establish, by regulation, fees for the Department of Pesticide Regulation's registration program, as established pursuant to this division. The fees shall...
- California Food and Agricultural Code Section 12814
Any county, state, or federal officer or employee who sells any pesticide at cost is not required to pay any fee that is imposed by...
- California Food and Agricultural Code Section 12815
If a manufacturer, importer, or dealer in pesticides that applies for registration of pesticides has complied with this chapter and the regulations that are adopted...
- California Food and Agricultural Code Section 12816
If the director finds that registration cannot be permitted due to noncompliance with this chapter or the regulations which are adopted pursuant to it, he...
- California Food and Agricultural Code Section 12817
Every registration expires on December 31st of each year except when renewal is applied for within one month thereafter in the manner which is provided...
- California Food and Agricultural Code Section 12818
If renewal is not applied for within one calendar month after the expiration of a registration, a penalty as prescribed by the director pursuant to...
- California Food and Agricultural Code Section 12819
A penalty shall not be collected if the person that makes application for renewal of registration makes an affidavit that no business was done during...
- California Food and Agricultural Code Section 12820
The payment of any renewal fee or penalty is not a bar to any prosecution for doing business without proper registry.
- California Food and Agricultural Code Section 12821
Each applicant for a certificate of registration shall also file a statement of every brand, trademark, and kind of pesticide that the applicant intends to...
- California Food and Agricultural Code Section 12822
A supplemental application for registration of any additional pesticide may be submitted at any time without payment of the penalty required by Section 12818.
- California Food and Agricultural Code Section 12823
A change in the name or percentage, or both, of an inert ingredient is not a change in composition of the pesticide that requires a...
- California Food and Agricultural Code Section 12824
The director shall endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the...
- California Food and Agricultural Code Section 12825
Pursuant to Section 12824, the director, after hearing, may cancel the registration of, or refuse to register, any pesticide: (a) That has demonstrated serious uncontrollable...
- California Food and Agricultural Code Section 12825.5
(a) If, during the registration process or at any time after the registration of a pesticide, the registrant has factual or scientific evidence of any...
- California Food and Agricultural Code Section 12826
If the director has reason to believe that any of the conditions stated in Section 12825 are applicable to any registered pesticide and that the...
- California Food and Agricultural Code Section 12827
The director may cancel a certificate of registration, or, refuse to issue certification to any manufacturer, importer, or dealer in any pesticide that repeatedly violates...
- California Food and Agricultural Code Section 12827.5
Whenever the director cancels the registration of, or refuses to register, any pesticide currently registered by the United States Environmental Protection Agency, the director shall...
- California Food and Agricultural Code Section 12828
Action by the director pursuant to Sections 12824, 12825, 12826, or 12827 is not a condition precedent to the institution of any action to prosecute...
- California Food and Agricultural Code Section 12828.5
(a) A registrant at any time may request that the registration of any of its pesticides be voluntarily canceled. The request shall be in writing...
- California Food and Agricultural Code Section 12829
If a person has a research authorization for a pesticide issued pursuant to Section 6260 of Title 3 of the California Code of Regulations for...
- California Food and Agricultural Code Section 12832
(a) Notwithstanding any other provision of this chapter, alfalfa and all vegetable crops, when grown for seed production, with the exception of corn, beans, pumpkin,...
- California Food and Agricultural Code Section 12833
(a) Notwithstanding any other provision of this chapter, the director may issue a certificate of emergency registration for a pesticide if all of the following...
- California Food and Agricultural Code Section 12836
(a) The director, by January 1, 1999, shall implement a program for the expedited registration of or for the expedited amendment of the registration of...
- California Food and Agricultural Code Section 12836.5
The director shall accept applications for registration of pesticide products containing a new active ingredient concurrently with the application to the United States Environmental Protection...
- California Food and Agricultural Code Section 12836.6
The director shall, with the assistance of the Legislative Analyst, conduct a study to consider more carefully the consequences of data-sharing agreements required under Section...
- California Food and Agricultural Code Section 12837
(a) The director may waive the submission or review, or both, of efficacy data developed by a registrant as a prerequisite for registration for any...
- California Food and Agricultural Code Section 12841
(a) It is unlawful for a person to sell for use in this state any pesticide products that have been registered by the director for...
- California Food and Agricultural Code Section 12841.1
(a) The director may collect an assessment, in addition to the mill assessment collected pursuant to Section 12841, for all pesticide sales for use in...
- California Food and Agricultural Code Section 12841.2
(a) The Department of Pesticide Regulation shall create a program to conduct outreach and education activities for worker safety, environmental safety, school safety, and proper...
- California Food and Agricultural Code Section 12841.3
(a) Notwithstanding Sections 2282, 12784, and 12841, the director shall pay from the revenue collected from the mill assessment in the Department of Pesticide Regulation...
- California Food and Agricultural Code Section 12841.4
(a) Every registrant of any production agricultural- or structural-use pesticide product sold for use in this state that is packaged in rigid, nonrefillable, high-density polyethylene...
- California Food and Agricultural Code Section 12842
Every person who sells for use in this state any pesticide products that have been registered by the director shall maintain in this state, or...
- California Food and Agricultural Code Section 12843
The payments required by this article, together with a return in a form prescribed by the director, shall be made quarterly one calendar month after...
- California Food and Agricultural Code Section 12844
The director and the county agricultural commissioners shall jointly develop regulations specifying the criteria to be used in allocating pesticide mill assessment funds to the...
- California Food and Agricultural Code Section 12844.5
Notwithstanding Section 12784, the funds paid to the counties under Section 12844 shall also be considered as reimbursement for costs incurred by the counties in...
- California Food and Agricultural Code Section 12845
(a) The director may adopt regulations that require persons subject to this article to provide information determined by the director to be necessary to enable...
- California Food and Agricultural Code Section 12847
Sales invoices for pesticides first sold into or within this state by a registrant, pesticide broker, pest control dealer, or other person subject to this...
- California Food and Agricultural Code Section 12851
The registrant of any pesticide shall attach to each separate lot, and each separate, finished, sealed, or closed container or package of pesticide that the...
- California Food and Agricultural Code Section 12852
The registrant of any pesticide that is sold or delivered to a consumer in this state shall furnish printed directions for use, and dilution if...
- California Food and Agricultural Code Section 12853
A registrant of pesticides may print upon the label of any sealed or closed container or package of pesticide that the registrant intends to sell...
- California Food and Agricultural Code Section 12854
No limitations of warranty by the seller shall exclude or waive either of the following implied warranties: (a) That the pesticide corresponds to all claims...
- California Food and Agricultural Code Section 12855
Except as otherwise provided in this article, the registrant is not liable for any injury or damage that is suffered solely by reason of any...
- California Food and Agricultural Code Section 12856
Except as otherwise provided in Section 12857, a pesticide shall not be sold unless it is in a registrant's sealed or closed container or package.
- California Food and Agricultural Code Section 12857
The director , pursuant to regulations prescribed by him or her, may authorize sales of pesticides to be made out of a registrant' s opened...
- California Food and Agricultural Code Section 12858
The statement of ingredients in any pesticide that is intended and sold for internal administration to animals may be given in terms of dosage in...
- California Food and Agricultural Code Section 12859
The director shall adopt regulations governing the labeling of service containers. The labeling regulations shall not apply to containers used by a person engaging in...
- California Food and Agricultural Code Section 12881
A pesticide is misbranded in any of the following cases: (a) The package or label bears any false or misleading statement, design, or device regarding...
- California Food and Agricultural Code Section 12882
A pesticide is also misbranded in any of the following cases: (a) The contents of the package as originally put up have been removed in...
- California Food and Agricultural Code Section 12883
Except as otherwise provided in Section 12884 , a pesticide is also misbranded when the label fails to state one of the following: (a) The...
- California Food and Agricultural Code Section 12884
If the preparation is highly toxic to humans, as determined by regulations of the director, a pesticide is misbranded if the label fails to state...
- California Food and Agricultural Code Section 12885
In addition to the other provisions of this article, a spray adjuvant is misbranded if the label fails to state the type or function and...
- California Food and Agricultural Code Section 12911
A pesticide is adulterated in any of the following cases: (a) Its strength or purity falls below the standard or quality that it is represented...
- California Food and Agricultural Code Section 12931
The director may take samples of pesticides, make analyses or examinations of them, and make such investigations as are necessary for the full enforcement of...
- California Food and Agricultural Code Section 12961
The director may seize and quarantine any pesticide that is adulterated, misbranded, or detrimental to agriculture or to the public health, or which is otherwise...
- California Food and Agricultural Code Section 12971
No recommendation shall be in conflict with the registered labeling for the product being recommended.
- California Food and Agricultural Code Section 12972
The use of any pesticide by any person shall be in such a manner as to prevent substantial drift to nontarget areas.
- California Food and Agricultural Code Section 12973
The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide or with any additional...
- California Food and Agricultural Code Section 12974
Failure of a person using a pesticide to possess a written recommendation shall create a rebuttable presumption that he or she has assumed responsibility for...
- California Food and Agricultural Code Section 12975
A person making a written recommendation does not incur an obligation to insure that the actual use follows his or her recommendation.
- California Food and Agricultural Code Section 12976
The director may adopt regulations to govern the possession, sale, or use of any pesticide which the director finds necessary to carry out the purposes...
- California Food and Agricultural Code Section 12977
The director, and the commissioner of each county under the direction and supervision of the director, shall enforce the provisions of this article and the...
- California Food and Agricultural Code Section 12978
Pesticide applications on public property which take place on school grounds, parks, or other public rights-of-way where public exposure is foreseeable shall be posted with...
- California Food and Agricultural Code Section 12979
A pesticide use report shall be submitted to the commissioner or director on a form and in a manner prescribed by the director. The data...
- California Food and Agricultural Code Section 12980
The Legislature hereby finds and declares that it is necessary and desirable to provide for the safe use of pesticides and for safe working conditions...
- California Food and Agricultural Code Section 12981
The director shall adopt regulations to carry out the provisions of this article. Such regulations shall include, but are not limited to, all of the...
- California Food and Agricultural Code Section 12982
The director and the commissioner of each county under the direction and supervision of the director, shall enforce the provisions of this article and the...
- California Food and Agricultural Code Section 12985
Any person who orders an employee to enter an area posted with a warning sign in violation of any worker safety reentry requirements promulgated pursuant...
- California Food and Agricultural Code Section 12986
(a) The director shall approve programs for training persons who handle or apply pesticides in aerial pest control operations. The training programs shall be consistent...
- California Food and Agricultural Code Section 12987
The director shall require registrants of pesticides to submit the data necessary to perform the director's duties under this article.
- California Food and Agricultural Code Section 12988
No pesticide may be registered or reregistered unless the director determines that the registrant has complied with this article.
- California Food and Agricultural Code Section 12991
It is unlawful for any person, individually or through another, in connection with any substance or mixture of substances included within the scope of this...
- California Food and Agricultural Code Section 12992
It is unlawful for any person to sell any adulterated or misbranded pesticide. In any prosecution of any agent or dealer under this section it...
- California Food and Agricultural Code Section 12993
It is unlawful for any person to manufacture, deliver, or sell any pesticide or any substance or mixture of substances that is represented to be...
- California Food and Agricultural Code Section 12994
It is unlawful for any person to transport, destroy, or dispose of any quarantined pesticide, unless the person has received written permission from the director.
- California Food and Agricultural Code Section 12995
Except as provided in regulations adopted by the director or as provided in the notice or order of suspension or cancellation, it is unlawful for...
- California Food and Agricultural Code Section 12996
(a) Every person who violates any provision of this division relating to pesticides, or any regulation issued pursuant to a provision of this division relating...
- California Food and Agricultural Code Section 12996.5
(a) For the purposes of this chapter: (1) "Office" means the Office of Environmental Health Hazard Assessment. (2) "Department" means the Department of Pesticide Regulation....
- California Food and Agricultural Code Section 12997
In lieu of seeking prosecution of any violation of this division as a misdemeanor, and the penalty prescribed in Section 12996, the director may prosecute...
- California Food and Agricultural Code Section 12997.5
(a) In addition to any penalties paid in connection with an enforcement action taken pursuant to Sections 12996, 12997, 12999, and 12999.5, any person who...
- California Food and Agricultural Code Section 12997.7
(a) The agency, in consultation with the department, the office, county agricultural commissioners, local health officers, CUPAs, and affected community members, shall by August 31,...
- California Food and Agricultural Code Section 12998
Any person who violates this division relating to pesticides or structural pest control devices, or any regulation issued pursuant to a provision of this division...
- California Food and Agricultural Code Section 12999
Upon a complaint by the director, or by the Structural Pest Control Board in the case of violations of Chapter 7.5 (commencing with Section 15300)...
- California Food and Agricultural Code Section 12999.2
The remedies or penalties provided by this division are in addition to the remedies or penalties available under any other law.
- California Food and Agricultural Code Section 12999.4
(a) In lieu of civil prosecution by the director, the director may levy a civil penalty against a person violating Sections 12115, 12116, 12671, 12992,...
- California Food and Agricultural Code Section 12999.5
(a) In lieu of civil prosecution by the director, the commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section...
- California Food and Agricultural Code Section 13000
(a) Except as provided in subdivisions (b) and (c), an action brought pursuant to this article shall be commenced by the director, the commissioner, the...
- California Food and Agricultural Code Section 13000.1
The commissioner or director may bring an action to enjoin the violation or the threatened violation of any order made pursuant to this division in...
- California Food and Agricultural Code Section 13101
The director, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or any...
- California Food and Agricultural Code Section 13102
The agricultural commissioner, upon a finding that the use, handling, delivery, or sale of a pesticide in violation of any provision of this division, or...
- California Food and Agricultural Code Section 13121
This article shall be known and may be cited as the Birth Defect Prevention Act of 1984.
- California Food and Agricultural Code Section 13122
It is the purpose of the Legislature in enacting this chapter to prevent pesticide induced abortions, birth defects, and infertility.
- California Food and Agricultural Code Section 13123
For purposes of this chapter, the following terms mean: (a) "Adverse reproductive effect" means a statistically significant adverse effect on parental reproductive performance and the...
- California Food and Agricultural Code Section 13123.5
To the extent feasible, health effects studies shall be conducted in accordance with standards and protocols established pursuant to the Federal Insecticide, Fungicide, and Rodenticide...
- California Food and Agricultural Code Section 13126
No new active pesticide ingredient shall be conditionally registered or licensed when any of the mandatory health effects studies, as defined in subdivision (c) of...
- California Food and Agricultural Code Section 13127
(a) Not later than December 31, 1985, the department shall identify 200 pesticide active ingredients which the department determines have the most significant data gaps...
- California Food and Agricultural Code Section 13127.2
The director shall, on January 15, 1992, issue a notice of the impending suspension of the registration of any pesticide product containing an active ingredient...
- California Food and Agricultural Code Section 13127.3
(a) The director shall grant an extension of time for submission of the required data if, and only if, the director, with the concurrence of...
- California Food and Agricultural Code Section 13127.31
Notwithstanding subdivision (a) of Section 13127.3, if the director finds that delays in submitting the mandatory health effects studies were primarily caused by actions of...
- California Food and Agricultural Code Section 13127.32
Notwithstanding any other provision of law, none of the following pesticide products shall remain registered in this state: (a) Except as specified in subdivision (b),...
- California Food and Agricultural Code Section 13127.5
(a) The director, with the concurrence of the Secretary for Environmental Protection, may defer the suspension of registration of a pesticide product, as provided in...
- California Food and Agricultural Code Section 13127.6
The director shall levy a charge on data generators of up to one thousand dollars ($1,000) per day for each day a data gap continues...
- California Food and Agricultural Code Section 13127.7
All documentation relevant to a finding made pursuant to Sections 13127.3 and 13127.5 shall be available to the public, and the findings shall be a...
- California Food and Agricultural Code Section 13127.8
(a) A suspension of registration of a pesticide product containing any of the active ingredients identified pursuant to subdivision (a) of Section 13127 shall be...
- California Food and Agricultural Code Section 13127.9
For each mandatory health effects study that is required for each active ingredient identified pursuant to subdivision (a) of Section 13127, the registrant shall submit...
- California Food and Agricultural Code Section 13127.91
The director shall suspend the registration of any pesticide product that contains an active ingredient identified pursuant to subdivision (a) of Section 13127 for which...
- California Food and Agricultural Code Section 13127.92
(a) Extensions of time granted pursuant to Sections 13127.3, 13127.31, and 13127.5 shall only be for the time necessary to complete the mandatory health effects...
- California Food and Agricultural Code Section 13128
No applicant for registration or current registrant of a pesticide who proposes to purchase or purchases a registered pesticide from another producer in order to...
- California Food and Agricultural Code Section 13129
(a) If the director, after evaluation of the health effects study of an active ingredient, finds that a pesticide product containing the active ingredient presents...
- California Food and Agricultural Code Section 13130.3
(a) Notwithstanding subdivision (b) of Section 13127, the time permitted by the director for submitting data to fill a data gap shall be as follows:...
- California Food and Agricultural Code Section 13131.1
(a) Not later than March 1, 1992, the director shall notify registrants of the data requirements, and the guidelines the director intends to use in...
- California Food and Agricultural Code Section 13131.2
(a) Prior to March 1, 1992, or in response to a written objection filed pursuant to paragraph (2) of subdivision (b) of Section 13131.1, the...
- California Food and Agricultural Code Section 13131.3
If the Office of Environmental Health Hazard Assessment does not concur with the determination of the department pursuant to Section 13131.2, the issue shall be...
- California Food and Agricultural Code Section 13131.4
(a) On or before January 1, 1994, the director shall issue a final notice of data gaps required to be filled for all pesticide active...
- California Food and Agricultural Code Section 13131.5
The director shall suspend the registration of any pesticide containing an active ingredient for which the director notifies a registrant pursuant to Section 13131.1 and...
- California Food and Agricultural Code Section 13133
If any provision of this article or the application thereof to any person or circumstances is held invalid, this invalidity shall not affect other provisions...
- California Food and Agricultural Code Section 13134
(a) The department, in cooperation with the State Department of Health Services, shall conduct an assessment of dietary risks associated with the consumption of produce...
- California Food and Agricultural Code Section 13135
The department and the State Department of Health Services shall jointly review the existing federal and state pesticide registration and food safety system and determine...
- California Food and Agricultural Code Section 13141
The Legislature finds and declares all of the following: (a) It is the right of every citizen in this state to drink safe, potable, wholesome,...
- California Food and Agricultural Code Section 13142
For the purposes of this article, the following definitions apply: (a) "Active ingredient" has the same meaning as defined in Section 136 of Title 7...
- California Food and Agricultural Code Section 13143
(a) Not later than December 1, 1986, a person that has registered a pesticide in California for agricultural use shall submit to the director the...
- California Food and Agricultural Code Section 13144
(a) The department shall establish specific numerical values for water solubility, soil adsorption coefficient (Koc), hydrolysis, aerobic and anaerobic soil metabolism, and field dissipation. The...
- California Food and Agricultural Code Section 13145
(a) Any registrant of a pesticide identified in paragraph (1) of subdivision (b) of Section 13144 is subject to a fine of up to ten...
- California Food and Agricultural Code Section 13146
(a) The director shall not register or renew the registration of a pesticide intended to be applied to or injected into the ground by ground-based...
- California Food and Agricultural Code Section 13147
The director shall annually request a budget appropriation in order to meet the reasonable and anticipated costs of conducting soil and water monitoring pursuant to...
- California Food and Agricultural Code Section 13148
(a) In order to more accurately determine the mobility and persistence of the pesticides identified pursuant to paragraph (2) of subdivision (b) of Section 13144...
- California Food and Agricultural Code Section 13149
(a) Within 90 days after a pesticide is found under any of the conditions listed in paragraph (1), (2), or (3), the director shall determine...
- California Food and Agricultural Code Section 13150
The director may allow the continued registration, sale, and use of a pesticide that meets any one of the conditions specified in Section 13149 if...
- California Food and Agricultural Code Section 13151
Any pesticide identified pursuant to Section 13149 that fails to meet any of the conditions of Section 13150 shall be canceled.
- California Food and Agricultural Code Section 13152
(a) The department shall conduct ongoing soil and groundwater monitoring of any pesticide whose continued use is permitted pursuant to paragraph (3) of subdivision (d)...
- California Food and Agricultural Code Section 13161
For the purposes of this article, the following definitions apply: (a) "Feasible alternative" means other chemical or nonchemical procedures that can reasonably accomplish the same...
- California Food and Agricultural Code Section 13162
The director may issue a certificate of interim registration allowing the sale and use of a pesticide that otherwise meets the requirements of this chapter...
- California Food and Agricultural Code Section 13163
In granting a certificate of interim registration, the director may defer no more than three of the following registration data requirements: (a) Efficacy studies pursuant...
- California Food and Agricultural Code Section 13164
Consistent with the limitations of Section 13163, a registrant or a user group of any pesticide registered by the United States Environmental Protection Agency may...
- California Food and Agricultural Code Section 13165
Notwithstanding Section 13163, the director shall not grant a certificate of interim registration unless he or she consults with the Pesticide Registration and Evaluation Committee...
- California Food and Agricultural Code Section 13166
The director shall limit the use of any pesticide granted a certificate of interim registration to specific uses within a pest management system meeting the...
- California Food and Agricultural Code Section 13167
The director shall revoke or refuse to renew a certificate of interim registration at any time that he or she finds that the interim registration...
- California Food and Agricultural Code Section 13168
The director may adopt regulations to carry out this article.
- California Food and Agricultural Code Section 13169
To the extent that this article conflicts with other provisions in Article 15 of this chapter, this article shall prevail. Unless otherwise specified in this...
- California Food and Agricultural Code Section 13170
The department shall impose a fee in an amount sufficient to cover the department's costs of reviewing and processing the application on any person who...
- California Food and Agricultural Code Section 13180
This article, Article 4 (commencing with Section 17608) of Chapter 5 of Part 10.5 of the Education Code, and Article 2 (commencing with Section 105500)...
- California Food and Agricultural Code Section 13181
Notwithstanding any other provision of law, for purposes of this article, "integrated pest management" means a pest management strategy that focuses on long-term prevention or...
- California Food and Agricultural Code Section 13182
It is the policy of the state that effective least toxic pest management practices should be the preferred method of managing pests at schoolsites and...
- California Food and Agricultural Code Section 13183
(a) The Department of Pesticide Regulation shall promote and facilitate the voluntary adoption of integrated pest management programs for schoolsites, excluding privately-operated child day care...
- California Food and Agricultural Code Section 13184
(a) In implementing Section 13183, the department shall establish and maintain an Internet Web site as a comprehensive directory of resources describing and promoting least-hazardous...
- California Food and Agricultural Code Section 13185
(a) The department shall establish an integrated pest management training program in order to facilitate the adoption of a model IPM program and least-hazardous pest...
- California Food and Agricultural Code Section 13186
(a) The Legislature finds and declares that the Department of Pesticide Regulation, pursuant to Section 12979 of the Food and Agricultural Code and Sections 6624...
- California Food and Agricultural Code Section 13187
Section 13186 shall not apply to any agency signatory to a cooperative agreement with the State Department of Health Services pursuant to Section 116180 of...
- California Food and Agricultural Code Section 13188
The Director of Pesticide Regulation may adopt regulations to implement this article.
- California Food and Agricultural Code Section 13190
(a) "Clopyralid" means 3,6-dichloro-2-pyridinecarboxylic acid. (b) "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the...
- California Food and Agricultural Code Section 13191
(a) No person, except a pest control dealer licensed pursuant to Chapter 7 (commencing with Section 12101) of Division 6 of the Food and Agricultural...
- California Food and Agricultural Code Section 13192
Not later than April 1, 2003, the department shall, pursuant to Sections 12824 and 12825, do both of the following: (a) Determine in writing those...
- California Food and Agricultural Code Section 14001
The director shall control and otherwise regulate the use of restricted materials found to meet the criteria of Section 14004.5.
- California Food and Agricultural Code Section 14002
This chapter applies to all agencies of the United States and the State of California and its subdivisions or to their officers, agents, or employees....
- California Food and Agricultural Code Section 14003
This article does not relieve any person from liability for any damage to the person or property of another person which is caused by the...
- California Food and Agricultural Code Section 14004
The director, and the commissioner of each county under the direction and supervision of the director, shall enforce this chapter and the regulations issued pursuant...
- California Food and Agricultural Code Section 14004.5
The director shall, by regulation, designate and establish as necessary to carry out the purposes of this division, a list of restricted materials based upon,...
- California Food and Agricultural Code Section 14005
Except as provided in subdivision (d) of Section 14006.6, the director shall adopt regulations which govern the possession and use of any restricted material which...
- California Food and Agricultural Code Section 14006
The regulations shall prescribe the time when, and the conditions under which, a restricted material may be used or possessed in different areas of the...
- California Food and Agricultural Code Section 14006.5
Except as provided in Section 14006.6, no person shall use or possess any pesticide designated as a restricted material for any agricultural use except under...
- California Food and Agricultural Code Section 14006.6
(a) A permit shall not be required for the agricultural use of any pesticide not designated as a restricted material unless the commissioner determines that...
- California Food and Agricultural Code Section 14006.7
The director shall designate, by regulation, a list of "exempt materials" for which the director finds additional restrictions, other than registration and labeling requirements, are...
- California Food and Agricultural Code Section 14007
(a) Every permit that is issued under the regulations adopted pursuant to this chapter is conditioned upon compliance with this code and regulations adopted pursuant...
- California Food and Agricultural Code Section 14008
Any permit may be refused, revoked, or suspended for violation of any of the conditions of the permit, or of a previous permit, or for...
- California Food and Agricultural Code Section 14009
(a) Any interested person may request the commissioner to review his or her action in issuing, refusing, revoking, suspending, or conditioning a permit to use...
- California Food and Agricultural Code Section 14010
It is unlawful for any person to sell or deliver any restricted material to any person that is required by regulations adopted by the director...
- California Food and Agricultural Code Section 14011
It is unlawful for any person to apply any restricted material for which regulations have been adopted except as provided in the regulations which are...
- California Food and Agricultural Code Section 14011.5
Except as may be provided in regulations adopted by the director, a pesticide use report shall be submitted to the commissioner, on a form prescribed...
- California Food and Agricultural Code Section 14012
(a) Any person who is required to register pesticides under Article 4 (commencing with Section 12811) of Chapter 2, and who sells or transfers any...
- California Food and Agricultural Code Section 14015
Except as provided by regulation adopted by the director, a restricted material shall only be possessed or used by, or under the direct supervision of,...
- California Food and Agricultural Code Section 14021
(a) As used in this article, "pesticide" is defined in Section 12753. (b) For purposes of this article, "toxic air contaminant" means an air pollutant...
- California Food and Agricultural Code Section 14022
(a) In consultation with the State Department of Health Services and the State Air Resources Board, the director shall evaluate the health effects of pesticides...
- California Food and Agricultural Code Section 14023
(a) Upon completion of the evaluation conducted pursuant to Section 14022, the director shall, in consultation and with the participation of the State Department of...
- California Food and Agricultural Code Section 14024
(a) For those pesticides for which a need for control measures has been determined pursuant to subdivision (e) of Section 14023 and pursuant to provisions...
- California Food and Agricultural Code Section 14025
Any person may petition the department to review a determination made pursuant to this article. The petition shall specify the additional scientific evidence regarding the...
- California Food and Agricultural Code Section 14026
Nothing in this article shall be construed to limit or expand the department's authority regarding pesticides which are not determined to be toxic air contaminants.
- California Food and Agricultural Code Section 14027
(a) Notwithstanding Section 12998, any person who violates any rule or regulation, emission limitation, or permit condition adopted pursuant to this article is liable for...
- California Food and Agricultural Code Section 14031
As used in this article, "2,4-D" means any form of 2,4-dichlorophenoxyacetic acid.
- California Food and Agricultural Code Section 14032
Except as otherwise provided in this article and in the regulations which are adopted by the director, it is unlawful for any person to use...
- California Food and Agricultural Code Section 14033
The director shall adopt regulations that govern the use of 2,4-D and any other herbicide which he finds and determines is injurious to any crop...
- California Food and Agricultural Code Section 14034
This article does not relieve any person from liability for any damage to the property of another person which is caused by the use of...
- California Food and Agricultural Code Section 14061
As used in this article, "Compound 1080" means sodium fluoroacetate or any preparation of sodium fluoroacetate.
- California Food and Agricultural Code Section 14062
Except as otherwise provided in this article, it is unlawful for any person to sell, use, or possess any Compound 1080.
- California Food and Agricultural Code Section 14063
Subject to regulations of the director, any of the following persons may sell, use, or possess Compound 1080 for the purposes or uses that are...
- California Food and Agricultural Code Section 14081
The director, after investigation and hearing, shall adopt regulations by April 1, 1989, which govern the use of methyl bromide and chloropicrin as field fumigants.
- California Food and Agricultural Code Section 14082
The director may prescribe the time when, and the conditions under which, methyl bromide and chloropicrin may be used in different areas of the state.
- California Food and Agricultural Code Section 14090
It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that...
- California Food and Agricultural Code Section 14091
The application for a private applicator certificate or a renewal of the certificate shall be on a form prescribed by the director. Each application shall...
- California Food and Agricultural Code Section 14092
(a) Applicants shall be examined on the requirements of statutes and regulations concerning pesticide use and pest control operations including, but not limited to, knowledge...
- California Food and Agricultural Code Section 14093
The commissioner, or the director in any county where there is no commissioner, shall issue a private applicator certificate to each applicant who passes the
- California Food and Agricultural Code Section 14094
If a passing score of 70 percent is not achieved, the applicant may not retake the examination for seven calendar days.
- California Food and Agricultural Code Section 14095
A private applicator certificate shall be issued for a period of three years except that the initial term of a private applicator certificate shall expire...
- California Food and Agricultural Code Section 14096
Certified private applicators may renew their certificate for a period of three years by completing the continuing education requirement as prescribed by the director, by...
- California Food and Agricultural Code Section 14097
The commissioner, or the director in a county where there is no commissioner, may establish a program to certify employees other than the operator of...
- California Food and Agricultural Code Section 14098
(a) A private applicator certificate may be refused, revoked, or suspended by the commissioner or director for any of the following reasons: (1) Failure to...
- California Food and Agricultural Code Section 14099.5
This chapter shall become operative on January 1, 1997.
- California Food and Agricultural Code Section 14101
As used in this division, "environment" means the aggregate of all factors that influence the conditions of life in or about the state or within...
- California Food and Agricultural Code Section 14102
The director shall prohibit or regulate the use of environmentally harmful materials, pursuant to the provisions of Chapters 2 (commencing with Section 12751) and 3...
- California Food and Agricultural Code Section 14103
In establishing criteria and regulations relating to environmental injury and protection, and in conducting the reviews required in Chapters 2 and 3, the director shall...
- California Food and Agricultural Code Section 14151
The director may, by regulation, specify the pesticide applications that shall be made by or under the supervision of a person holding a valid qualified...
- California Food and Agricultural Code Section 14152
An application for a qualified applicator certificate shall be in a form prescribed by the director. Each application shall state the name and address of...
- California Food and Agricultural Code Section 14153
(a) Applicants shall be examined on the requirements of laws and regulations concerning pesticide use and shall elect to be examined for certification in one...
- California Food and Agricultural Code Section 14153.1
The director may designate subcategories within the categories listed in Section 14153 as the director determines to be necessary.
- California Food and Agricultural Code Section 14154
The director shall issue a qualified applicator certificate to each applicant who satisfies the requirements of this chapter.
- California Food and Agricultural Code Section 14155
A qualified applicator certificate may be refused, revoked, or suspended by the director, after hearing, for any of the following: (a) Failure to comply with...
- California Food and Agricultural Code Section 14200
The Legislature hereby declares that this chapter, which prescribes the distribution and use of livestock drugs, is intended to assure that such drugs are available...
- California Food and Agricultural Code Section 14201
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 14202
"Drug" means any of the following substances: (a) Any substance which is intended for use in the diagnosis, cure, mitigation, prevention, or treatment of disease....
- California Food and Agricultural Code Section 14203
"Restricted drug" means any livestock drug which is sold in such form that it might be administered to humans and if so administered would be...
- California Food and Agricultural Code Section 14204
"Label" includes written and graphic matter which is imprinted upon, or upon paper or other material affixed to, or accompanying, a container of a livestock
- California Food and Agricultural Code Section 14205
"Livestock" includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those...
- California Food and Agricultural Code Section 14206
"Livestock drug" means any drug, combination of drugs, proprietary medicine, or combination of drugs and other ingredients which is prepared for administration to livestock orally,...
- California Food and Agricultural Code Section 14207
"Manufacturer" includes any person that is responsible for the placing of a livestock drug on the market in this state.
- California Food and Agricultural Code Section 14208
"Retailer" means any person that sells any livestock drug at retail.
- California Food and Agricultural Code Section 14209
"Distribute" means to offer for sale, sell, exchange, or barter.
- California Food and Agricultural Code Section 14231
The director shall enforce this chapter and, in accordance with the provisions of Section 14200, may make and enforce such regulations which relate to the...
- California Food and Agricultural Code Section 14232
All money which is received under this chapter shall be paid into the Department of Agriculture Fund. Any money in the Department of Agriculture Fund...
- California Food and Agricultural Code Section 14233
The provisions of this chapter shall be controlling over those of any other provisions of law which are in conflict with them. No act or...
- California Food and Agricultural Code Section 14261
This chapter, except Section 14363, does not apply to any of the following: (a) Any livestock drug which is sold exclusively to, and used exclusively...
- California Food and Agricultural Code Section 14262
This chapter also does not apply to any of the following: (a) Any livestock drug that is intended for, and that is used solely for,...
- California Food and Agricultural Code Section 14281
A person shall not sell any livestock drug in this state prior to receipt of a registration certificate pursuant to this chapter.
- California Food and Agricultural Code Section 14282
The manufacturer of any livestock drug shall apply to the director for registration of the livestock drug.
- California Food and Agricultural Code Section 14283
The application shall be in a form which is supplied by the director. It shall show all of the following: (a) The name of the...
- California Food and Agricultural Code Section 14284
The application shall also contain a detailed description, or be accompanied by a copy, of the label of each type and size of container in...
- California Food and Agricultural Code Section 14285
The label shall contain all of the following: (a) The name, brand, or trademark of the livestock drug. (b) The name of the applicant and...
- California Food and Agricultural Code Section 14286
If it is proposed that any instructions for use, other than those on the label, shall accompany containers of the livestock drug which are sold...
- California Food and Agricultural Code Section 14287
The director shall examine and consider the application together with all material, data, and information which accompanies it.
- California Food and Agricultural Code Section 14288
The director shall refuse to register a livestock drug if he finds any of the following is true of the drug: (a) It is of...
- California Food and Agricultural Code Section 14289
If the livestock drug is a restricted drug, the director shall also refuse registration if he finds that the instructions for use do not contain...
- California Food and Agricultural Code Section 14290
The registration of a livestock drug includes all of the following: (a) Registration of the drug and its ingredients. (b) Registration of the label. (c)...
- California Food and Agricultural Code Section 14291
(a) The fee for a two-year registration certificate for a livestock drug is one hundred eighty dollars ($180). The certificate period shall commence beginning January...
- California Food and Agricultural Code Section 14292
If registration is granted, the original fee covers the registration for the remainder of the then current calendar year in which registration is granted.
- California Food and Agricultural Code Section 14293
The fee for application for renewal of registration is one hundred eighty dollars ($180) for a two-year period. It is payable on or before January...
- California Food and Agricultural Code Section 14294
The director may quarantine and remove from sale any livestock drug which is not registered pursuant to this chapter or any livestock drug which does...
- California Food and Agricultural Code Section 14295
The director shall have access at all reasonable hours to all premises which are used in the manufacture, sale, or storage of any livestock drug,...
- California Food and Agricultural Code Section 14296
The director may revoke the registration of any livestock drug if he finds, from representative samples, that the drug as offered for sale fails to...
- California Food and Agricultural Code Section 14321
A person shall not sell any restricted drug in this state at retail unless he holds a license to do so issued pursuant to this
- California Food and Agricultural Code Section 14322
Any person may file with the director an application for a license pursuant to this chapter. The application shall be on a form which is...
- California Food and Agricultural Code Section 14323
The application shall be accompanied by an application fee of twenty-five dollars ($25). The fee is not refundable if the license is refused.
- California Food and Agricultural Code Section 14324
If the license is issued, the application fee covers the license for the remainder of the current calendar year in which it is issued.
- California Food and Agricultural Code Section 14325
The fee for the renewal application for a license is twenty-five dollars ($25) per year. It is payable on or before January 31st of each...
- California Food and Agricultural Code Section 14326
A separate license is required for each place of business at which any restricted drug is kept for sale, and for each mobile unit in...
- California Food and Agricultural Code Section 14327
The director may make an examination of the facilities which are available to the applicant for the proper handling and storing of restricted drugs and...
- California Food and Agricultural Code Section 14328
Each holder of a license under this chapter shall keep a record, in the manner and form prescribed by the director, of each sale of...
- California Food and Agricultural Code Section 14329
The record required pursuant to Section 14328 shall include all of the following: (a) A statement of the kind and quantity of the restricted drug...
- California Food and Agricultural Code Section 14330
The director shall revoke a restricted drug license if he finds that the holder of such license has failed to keep the required record of...
- California Food and Agricultural Code Section 14351
It is unlawful for any person to sell any livestock drug which is subject to any provision of this chapter unless the drug is registered...
- California Food and Agricultural Code Section 14352
It is unlawful for any registrant to sell any livestock drug which does not conform with its registration.
- California Food and Agricultural Code Section 14353
It is unlawful for any person to administer any registered livestock drug to any human being.
- California Food and Agricultural Code Section 14354
It is unlawful for any person to sell any restricted drug unless such person has a license issued pursuant to this chapter.
- California Food and Agricultural Code Section 14355
It is unlawful for any person to use or administer any registered livestock drug except in accordance with the label instructions for use which are...
- California Food and Agricultural Code Section 14356
It is unlawful for the holder of a restricted drug license to sell a restricted drug without requiring the purchaser of the restricted drug to...
- California Food and Agricultural Code Section 14357
It is unlawful for any person to refuse to permit the entry into and inspection of any premises wherein any livestock drug is manufactured or...
- California Food and Agricultural Code Section 14358
It is unlawful for any person to sell any livestock drug except in the container in which it is packaged by the manufacturer or distributor...
- California Food and Agricultural Code Section 14359
It is unlawful for any person to make any false or misleading representation which relates to any livestock drug, whether such representation is communicated orally,...
- California Food and Agricultural Code Section 14360
It is unlawful for any livestock owner or his or her agent to sell or dispose of treated livestock or livestock products within the specified...
- California Food and Agricultural Code Section 14361
The director may seize and hold any livestock drug which he has reasonable cause to believe is in violation of the provisions of this chapter...
- California Food and Agricultural Code Section 14362
It is unlawful for any person to manufacture, distribute, sell, or use any livestock drug without complying with the provisions of this chapter and the...
- California Food and Agricultural Code Section 14363
(a) It is unlawful for any livestock owner or agent to sell or dispose of any livestock or livestock carcasses which within 48 hours after...
- California Food and Agricultural Code Section 14364
(a) It is unlawful to sell or dispose of a bob veal calf for the purposes of slaughter without first affixing to the animal a...
- California Food and Agricultural Code Section 14365
(a) It is unlawful to sell or dispose of a dairy cull cow without first affixing to the animal a producer identification number issued by...
- California Food and Agricultural Code Section 14381
A violation of this chapter or of any regulation which is adopted by the director pursuant to this chapter is an infraction punishable by a...
- California Food and Agricultural Code Section 14382
(a) The director may, after a hearing, refuse to issue or renew, or may suspend or revoke a livestock drug registration or restricted drug license...
- California Food and Agricultural Code Section 14390
In addition to the remedies provided in this chapter, the department may bring an action in superior court and such court shall have jurisdiction upon...
- California Food and Agricultural Code Section 14501
The Legislature finds and declares that it is the intent of this chapter to do all of the following: (a) To promote the distribution of...
- California Food and Agricultural Code Section 14502
The secretary shall enforce this chapter and adopt and enforce such regulations relating to the manufacture, guaranteeing, labeling, and distribution of, the manner of reporting...
- California Food and Agricultural Code Section 14502.1
The secretary shall notify every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, of their duty to maintain records pursuant...
- California Food and Agricultural Code Section 14503
Any money which is received by the director pursuant to this chapter shall be paid into the State Treasury to the credit of the Department...
- California Food and Agricultural Code Section 14504
The secretary shall prepare an annual statement of the operating expenditures and revenue related to this chapter which shall be presented to the board for...
- California Food and Agricultural Code Section 14505
Agricultural products derived from municipal sewage sludge shall be regulated as a fertilizing material pursuant to this chapter, and when used in general commerce, these...
- California Food and Agricultural Code Section 14511
"Agricultural liming materials" are agricultural minerals composed of calcium or magnesium compounds, or both, which are capable of neutralizing soil acidity and which are distributed...
- California Food and Agricultural Code Section 14512
"Agricultural mineral" means any substance with nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O), singly or in combination, in amounts less than 5...
- California Food and Agricultural Code Section 14512.5
"Ammonium nitrate" means solid ammonium nitrate that is chiefly the ammonium salt of nitric acid, contains not less than 33 percent of nitrogen, one-half of...
- California Food and Agricultural Code Section 14513
"Auxiliary soil and plant substance" means any chemical or biological substance or mixture of substances or device distributed in this state to be applied to...
- California Food and Agricultural Code Section 14514
"Biotics" means all materials for which claims are made relating to organisms, enzymes, or organism by-products.
- California Food and Agricultural Code Section 14515
"Board" means the Fertilizer Inspection Advisory Board.
- California Food and Agricultural Code Section 14516
"Brand" means any term, design, or trademark used in connection with a fertilizing material product.
- California Food and Agricultural Code Section 14517
"Bulk material" means fertilizing materials distributed in nonpackaged form or in a container containing more than 50 kilograms or 110 pounds.
- California Food and Agricultural Code Section 14518
"Business location" means any place where fertilizing materials are sold or stored for later sale, except storage of package materials on premises operated exclusively as...
- California Food and Agricultural Code Section 14519
"Captured dilute solutions" means solutions that contain low levels of plant nutrients as a result of equipment rinsing and runoff.
- California Food and Agricultural Code Section 14520
"Chelates" means compounds, usually organic, which can combine with a metal ion and form a ring structure between a portion of the chelating agent molecule...
- California Food and Agricultural Code Section 14521
"Chelated plant nutrients" means compounds of metallic secondary nutrients and micronutrients with organic chelating agents which have the property of being available under pH conditions...
- California Food and Agricultural Code Section 14522
"Commercial fertilizer" means any substance which contains 5 percent or more of nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), singly or collectively,...
- California Food and Agricultural Code Section 14523
"Common carrier" means a company licensed with the Public Utilities Commission that hauls for hire.
- California Food and Agricultural Code Section 14524
"Complex" means bonding which includes both of the following: (a) "Natural organic complexes" means organic by-products of the wood pulp and other industries, such as...
- California Food and Agricultural Code Section 14525
"Compost" means a biologically stable material derived from the composting process.
- California Food and Agricultural Code Section 14526
"Composting" means the biological decomposition of organic matter which inhibits pathogens, viable weed seeds, and odors. "Composting" may be accomplished by mixing and piling in...
- California Food and Agricultural Code Section 14527
"Derivation statement" means the sources of all guaranteed primary nutrients or secondary nutrients, or both, and micronutrients.
- California Food and Agricultural Code Section 14528
"Discontinued manufacturing" means an auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, organic input material, and specialty fertilizer that is no longer...
- California Food and Agricultural Code Section 14529
"Distribute" means to sell, offer, expose for sale, exchange, barter, or otherwise supply products for use in, or shipment within or into, this state.
- California Food and Agricultural Code Section 14530
"Distributor" means any person who imports or consigns a fertilizing material or who offers for sale, sells, barters, or othewise supplies this product for use...
- California Food and Agricultural Code Section 14531
"Experimental use" means any application of a fertilizing material which is not offered for sale, has no commercial value, and is for the sole purpose...
- California Food and Agricultural Code Section 14532
"Farm use" means that the fertilizing material is used primarily for application to crops produced for commercial value.
- California Food and Agricultural Code Section 14533
"Fertilizing material" means any commercial fertilizer, agricultural mineral, auxiliary soil and plant substance, organic input material, or packaged soil amendment.
- California Food and Agricultural Code Section 14534
"Fish emulsion" means fertilizing material from which the guaranteed nutrients are derived primarily from fish, which contains a minimum of 40 percent total solids from...
- California Food and Agricultural Code Section 14535
"Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in the same terms, order, and percentage as the guaranteed analysis.
- California Food and Agricultural Code Section 14536
"Guaranteed analysis" means the minimum percentage of primary or secondary plant nutrients or micronutrients, or both, claimed.
- California Food and Agricultural Code Section 14537
(a) "Gypsum" means calcium sulfate dihydrate, a mineral used in the fertilizer industry as a source of calcium and sulfur which is also known as...
- California Food and Agricultural Code Section 14538
"Hydroponics" means a system in which water soluble primary or secondary plant nutrients or micronutrients, or combination thereof, are placed in intimate contact with the...
- California Food and Agricultural Code Section 14539
"Investigational allowance" means an allowance for variation inherent in the taking, preparation, and analysis of an official sample of fertilizing materials.
- California Food and Agricultural Code Section 14540
"Label" means the display of all written, printed, or graphic matter on the immediate container of, or a statement, including the guaranteed analysis, accompanying fertilizing
- California Food and Agricultural Code Section 14541
"Label guarantor" means the manufacturer's or person's name appearing on the label of a fertilizing material.
- California Food and Agricultural Code Section 14542
"Labeling" means all written, printed, or graphic matter on, accompanying, or used in promoting the sale of any fertilizing material, including advertisements, brochures, posters, and...
- California Food and Agricultural Code Section 14543
"Licensee" means a person who has obtained a license pursuant to this chapter.
- California Food and Agricultural Code Section 14544
"Manufacturer" means a person who produces, sells, or distributes a fertilizing material in this state that bears their company name on the label and is...
- California Food and Agricultural Code Section 14545
"Manure" means any substances composed primarily of animal excrement, plant remains, or mixtures of those substances.
- California Food and Agricultural Code Section 14546
"Micronutrients" means boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, or zinc, alone or in any combination.
- California Food and Agricultural Code Section 14547
"Mixed fertilizer" is a commercial fertilizer containing any combination or mixture of fertilizing materials.
- California Food and Agricultural Code Section 14548
"Natural organic fertilizer" means materials derived from either plant or animal products containing one or more nutrients other than carbon, hydrogen, and oxygen, which are...
- California Food and Agricultural Code Section 14549
"Noncommercial use" means materials used primarily for application to lawns, shrubbery, flowers, trees, or where there is no crop for commercial value or economic purpose,...
- California Food and Agricultural Code Section 14550
"Official sample" means any sample of fertilizing material taken by an agent of the department and designated as "official" by the department.
- California Food and Agricultural Code Section 14550.5
"Organic input material" means any bulk or packaged commercial fertilizer, agricultural mineral, auxiliary soil and plant substance, specialty fertilizer, or soil amendment, excluding pesticides, that...
- California Food and Agricultural Code Section 14551
"Packaged" means a fertilizing material distributed in packaged form or in a container containing equal to or less than 50 kilograms or 110 pounds.
- California Food and Agricultural Code Section 14552
"Packaged soil amendment" means any substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils solely through...
- California Food and Agricultural Code Section 14553
"Percent or percentage" means percentage by weight.
- California Food and Agricultural Code Section 14554
"Person" means individual, partnership, association, firm, limited liability company, or corporation who assumes responsibility for the product.
- California Food and Agricultural Code Section 14555
"Plant" means any business location where fertilizing materials are manufactured, sold, or stored for later sale, except storage of packaged materials on premises operated exclusively...
- California Food and Agricultural Code Section 14556
"Primary plant nutrient" means nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O).
- California Food and Agricultural Code Section 14557
"Provisional registration" means that under certain circumstances, a label for renewal on an auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, organic...
- California Food and Agricultural Code Section 14558
"Registrant" means any person who has registered a packaged agricultural mineral, auxiliary soil and plant substance, packaged soil amendment, organic input material, or specialty fertilizer.
- California Food and Agricultural Code Section 14559
"Secondary plant nutrient" means calcium, magnesium, or sulfur, alone or in any combination.
- California Food and Agricultural Code Section 14559.5
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 14560
"Sewage sludge" means the solid material resulting from the treatment of waste water of residential or municipal sewage systems.
- California Food and Agricultural Code Section 14561
"Soil conditioners" means polyelectrolytes, such as complex vinyl and acrylic compounds and certain cellulose and lignin derivatives, which tend to agglomerate soil colloids and produce...
- California Food and Agricultural Code Section 14562
"Soilless growing medium" means a medium of an inorganic substance, such as sand or gravel, or in a soilless organic material such as sphagnum peat...
- California Food and Agricultural Code Section 14563
"Specialty fertilizer" means packaged commercial fertilizer labeled for home gardens, lawns, shrubbery, flowers, and other similar noncommercial uses. These products may contain less than 5...
- California Food and Agricultural Code Section 14564
"Ton" means a net weight of 2,000 pounds avoirdupois.
- California Food and Agricultural Code Section 14581
There is, in the department, a Fertilizer Inspection Advisory Board consisting of nine persons appointed by the secretary, eight of whom shall be licensed under...
- California Food and Agricultural Code Section 14582
The term of office of a member of the board is three years. The initial board shall consist of, three members appointed for a term...
- California Food and Agricultural Code Section 14583
The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter, including, but not limited to, the...
- California Food and Agricultural Code Section 14583.5
(a) The secretary, by January 1, 2012, and in consultation with the board, shall review the definition of organic input materials in Section 14550.5 and...
- California Food and Agricultural Code Section 14584
The board shall elect a chairperson and other officers as it deems advisable.
- California Food and Agricultural Code Section 14585
The board shall meet at the call of the chairperson or the secretary, or at the request of any five members of the board. The...
- California Food and Agricultural Code Section 14586
The secretary shall accept the recommendations of the advisory board pertaining to subdivision (b) of Section 14611 if he or she finds them to be...
- California Food and Agricultural Code Section 14591
(a) Every person who manufactures or distributes fertilizing materials shall, before he or she engages in the activity, obtain a license from the secretary for...
- California Food and Agricultural Code Section 14592
A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation...
- California Food and Agricultural Code Section 14593
The license shall expire on December 31, of an even-numbered year. Each application for renewal shall be accompanied by a fee not to exceed two...
- California Food and Agricultural Code Section 14601
(a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a different...
- California Food and Agricultural Code Section 14602
A violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). A second or subsequent violation...
- California Food and Agricultural Code Section 14603
The registration shall expire on December 31, of an odd-numbered year. Each application for renewal shall be accompanied by a fee not to exceed two...
- California Food and Agricultural Code Section 14611
(a) Any licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Sections 14517 and 14533, to unlicensed...
- California Food and Agricultural Code Section 14612
Each licensee shall maintain in this state, or with the secretary's permission, at another location, an accurate record of all transactions subject to assessment. These...
- California Food and Agricultural Code Section 14612.5
(a) Every licensee that manufactures, distributes, or sells ammonium nitrate, as defined in Section 14512.5, shall maintain in this state, or with the secretary's permission,...
- California Food and Agricultural Code Section 14613
The payment required by Section 14611, together with a form containing information prescribed by the secretary, shall be made quarterly within one calendar month after...
- California Food and Agricultural Code Section 14621
The last licensee selling or distributing fertilizing material shall submit a tonnage report, on a form or a computer printout format approved by the secretary,...
- California Food and Agricultural Code Section 14622
(a) The secretary shall publish, at least annually, a tonnage report. The secretary shall distribute the report and may charge a fee to cover the...
- California Food and Agricultural Code Section 14623
The tonnage report shall be submitted to the secretary semiannually not later than January 31 and July 31 of each year. The secretary shall impose...
- California Food and Agricultural Code Section 14631
Every lot, parcel, or package of fertilizing material distributed into or within this state shall have attached to it, or the shipment shall be physically...
- California Food and Agricultural Code Section 14641
The secretary shall have free access at reasonable times to all records, premises, production processes, or conveyances that are used in the manufacture, transportation, importation,...
- California Food and Agricultural Code Section 14642
The secretary shall, at the times and to the extent necessary for the enforcement of this chapter, do all of the following: (a) Take samples...
- California Food and Agricultural Code Section 14643
In determining the percentage of component parts of any substance for the purpose of proper labeling, registration, or determining compliance with representations, all analyses shall...
- California Food and Agricultural Code Section 14644
The secretary shall publish, at least annually, the results of examinations or chemical analyses of official samples of commercial fertilizer and agricultural minerals, and any...
- California Food and Agricultural Code Section 14645
The secretary may take a sample for analysis from any lot of fertilizing material which is in the possession of any producer, manufacturer, importer, agent,...
- California Food and Agricultural Code Section 14646
The secretary shall establish sampling procedures by regulation.
- California Food and Agricultural Code Section 14647
Upon the analysis of a sample of fertilizing material, the secretary shall issue a report showing the findings and indicating that the product has met...
- California Food and Agricultural Code Section 14648
In any action, civil or criminal, in any court in this state, a laboratory report from the secretary which states the results of any analysis,...
- California Food and Agricultural Code Section 14649
(a) It is unlawful for the owner of a plant, crop, or commodity to knowingly treat or apply to that plant, crop, or commodity, or...
- California Food and Agricultural Code Section 14650
(a) Any person who is licensed pursuant to this code and who is found by a court to have knowingly sold, applied, or provided fertilizers...
- California Food and Agricultural Code Section 14651
(a) Unless otherwise specified in this chapter, any violation of this chapter, or the regulations adopted pursuant to this chapter, is a misdemeanor, punishable by...
- California Food and Agricultural Code Section 14651.5
(a) The department shall levy a civil penalty against any person who violates this chapter in an amount of not more than five thousand dollars...
- California Food and Agricultural Code Section 14652
(a) It is unlawful for any person to manufacture or distribute in this state any fertilizing material without complying with this chapter or the regulations...
- California Food and Agricultural Code Section 14653
The secretary may seize and hold any lot of fertilizing material which he or she has reasonable cause to believe is in violation of this...
- California Food and Agricultural Code Section 14654
If the secretary seizes any lot of fertilizing material, he or she shall immediately issue a hold order to the person that has control of...
- California Food and Agricultural Code Section 14655
(a) Any lot of fertilizing material for which a hold order or notice is issued shall be held by the person having control of the...
- California Food and Agricultural Code Section 14656
Upon demand of the person who has control of the seized fertilizing material, and within 10 days of sampling by the secretary, a subsample shall...
- California Food and Agricultural Code Section 14657
If the seized and held lot, as determined by the secretary's analysis, is not in violation of this chapter, the secretary shall immediately release the...
- California Food and Agricultural Code Section 14658
If the seized and held lot is found to be in violation of this chapter, the secretary shall take either of the following actions: (a)...
- California Food and Agricultural Code Section 14659
The person who has control of a seized or held lot that is found to be in violation of this chapter may appeal the result...
- California Food and Agricultural Code Section 14660
The authority for the issuance of citations is limited to the violations of Sections 14591, 14601, 14631, 14651, and 14655. The secretary shall adopt procedures...
- California Food and Agricultural Code Section 14661
(a) The department shall be entitled to receive reimbursement from any person who is found in violation of this chapter for any reasonable attorney's fees...
- California Food and Agricultural Code Section 14671
In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court may grant a temporary...
- California Food and Agricultural Code Section 14672
Nothing in this chapter requires the secretary to report for prosecution or to institute injunctive proceedings for any minor violation of this chapter whenever the...
- California Food and Agricultural Code Section 14681
No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed to be misbranded under any of the following conditions: (a) If its...
- California Food and Agricultural Code Section 14682
No person shall distribute an adulterated fertilizing material. A fertilizing material shall be deemed to be adulterated under any of the following conditions: (a) If...
- California Food and Agricultural Code Section 14901
The Legislature hereby finds and declares that it is the intent of this chapter to do all of the following: (a) Enable the feed and...
- California Food and Agricultural Code Section 14902
Except as otherwise provided in Sections 14978 and 14979, the director shall enforce this chapter and adopt and enforce those regulations relating to the manufacture...
- California Food and Agricultural Code Section 14903
The director shall establish, by regulation, such good manufacturing practices as he determines are reasonably necessary to carry out the purposes of this chapter. The...
- California Food and Agricultural Code Section 14904
The director shall adopt and enforce regulations for the manufacture, distribution, and labeling of feed used in connection with the production of food sold as...
- California Food and Agricultural Code Section 14921
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 14923
"Animal" means any animal, including birds, except a human being.
- California Food and Agricultural Code Section 14924
"Board" means the Feed Inspection Advisory Board.
- California Food and Agricultural Code Section 14925
"Commercial feed" includes all materials which are intended for use as feed or for mixing in feed except preparations which are manufactured and distributed for...
- California Food and Agricultural Code Section 14926
"Consumer-buyer" means any person not licensed under this chapter who purchases commerical feed from a manufacturer or distributor of such feed for use in feeding
- California Food and Agricultural Code Section 14927
"Distribute" means to offer for sale, sell, exchange or barter.
- California Food and Agricultural Code Section 14928
"Drug" means any substance which is intended, or represented, for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease in any animal,...
- California Food and Agricultural Code Section 14929
"Feed ingredient" means each of the constituent substances making up a formula feed.
- California Food and Agricultural Code Section 14930
"Formula feed" means two or more feed ingredients, proportioned, mixed, and processed according to specifications.
- California Food and Agricultural Code Section 14931
"Label" means a display of written, printed, or graphic matter upon, or affixed to, the container in which a commerical feed is distributed, or on...
- California Food and Agricultural Code Section 14932
"Licensee" means a person that has obtained a license pursuant to the provisions of this chapter.
- California Food and Agricultural Code Section 14933
"Manufacture" means to grind, mix, or further process a commerical feed.
- California Food and Agricultural Code Section 14934
"Medicated feeds" means commerical feeds that contain drugs.
- California Food and Agricultural Code Section 14935
"Medicated feed premixes" means a concentrated combination of one or more substances, at least one of which is a drug, which must be diluted through...
- California Food and Agricultural Code Section 14936
"Percent or percentages" means percentages by weight.
- California Food and Agricultural Code Section 14937
"Person" means any individual, corporation, partnership, limited liability company, trust, association, cooperative association, or any other business unit or organization.
- California Food and Agricultural Code Section 14938
"Special mix" means any commercial feed which is manufactured, processed, or mixed pursuant to specifications which are agreed upon by the purchaser and the manufacturer.
- California Food and Agricultural Code Section 14939
"Ton" means a net weight of 2,000 pounds avoirdupois.
- California Food and Agricultural Code Section 14961
All of the money which is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund...
- California Food and Agricultural Code Section 14962
The director shall prepare an annual statement of the operating expenditures and income related to this chapter which shall be presented to the board for...
- California Food and Agricultural Code Section 14963
If this chapter is repealed, any funds received by the director pursuant to this chapter remaining after all expenses are paid, shall be rebated by...
- California Food and Agricultural Code Section 14971
There is in state government a Feed Inspection Advisory Board consisting of eight persons appointed by the director, who are licensed under this chapter, and...
- California Food and Agricultural Code Section 14971.5
It is hereby declared, as a matter of legislative determination, that persons appointed to the Feed Inspection Advisory Board pursuant to this article are intended...
- California Food and Agricultural Code Section 14972
The term of office of the members of the board is three years. When the board is first appointed, two members shall be appointed for...
- California Food and Agricultural Code Section 14975
Except as otherwise provided in Sections 14978 and 14979, the board shall be advisory to the director and may make recommendations on all matters pertaining...
- California Food and Agricultural Code Section 14976
The board shall elect a chairman, and from time to time such other officers as it may deem advisable.
- California Food and Agricultural Code Section 14977
The board shall meet at the call of its chairman or the director or at the request of any three members of the board. The...
- California Food and Agricultural Code Section 14978
(a) In order to avoid administrative charges which may adversely impact persons subject to this chapter, and to provide for more efficient implementation of this...
- California Food and Agricultural Code Section 14978.1
The entity or entities that may be established or designated by the board pursuant to Section 14978 includes, but shall not be limited to, the...
- California Food and Agricultural Code Section 14978.2
(a) The board may establish the Commercial Feed Inspection Committee as an entity to administer this chapter. The committee shall consist of eight persons appointed...
- California Food and Agricultural Code Section 14978.3
Any entity established or designated pursuant to Section 14978 shall do all of the following: (a) Administer this chapter or any part thereof, and to...
- California Food and Agricultural Code Section 14978.4
The director may require any entity or entities established or designated pursuant to Section 14978 to correct or cease any activity or function that is...
- California Food and Agricultural Code Section 14978.5
Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to...
- California Food and Agricultural Code Section 14978.6
Any person licensed under this chapter may petition the director, in accordance with regulations adopted by the director, to review any action, order, or decision...
- California Food and Agricultural Code Section 14979
(a) The director shall adopt regulations to be used by the entity or entities established or designated by the board pursuant to Section 14978 to...
- California Food and Agricultural Code Section 14991
(a) Except as otherwise provided in this chapter or by regulations of the director which declare that the statement required pursuant to this article is...
- California Food and Agricultural Code Section 14992
The label shall contain a legible and plainly printed statement which certifies all of the following: (a) The net weight or volume of the contents...
- California Food and Agricultural Code Section 14993
Any person that manufactures, processes, or mixes any special mix for another person, shall label it in accordance with regulations as specified by the director.
- California Food and Agricultural Code Section 14994
A special mix shall not be resold unless relabeled.
- California Food and Agricultural Code Section 14995
If a manufacturer or processor of any commercial feed makes a claim or guarantee relative to the content of the commerical feed on, or with,...
- California Food and Agricultural Code Section 14996
Commercial feed manufactured or distributed for feeding to animals on a contract or partnership basis is exempt from the labeling provisions of this chapter if...
- California Food and Agricultural Code Section 15011
The director shall fix the standards for commercial feed ingredients, including drugs, tolerances for agricultural chemicals, and any additives used in the manufacture of the...
- California Food and Agricultural Code Section 15021
The director, his agents, and his inspectors shall have free access at reasonable times to all premises or conveyances which are used in the manufacture,...
- California Food and Agricultural Code Section 15031
A commercial feed is mislabeled in each of the following cases: (a) Its labeling is false or misleading in any particular. (b) It is not...
- California Food and Agricultural Code Section 15041
A commercial feed is adulterated in the following cases: (a) It bears or contains any poisonous, deleterious, or nonnutritive substance in amounts which are specified...
- California Food and Agricultural Code Section 15042
The sale or distribution of any lot, parcel, or package of commercial feed deemed by the director to bear or contain a poisonous, deleterious, or...
- California Food and Agricultural Code Section 15051
(a) Each person shall obtain a license from the secretary for each location where commercial feed is manufactured, distributed, sold, or stored for later sale....
- California Food and Agricultural Code Section 15053
(a) Each application for a license shall be accompanied by an annual fee specified by the department for each location. Beginning on January 1, 2007,...
- California Food and Agricultural Code Section 15054
All licenses shall be renewed on July 1 of each year and shall be valid until June 30 of the next year. Each application for...
- California Food and Agricultural Code Section 15055
If a license is not renewed within one calendar month following its expiration, a penalty of one hundred dollars ($100) shall be added to the
- California Food and Agricultural Code Section 15056
The penalty for the manufacture or distribution of a commercial feed without a valid license as specified in Section 15051 is an infraction punishable by...
- California Food and Agricultural Code Section 15061
(a) An inspection tonnage tax at the maximum rate of fifteen cents ($0.15) per ton of commercial feed sold, except whole grains, and whole hays...
- California Food and Agricultural Code Section 15061
(a) An inspection tonnage tax at the maximum rate of fifteen cents ($0.15) per ton of commercial feed sold, except whole grains, and whole hays...
- California Food and Agricultural Code Section 15062
Every person subject to payment of the inspection tonnage tax shall make reports and payments in the manner prescribed by the director by regulation. If...
- California Food and Agricultural Code Section 15071
(a) Unless otherwise specified, any violation of this chapter or the regulations adopted pursuant to it is a misdemeanor which is punishable by a fine...
- California Food and Agricultural Code Section 15071.5
(a) In lieu of any other penalty provided by this chapter, the director may levy a civil penalty against a person who violates Section 15051,...
- California Food and Agricultural Code Section 15072
It is unlawful for any person to manufacture or distribute in this state any commercial feed without complying with the provisions of this chapter and...
- California Food and Agricultural Code Section 15072.5
It is unlawful for any person to use any commercial feed containing drugs or food additives except in compliance with all directions for use stated...
- California Food and Agricultural Code Section 15073
The director may seize and hold any lot of commercial feed which he has reasonable cause to believe is in violation of the provisions of...
- California Food and Agricultural Code Section 15074
If the director seizes any lot of commercial feed, he shall immediately issue to the person that has control of such feed a hold order...
- California Food and Agricultural Code Section 15075
(a) Any lot of commercial feed for which a hold order or notice is issued shall be held by the person having control of the...
- California Food and Agricultural Code Section 15076
Any lot of commercial feed which is seized and held pursuant to this chapter, unless previously analyzed by the director, shall be sampled and promptly...
- California Food and Agricultural Code Section 15077
Upon demand of the person having control of the seized feed and within 10 days of sampling by the director, a subsample shall be returned...
- California Food and Agricultural Code Section 15078
If the seized and held lot, as determined by the director's analysis, is not in violation, the director shall immediately release the seized and held...
- California Food and Agricultural Code Section 15079
If the seized and held lot is found to be in violation, the director shall either: (a) Continue to hold the lot until such time...
- California Food and Agricultural Code Section 15080
The manufacturer or guarantor of a seized or held lot found to be in violation may appeal the result of analysis to the secretary in...
- California Food and Agricultural Code Section 15081
The authority for the issuance of citations under this chapter is limited to violations of Section 14991, 15011, 15042, 15056, or 15075. The procedures for...
- California Food and Agricultural Code Section 15091
In addition to the remedies provided in this chapter, the department may bring an action in superior court and such court shall have jurisdiction upon...
- California Food and Agricultural Code Section 15092
Nothing in this chapter requires the director to report for prosecution or to institute injunction proceedings for any minor violation of this chapter whenever he...
- California Food and Agricultural Code Section 15101
For purposes of this chapter, any person may file a complaint with the branch regarding the safety of whole hays if he or she submits...
- California Food and Agricultural Code Section 15102
(a) Upon the filing of a complaint pursuant to Section 15101, the secretary shall conduct an investigation with regard to the safety of whole hays....
- California Food and Agricultural Code Section 15103
(a) If the secretary determines that the complaint is valid and the hay is unsafe, the secretary may require the seller of the hay to...
- California Food and Agricultural Code Section 15201
The Legislature hereby finds and declares that it is the joint responsibility of the Department of Food and Agriculture, the commissioner of each county under...
- California Food and Agricultural Code Section 15202
In addition to the enforcement authority granted to the director and commissioners by this code, a commissioner, when acting pursuant to Section 8616.4 of the...
- California Food and Agricultural Code Section 15203
The director may adopt regulations to carry out the provisions of this chapter. The director shall consult with the Structural Pest Control Board when developing...
- California Food and Agricultural Code Section 15204
(a) Each licensed Branch 2 and Branch 3 structural pest control operator qualifying manager, as defined in Section 8506.2 of the Business and Professions Code,...
- California Food and Agricultural Code Section 15204.5
(a) It is unlawful for any licensed Branch 1 Structural Pest Controller licensee, including structural pest control operators, field representatives, applicators, and Structural Pest Control...
- California Food and Agricultural Code Section 15205
(a) Each registered structural pest control company shall make all existing records pertaining to pesticide and device use available to the director, the Structural Pest...
- California Food and Agricultural Code Section 15206
If the director receives a notice pursuant to Section 8616.6 of the Business and Professions Code, he or she shall investigate the actions which caused...
- California Food and Agricultural Code Section 15206.5
Regulations adopted pursuant to Section 11503 are not applicable to this chapter.
- California Food and Agricultural Code Section 15206.6
The director and the Structural Pest Control Board shall jointly develop and concur in the list of the types of violations that the commissioners shall...
- California Food and Agricultural Code Section 15300
For the purposes of this chapter, the following definitions apply: (a) "Structural pest control device" or "device" means any method, instrument, or contrivance intended to...
- California Food and Agricultural Code Section 15301
(a) On and after July 1, 2001, it is unlawful for any person directly, or through another, to manufacture for sale, advertise, deliver or otherwise...
- California Food and Agricultural Code Section 15302
The director shall regulate structural pest control devices.
- California Food and Agricultural Code Section 15303
The director may adopt, amend, repeal, and enforce regulations relating to the regulation of devices and the administration of this chapter. When adopting regulations pursuant...
- California Food and Agricultural Code Section 15305
(a) The director shall endeavor to prevent and eliminate from use in this state any device that meets any of the following criteria: (1) The...
- California Food and Agricultural Code Section 15306
The director shall not determine a device to be beneficial or efficacious if any of the following exists: (a) The ability of the device to...
- California Food and Agricultural Code Section 15307
Every manufacturer of, importer of, vender of, or dealer in, any device, except a dealer or agent that sells a registered device, shall obtain a...
- California Food and Agricultural Code Section 15308
Each applicant for registration of a device, at a minimum, shall submit all of the following: (a) A completed application form prescribed by the director....
- California Food and Agricultural Code Section 15309
Within a timely manner after receipt of the information and fee specified in Section 15308, the director shall do one or more of the following:...
- California Food and Agricultural Code Section 15310
If an applicant for registration of a device complies with this chapter and the regulations that are adopted pursuant to this chapter, the director shall...
- California Food and Agricultural Code Section 15311
If the director finds that registration must be denied due to noncompliance with this chapter or the regulations that are adopted pursuant to this chapter,...
- California Food and Agricultural Code Section 15312
Each applicant for a certificate of device registration shall inform the director of every brand and trademark of a device that the applicant intends to...
- California Food and Agricultural Code Section 15313
The registrant of a device shall immediately notify the director of any proposed change to the device including, but not limited to, labeling composition, configuration...
- California Food and Agricultural Code Section 15314
The director may issue a device research permit for the scientific evaluation of new devices for a limited period of time determined by the director.
- California Food and Agricultural Code Section 15315
(a) Pursuant to Sections 15305 and 15306, after providing notice to the device registrant or applicant of an opportunity to be heard, the director may...
- California Food and Agricultural Code Section 15316
If, during the registration process, or at any time after the registration of a device, the applicant or registrant has factual or scientific information showing...
- California Food and Agricultural Code Section 15317
If the director has reason to believe that any of the conditions stated in Section 15315 are applicable to any registered device and that the...
- California Food and Agricultural Code Section 15318
The director may cancel a certificate of device registration, or refuse to issue a certificate of device registration to any manufacturer, importer, or dealer in...
- California Food and Agricultural Code Section 15319
Action by the director pursuant to Section 15305, 15311, 15315, 15317, or 15318 is not a condition precedent to the institution of any action to...
- California Food and Agricultural Code Section 15320
(a) A registrant at any time may request that the registration of any of its devices be voluntarily canceled. The request shall be in writing...
- California Food and Agricultural Code Section 15325
The registrant of a device shall furnish printed directions for use on the label or shall enclose the printed directions with the device. The device...
- California Food and Agricultural Code Section 15326
(a) The registrant of a device may print limitations of warranty on the label with respect to the use of the device, as the registrant...
- California Food and Agricultural Code Section 15327
Except as otherwise provided in this chapter, the registrant is not liable for any injury or damage that is suffered solely by reason of any...
- California Food and Agricultural Code Section 15330
(a) If any device is determined to be manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or...
- California Food and Agricultural Code Section 15331
The use of any device shall not conflict with the label on the device as registered pursuant to this chapter.
- California Food and Agricultural Code Section 15340
(a) Except as provided by subdivision (c), it is unlawful for any person directly, indirectly, or through another, to manufacture for sale, advertise, deliver or...
- California Food and Agricultural Code Section 16001
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- California Food and Agricultural Code Section 16002
"Aircraft" means every description of craft or other contrivance which is used, or capable of being used, as a means of transportation through the air...
- California Food and Agricultural Code Section 16003
"Food stores" means fruits, vegetables, or animal products which are carried as stores of vessels and aircraft and includes fruits, vegetables, or animal products which...
- California Food and Agricultural Code Section 16004
"Garbage" means waste material, such as food scraps, table refuse, galley refuse, and refuse from stores of vessels and aircraft, including such waste material in...
- California Food and Agricultural Code Section 16005
"Territorial waters of California" means all navigable waters of this state including all portions of the sea within its jurisdiction which are used by vessels...
- California Food and Agricultural Code Section 16006
"Vessel" means every description of craft or other contrivance which is used, or capable of being used, as a means of transportation in or on...
- California Food and Agricultural Code Section 16051
Regulations which are adopted by the director pursuant to this division shall not conflict with Agricultural Research Service of the United States Department of Agriculture...
- California Food and Agricultural Code Section 16101
If means of incineration of, or other approved processing for, garbage are not available aboard any vessel or aircraft in the state, the master or...
- California Food and Agricultural Code Section 16151
It is unlawful for any person to throw, discharge, deposit, remove, or carry garbage, or cause, suffer, or procure garbage to be thrown, discharged, deposited,...
- California Food and Agricultural Code Section 16152
It is unlawful for any person to retain or maintain garbage on any vessel, aircraft, or other vehicle within the state, except in tightly closed...
- California Food and Agricultural Code Section 16153
It is unlawful for any person to remove food stores from any vessel, aircraft, or other vehicle except under a permit issued by the director.
- California Food and Agricultural Code Section 16154
It is unlawful for any person to violate, or to aid, abet, authorize, or instigate a violation of, this division.
- California Food and Agricultural Code Section 16301
Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- California Food and Agricultural Code Section 16302
"Animal" includes any domestic bovine animal, horse, mule, burro, sheep, goat, or swine, or the hide, carcass, or portion of a carcass of any such
- California Food and Agricultural Code Section 16303
"Inspector" means a hide and brand inspector. It includes the persons who are specified in Section 20010.
- California Food and Agricultural Code Section 16401
This part, including the provisions regarding payment of fees, is applicable to all state and county institutions engaging in livestock operations.
- California Food and Agricultural Code Section 16411
The director may make any and all necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter...
- California Food and Agricultural Code Section 16421
(a) Except as otherwise provided in this part or in subdivision (b), every person that violates this part is guilty of a misdemeanor and upon...
- California Food and Agricultural Code Section 16441
Any person that violates any provision of this part or any regulations issued pursuant to it is liable civilly for a penalty in an amount...
- California Food and Agricultural Code Section 16442
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 16443
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 16461
Any money in the Department of Agriculture Fund derived under any of the provisions of this part may be expended for the administration and enforcement...
- California Food and Agricultural Code Section 16501
It is unlawful for any person by any false or fraudulent pretense to do any of the following: (a) Obtain from any association organized for...
- California Food and Agricultural Code Section 16521
(a) An inspector shall seize any bovine animal, horse, mule, or burro, or the hide or carcass of any of those animals, that is within...
- California Food and Agricultural Code Section 16522
Evidence of ownership of an animal or hide may include any of the following: (a) A recorded brand registered in the name of the person...
- California Food and Agricultural Code Section 16522.5
(a) A dairy exemption number shall be evidence of ownership of cull beef cows and bulls of a recognized dairy breed presented for sale at...
- California Food and Agricultural Code Section 16523
Evidence of ownership of a carcass may include a bill of sale, sales tag, or sales memorandum which shows all of the following: (a) The...
- California Food and Agricultural Code Section 16524
It is unlawful for any person to refuse to turn over to an inspector any animal, hide, or carcass which is seized pursuant to any...
- California Food and Agricultural Code Section 16525
It is unlawful for any person to remove any animal, hide or carcass, which is seized by an inspector or peace officer pursuant to any...
- California Food and Agricultural Code Section 16526
Any expense which is incurred in caring for any property seized pursuant to this part shall be paid by the person presenting the property for...
- California Food and Agricultural Code Section 16527
An animal, hide, or carcass seized pursuant to this chapter shall be disposed of pursuant to Chapter 7 (commencing with Section 17001).
- California Food and Agricultural Code Section 16901
It is unlawful for any person to do any of the following: (a) Lead, drive, or conduct any animal along the track of a railroad,...
- California Food and Agricultural Code Section 16902
A person that owns or controls the possession of any livestock shall not willfully or negligently permit any of the livestock to stray upon, or...
- California Food and Agricultural Code Section 16903
It is unlawful for any person to drive any livestock upon, over, or across any public highway between the hours of sunset and sunrise unless...
- California Food and Agricultural Code Section 16904
In any civil action which is brought by the owner, driver, or occupant of a motor vehicle, or by their personal representatives or assignees, or...
- California Food and Agricultural Code Section 16905
It is unlawful for any officer, agent, or conductor of any railroad in this state, to confine any animals in cars for a longer period...
- California Food and Agricultural Code Section 16906
In estimating the time of confinement pursuant to Section 16905, the period during which animals have been confined without such rest on connecting roads from...
- California Food and Agricultural Code Section 16907
If the owner or person in charge of the animals refuses or neglects to pay for the care and feed of the animals so rested,...
- California Food and Agricultural Code Section 16908
It is unlawful for any person that owns or operates any motor truck, or motor truck and trailer, or semitrailer, to confine or permit to...
- California Food and Agricultural Code Section 16909
In estimating the period of confinement, the time consumed in loading and unloading the animal shall not be considered, but the time during which the...
- California Food and Agricultural Code Section 17001
As used in this chapter, "taker-up" means any person that takes up an estray animal pursuant to Section 17041.
- California Food and Agricultural Code Section 17001.5
For the purpose of this chapter, "estray" means any impounded or seized bovine animal, horse, mule, sheep, swine, or burro whose owner is unknown or...
- California Food and Agricultural Code Section 17002
Any animal which is seized by, or comes into the possession of, an inspector pursuant to this part shall be disposed of pursuant to this
- California Food and Agricultural Code Section 17003
(a) Except as provided in this section, this chapter does not affect any law, ordinance, or regulation regarding estrays, the poundkeeper, or other pound officer,...
- California Food and Agricultural Code Section 17004
The director may take up estray animals whose owners are unknown and cannot be located.
- California Food and Agricultural Code Section 17005
(a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable...
- California Food and Agricultural Code Section 17006
Animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Newborn animals that need...
- California Food and Agricultural Code Section 17041
Except as provided in Article 5 (commencing with Section 17121) of this chapter, any person that finds any estray domestic animal upon his premises, or...
- California Food and Agricultural Code Section 17042
Any person that takes up an estray animal shall confine it in a secure place, and shall immediately file with the secretary a notice containing...
- California Food and Agricultural Code Section 17043
The taker-up of an estray animal shall use reasonable care to preserve it from injury. If it dies or escapes from the taker-up at any...
- California Food and Agricultural Code Section 17044
The taker-up is entitled to the sum prescribed by Section 17095 for the keeping and care of the estray animal.
- California Food and Agricultural Code Section 17045
Except as otherwise provided in this chapter, it is unlawful for any person to remove any animal from the possession of the taker-up.
- California Food and Agricultural Code Section 17061
Upon demand of any authorized inspector, the taker-up shall deliver possession of the animal to the inspector.
- California Food and Agricultural Code Section 17062
Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal so delivered...
- California Food and Agricultural Code Section 17063
If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made...
- California Food and Agricultural Code Section 17064
If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded.
- California Food and Agricultural Code Section 17065
(a) If the owner is not found, and the estimated value of the animal exceeds two hundred twenty-five dollars ($225), the secretary shall cause a...
- California Food and Agricultural Code Section 17066
If the estimated value of the animal is less than two hundred twenty-five dollars ($225) and a notice is posted for five days on a...
- California Food and Agricultural Code Section 17067
The notice of the taking up of an animal shall describe the weight, sex, breed, color, marks, and brands, if any, of the animal and...
- California Food and Agricultural Code Section 17068
Any person that claims ownership in the animal may, at any time, but not later than 14 days after the first posting of notice, file...
- California Food and Agricultural Code Section 17069
If ownership is proved to the satisfaction of the director, the animal shall be turned over to the owner upon payment by the owner of...
- California Food and Agricultural Code Section 17091
If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be...
- California Food and Agricultural Code Section 17092
If after 14 days from the date of the first posting of notice no satisfactory proof of ownership of the animal has been made, or...
- California Food and Agricultural Code Section 17093
In lieu of public sale, the director may sell the animal at private sale at a price not less than the appraised value of the...
- California Food and Agricultural Code Section 17094
Any carcass or portion of a carcass may be sold by the director at any time at the market price which prevails at the time...
- California Food and Agricultural Code Section 17095
The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be...
- California Food and Agricultural Code Section 17096
If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his ownership of an animal...
- California Food and Agricultural Code Section 17121
A lawful fence is any fence which is good, strong, substantial, and sufficient to prevent the ingress and egress of livestock. No wire fence is...
- California Food and Agricultural Code Section 17122
In any county or part of a county devoted chiefly to grazing and so declared pursuant to this article, a person shall not have the...
- California Food and Agricultural Code Section 17123
The following counties or parts of counties are declared to be devoted chiefly to grazing: (a) That portion of Trinity which is outside of the...
- California Food and Agricultural Code Section 17124
The board of supervisors of any county may by ordinance declare that such county, or part of such county, is devoted chiefly to grazing.
- California Food and Agricultural Code Section 17125
The following portions of Trinity County are declared not to be devoted chiefy to grazing: (a) All of Sections 1, 2, 3, 10, 11, 12,...
- California Food and Agricultural Code Section 17126
The portion of Shasta County within the following metes and bounds is declared not to be devoted chiefly to grazing: Beginning at the intersection of...
- California Food and Agricultural Code Section 17127
The board of supervisors of Shasta or Trinity County may, if it determines that all or any part of the county under its jurisdiction has...
- California Food and Agricultural Code Section 17128
The act entitled "An act concerning lawful fences, and animals, trespassing upon lawfully enclosed lands," passed March 30, 1850 (Ch. 49, Stats. 1850), and an...
- California Food and Agricultural Code Section 17150
The Legislature finds and declares that improperly designed and installed electrified fences have caused injuries and in some instances have resulted in the deaths of...
- California Food and Agricultural Code Section 17151
As used in this chapter, "electrified fence" means any fence and appurtenant devices, including, but not limited to, fences and devices used in animal control,...
- California Food and Agricultural Code Section 17152
No electrified fences shall be offered for sale, sold, installed, or used in this state, or otherwise connected to a source of electrical current, unless...
- California Food and Agricultural Code Section 17153
The provisions of this chapter shall not be construed to preclude regulation of electrified fences by cities and counties, including, but not limited to, requiring...
- California Food and Agricultural Code Section 17401
The director may make any and all necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter...
- California Food and Agricultural Code Section 17551
It is unlawful for any person with the intent to steal any bovine animal, horse, colt, jack, jenny, or mule which belongs to another person,...
- California Food and Agricultural Code Section 17552
It is unlawful for any person, with the intent to steal any sheep, goat, hog, shoat, or pig, or prevent its identification by the true...
- California Food and Agricultural Code Section 17553
It is unlawful for any person to mark any bovine animal by cutting off more than one-half of an ear of the animal.
- California Food and Agricultural Code Section 17701
A violation of Section 17551 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
- California Food and Agricultural Code Section 17702
Except as otherwise provided in Section 17701, any violation of any provision of this part is a misdemeanor.
- California Food and Agricultural Code Section 17951
Any person that violates any provision of this part or the regulations which are issued pursuant to it is liable civilly for a penalty in...
- California Food and Agricultural Code Section 17952
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 17953
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 17954
Any moneys in the Department of Agriculture Fund which were derived under any of the provisions of this chapter may be expended for the administration...
- California Food and Agricultural Code Section 18201
The director may make any and all necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter...
- California Food and Agricultural Code Section 18203
There is in the department the Bureau of Meat and Poultry Inspection.
- California Food and Agricultural Code Section 18221
The Attorney General shall upon complaint by the director or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 18351
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 18352
"Packer" means any person that is engaged in any of the following businesses: (a) Buying livestock in commerce for purposes of slaughter. (b) Manufacturing or...
- California Food and Agricultural Code Section 18353
"Stockyard" means any place, establishment, or facility commonly known as stockyards, conducted, or operated for compensation or profit as a public market, consisting of pens,...
- California Food and Agricultural Code Section 18381
No packer shall own or control, directly or indirectly, through stock ownership or control or otherwise, by himself or through his agents or employees, any...
- California Food and Agricultural Code Section 18382
Such ownership or control is hereby declared to be contrary to public policy, as tending to create a monopoly and to interfere with trade and
- California Food and Agricultural Code Section 18501
In the absence of an express warranty, the mere sale of livestock shall not be construed to imply a warranty of such livestock for any...
- California Food and Agricultural Code Section 18502
In the absence of any express warranty, the sale of livestock for slaughter, whether the slaughter will be immediate or otherwise, shall not imply a...
- California Food and Agricultural Code Section 18650
This chapter shall be known as the California Meat and Poultry Inspection Act.
- California Food and Agricultural Code Section 18651
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 18652
"Adulterated" means any livestock product or poultry product which is in violation of Article 4 (commencing with Section 18751) of this chapter.
- California Food and Agricultural Code Section 18653
"Animal food manufacturer" means any person that is engaged in the business of preparing any animal food which is derived wholly or in part from...
- California Food and Agricultural Code Section 18654
"Broker" means any person that is engaged in the business of buying or selling any livestock product or poultry product on commission, or otherwise negotiating...
- California Food and Agricultural Code Section 18655
"Capable of use as human food" means any livestock or poultry carcass, or any part or product of any such carcass, unless it is denatured...
- California Food and Agricultural Code Section 18656
"Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
- California Food and Agricultural Code Section 18657
"Federal acts" means the Federal Meat Inspection Act and Federal Poultry Products Inspection Act.
- California Food and Agricultural Code Section 18658
"Federal Food, Drug, and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C., Sec. 301 et seq.), and...
- California Food and Agricultural Code Section 18659
"Federal Meat Inspection Act" means the act so entitled approved March 4, 1907 (34 Stat. 1260; 21 U.S.C., Sec. 71 et seq.), as amended by...
- California Food and Agricultural Code Section 18660
"Federal Poultry Products Inspection Act" means the act so entitled approved August 28, 1957 (71 Stat. 441; 21 U.S.C., Sec. 451 et seq.), as amended...
- California Food and Agricultural Code Section 18661
"Inspector" means an employee of the department authorized to perform any inspection function under this chapter.
- California Food and Agricultural Code Section 18662
"Label" means a display of written, printed, or graphic matter upon any article or the immediate container of any article. It does not, however, include...
- California Food and Agricultural Code Section 18663
"Livestock" means any cattle, sheep, swine, goat, or any horse, mule or other equine, whether live or dead.
- California Food and Agricultural Code Section 18664
"Livestock product" means any carcass, part of a carcass, meat, or meat food product of any livestock.
- California Food and Agricultural Code Section 18665
"Meat food product" means any product which is capable of use as human food that is made wholly or in part from any meat or...
- California Food and Agricultural Code Section 18666
"Misbranded" means any livestock product or poultry product which is in violation of Article 5 (commencing with Section 18781) of this chapter.
- California Food and Agricultural Code Section 18667
"Official certificate" means any certificate which is prescribed by regulations of the director for issuance by an inspector or other person performing official functions under...
- California Food and Agricultural Code Section 18668
"Official device" means any device which is prescribed or authorized by the director for use in applying any official mark.
- California Food and Agricultural Code Section 18669
"Official establishment" means any establishment at which inspection of the slaughter of livestock or poultry, or the preparation of any livestock product or poultry product,...
- California Food and Agricultural Code Section 18670
"Official inspection legend" means any symbol which is prescribed by the director that shows that an article was inspected and passed in accordance with this
- California Food and Agricultural Code Section 18671
"Offical mark" means the official inspection legend or any other symbol which is prescribed by the director to identify the status of any article or...
- California Food and Agricultural Code Section 18672
"Person" includes any individual, partnership, corporation, limited liability company, association, or other business unit, and any officer, agent, or employee thereof.
- California Food and Agricultural Code Section 18673
"Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity" shall have the same meanings as under the Federal Food, Drug, and Cosmetic Act.
- California Food and Agricultural Code Section 18674
"Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.
- California Food and Agricultural Code Section 18675
"Poultry" means any domesticated bird, whether live or dead.
- California Food and Agricultural Code Section 18676
"Poultry product" means any poultry carcass, any part of a poultry carcass, or any product which is made wholly or in part from any poultry...
- California Food and Agricultural Code Section 18677
"Renderer" means any person that is engaged in the business of rendering any livestock or poultry carcass, or any part or product of such a...
- California Food and Agricultural Code Section 18691
Meat, meat food products, poultry, and poultry products are an important source of the nation's total supply of food. It is essential in the public...
- California Food and Agricultural Code Section 18692
It is the objective of this chapter to provide for meat and poultry products inspection programs that will impose and enforce requirements with respect to...
- California Food and Agricultural Code Section 18693
The regulations which are adopted pursuant to this chapter shall conform, so far as possible, to the rules, regulations, and standards of the United States...
- California Food and Agricultural Code Section 18694
This chapter applies to any person, establishment, animal, or article regulated under the federal acts only to the extent provided for in the federal acts....
- California Food and Agricultural Code Section 18695
If slaughtering or carcass preparation or processing of any meat, meat products, poultry, or poultry product is conducted in an establishment where state inspection is...
- California Food and Agricultural Code Section 18696
The director may cooperate with the Secretary of Agriculture of the United States in administration of this chapter to effectuate the purposes stated in Sections...
- California Food and Agricultural Code Section 18697
The director may do all of the following: (a) Recommend to the Secretary of Agriculture of the United States for appointment to the advisory committees...
- California Food and Agricultural Code Section 18721
To accomplish the purposes of Article 2 (commencing with Section 18691) of this chapter, the director shall require ante mortem and post mortem inspections, quarantine,...
- California Food and Agricultural Code Section 18722
The director shall require the identification of livestock and poultry for inspection purposes, and the marking and labeling of any livestock product or poultry product...
- California Food and Agricultural Code Section 18723
The director shall prohibit the entry into official establishments of any livestock product or poultry product which was not prepared under federal inspection or inspection...
- California Food and Agricultural Code Section 18724
The director shall require that when any livestock product or poultry product leaves official establishments it shall bear directly thereon or on its containers, or...
- California Food and Agricultural Code Section 18725
The director shall investigate the sanitary conditions of each establishment required to have inspection under Section 18721 and shall withdraw or otherwise refuse to provide...
- California Food and Agricultural Code Section 18726
The director shall prescribe sanitation requirements for all establishments required to have inspection under Section 18721.
- California Food and Agricultural Code Section 18727
The director shall require the following classes of persons to keep such records and for such periods as he may specify, to fully and correctly...
- California Food and Agricultural Code Section 18728
The director may refuse to provide inspection service to any establishment that fails to destroy any condemned product as required pursuant to Section 18722 and...
- California Food and Agricultural Code Section 18729
The director may refuse to provide inspection service under this chapter with respect to any establishment for any cause specified in Section 401 of the...
- California Food and Agricultural Code Section 18730
The director may order any labeling or container to be withheld from use if he determines that the labeling is false or misleading or the...
- California Food and Agricultural Code Section 18731
The director may prescribe the size and style of any type which is to be used for labeling information required pursuant to this chapter, and...
- California Food and Agricultural Code Section 18732
The director may prescribe conditions of storage and handling of any livestock product or poultry product by any person engaged in the business of buying,...
- California Food and Agricultural Code Section 18733
Equines shall be slaughtered and prepared in establishments separate from any establishment where any other livestock is slaughtered or any product of any other livestock...
- California Food and Agricultural Code Section 18734
Every person that is engaged in business in intrastate commerce as a broker, renderer, animal food manufacturer, or wholesaler or public warehouseman of any livestock...
- California Food and Agricultural Code Section 18735
The director may adopt, by reference or otherwise, such provisions of the rules and regulations under the federal acts, with such changes therein as he...
- California Food and Agricultural Code Section 18736
The director may appoint and prescribe the duties of such inspectors and other personnel as he deems necessary for the efficient execution of the provisions...
- California Food and Agricultural Code Section 18737
No inspection of any product placed in any container at any official establishment shall be deemed to be complete until the product is sealed or...
- California Food and Agricultural Code Section 18738
For purposes of any inspection of any product required by this chapter, any inspector authorized by the director shall have access at all times, by...
- California Food and Agricultural Code Section 18751
A livestock or poultry product is adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health, but...
- California Food and Agricultural Code Section 18752
A livestock or poultry product is adulterated in each of the following cases: (a) It bears or contains, by reason of administration of any substance...
- California Food and Agricultural Code Section 18753
A livestock or poultry product is adulterated if it consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for...
- California Food and Agricultural Code Section 18754
A livestock or poultry product is adulterated if it has been prepared, packed, or held under unsanitary conditions by which it may have become contaminated...
- California Food and Agricultural Code Section 18755
A livestock or poultry product is adulterated if it is, in whole or in part, the product of an animal, including any poultry, which has...
- California Food and Agricultural Code Section 18756
A livestock or poultry product is adulterated if its container is composed, in whole or in part, of any poisonous or deleterious substance which may...
- California Food and Agricultural Code Section 18757
A livestock or poultry product is adulterated if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with...
- California Food and Agricultural Code Section 18758
A livestock or poultry product is adulterated in each of the following cases: (a) Any valuable constituent has been in whole or in part omitted...
- California Food and Agricultural Code Section 18759
A livestock or poultry product is adulterated if it is margarine containing animal fat and any of the raw material used in it consisted, in...
- California Food and Agricultural Code Section 18781
A livestock or poultry product is misbranded in each of the following cases: (a) Its labeling is false or misleading in any particular. (b) It...
- California Food and Agricultural Code Section 18782
A livestock or poultry product is misbranded unless it bears a label showing all of the following: (a) The name and place of business of...
- California Food and Agricultural Code Section 18783
A livestock or poultry product is misbranded if any word, statement, or other information required by, or under authority of, this chapter to appear on...
- California Food and Agricultural Code Section 18784
A livestock or poultry product is misbranded if it purports to be, or is represented, as a food for which a definition and standard of...
- California Food and Agricultural Code Section 18785
A livestock or poultry product is misbranded if it purports to be, or is represented as, a food for which a standard or standards of...
- California Food and Agricultural Code Section 18786
A livestock or poultry product is misbranded if it is not subject to the provisions of Section 18784, unless its label bears the common or...
- California Food and Agricultural Code Section 18787
A livestock or poultry product is misbranded if it purports to be, or is represented to be, for special dietary uses, unless its label bears...
- California Food and Agricultural Code Section 18788
A livestock or poultry product is misbranded if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it is so indicated...
- California Food and Agricultural Code Section 18789
A livestock or poultry product is misbranded if it fails to bear, directly upon the livestock or poultry product and on its container, as the...
- California Food and Agricultural Code Section 18811
For the purposes of Article 2 (commencing with Section 18691) of this chapter, the director may exempt the operations of any person from inspection or...
- California Food and Agricultural Code Section 18812
The director shall exempt from inspection the slaughtering and preparation by any person of any livestock or poultry of his own raising, exclusively for use...
- California Food and Agricultural Code Section 18813
The director shall not provide inspection under this chapter at any establishment for the slaughter of livestock or poultry or the preparation of any livestock...
- California Food and Agricultural Code Section 18814
(a) This chapter shall apply to a retail store only to the same extent as the federal acts and regulations issued thereunder are applicable to...
- California Food and Agricultural Code Section 18841
It is unlawful for any person to slaughter any livestock or poultry, or prepare any livestock or poultry product which is capable of use as...
- California Food and Agricultural Code Section 18842
It is unlawful for any person to sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any article required to...
- California Food and Agricultural Code Section 18843
It is unlawful for any person to do, with respect to any livestock, poultry, livestock product, or poultry product which is capable of use as...
- California Food and Agricultural Code Section 18844
It is unlawful for any person to sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or from an official...
- California Food and Agricultural Code Section 18845
It is unlawful for any person to violate any provision of the regulations promulgated by the director under this chapter.
- California Food and Agricultural Code Section 18846
It is unlawful for any brand manufacturer, printer, or other person to cast, print, lithograph, or otherwise make any device containing any official mark or...
- California Food and Agricultural Code Section 18847
It is unlawful for any person to do any of the following: (a) Forge any official device, mark, or certificate. (b) Without authorization from the...
- California Food and Agricultural Code Section 18848
It is unlawful for any person to sell any dressed carcass of any livestock or poultry which is intended for food purposes, or any prepared...
- California Food and Agricultural Code Section 18849
It is unlawful for any person to sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcass of any...
- California Food and Agricultural Code Section 18850
It is unlawful for any person to buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any livestock...
- California Food and Agricultural Code Section 18851
It is unlawful for any person engaged in the business of buying, selling, or transporting, in intrastate commerce, dead, dying, disabled, or diseased animals, or...
- California Food and Agricultural Code Section 18852
It is unlawful for any person to give, pay, or offer, directly or indirectly, to any officer or employee of this state authorized to perform...
- California Food and Agricultural Code Section 18853
It is unlawful for any officer or employee of this state authorized to perform any of the duties prescribed by this chapter to accept any...
- California Food and Agricultural Code Section 18854
It is unlawful for any person to forcibly assault, resist, oppose, impede, intimidate, or interfere with any person while engaged in or on account of...
- California Food and Agricultural Code Section 18855
It is unlawful for any person to neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence,...
- California Food and Agricultural Code Section 18856
It is unlawful for any person to willfully make, or cause to be made, any false entry or statement of fact in any report required...
- California Food and Agricultural Code Section 18857
It is unlawful for any person required by this chapter to file any annual or special report to fail so to do within the time...
- California Food and Agricultural Code Section 18871
Since it cannot be determined with certainty, by any present known method of inspection, whether meat, including any poultry meat, is unwholesome unless the organs...
- California Food and Agricultural Code Section 18872
Whenever any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry...
- California Food and Agricultural Code Section 18873
Any livestock product or poultry product or any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce, or is...
- California Food and Agricultural Code Section 18874
The provisions of Section 18873 shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other
- California Food and Agricultural Code Section 18901
The director may gather and compile information, and investigate the organization, business, conduct, practices, management, and the relation to other persons of any person subject...
- California Food and Agricultural Code Section 18902
The director may require, by general or special orders, persons subject to this chapter engaged in intrastate commerce, to file with him, in such form...
- California Food and Agricultural Code Section 18903
For the purpose of this chapter, the director shall at all reasonable times have access to examine and to copy any documentary evidence of any...
- California Food and Agricultural Code Section 18904
Attendance of witnesses, and the production of documentary evidence, may be required at any designated place of hearing. In case of disobedience to a subpoena...
- California Food and Agricultural Code Section 18905
The superior court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued...
- California Food and Agricultural Code Section 18906
The director may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of such proceeding...
- California Food and Agricultural Code Section 18907
Witnesses summoned before the director shall be paid the same fees and mileage that are paid witnesses in the superior court of this state, and...
- California Food and Agricultural Code Section 18908
No person shall be excused from attending and testifying, or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the...
- California Food and Agricultural Code Section 18931
Upon the issuance of an order of the director pursuant to Section 18725, 18728, 18729, or 18730, the operator of the establishment may seek administrative...
- California Food and Agricultural Code Section 18932
Any person who is found guilty of violating any of the provisions of this chapter or the regulations promulgated under this chapter is subject to...
- California Food and Agricultural Code Section 18932.1
Any person that violates any provision of this chapter, or any regulation that is issued pursuant to it, is liable civilly for a penalty not...
- California Food and Agricultural Code Section 18932.2
(a) In lieu of any civil action brought pursuant to Section 18932.1 and in lieu of seeking prosecution pursuant to Section 18932, the secretary may...
- California Food and Agricultural Code Section 18933
Any person who, as principal or agent, employer or employee, adulterates any meat or meat food product or poultry product intended for sale as human...
- California Food and Agricultural Code Section 18934
In addition to the remedies provided in this chapter, the department may bring an action in superior court and such court shall have jurisdiction upon...
- California Food and Agricultural Code Section 18935
Nothing in this chapter shall be construed as requiring the director to report for prosecution or to institute injunction proceedings for any minor violation of...
- California Food and Agricultural Code Section 18940
This chapter shall be known and may be cited as the California Meat and Poultry Supplemental Inspection Act and supplements the provisions of the California...
- California Food and Agricultural Code Section 18940.5
Unless the context otherwise requires, the definitions contained in Article 1 (commencing with Section 18650) of Chapter 4 govern the construction of this chapter.
- California Food and Agricultural Code Section 18941
"Inspector" means an employee of the department authorized to perform inspection functions under Chapter 4 (commencing with Section 18650) and under this chapter.
- California Food and Agricultural Code Section 18942
"Licensed livestock meat inspector" means a person who is licensed by the department to perform inspection functions under this chapter in custom livestock slaughterhouses.
- California Food and Agricultural Code Section 18942.2
"Licensed processing inspector" means a person who is licensed by the department to perform inspection functions under this chapter in licensed meat processing establishments.
- California Food and Agricultural Code Section 18943
"Livestock" means any cattle, sheep, swine, and goat, and pursuant to regulations adopted by the Fish and Game Commission, for the purposes of Chapter 4...
- California Food and Agricultural Code Section 18944
"Livestock product" means any carcass, part of the carcass, meat, or meat food product of any livestock.
- California Food and Agricultural Code Section 18945
"Slaughter" means the stunning, bleeding, eviscerating, skinning, splitting, and preparing of livestock for human consumption.
- California Food and Agricultural Code Section 18946
"Custom livestock slaughterhouse" means a licensed establishment where: (a) Cattle, sheep, swine, or goats are slaughtered and prepared for the owners of the livestock. (b)...
- California Food and Agricultural Code Section 18947
"Meat processing establishment" means a licensed establishment required to be inspected pursuant to Chapter 4 (commencing with Section 18650) where livestock or poultry products are...
- California Food and Agricultural Code Section 18947.2
"Smoking" means exposing meat or poultry products, for the purpose of food preservation, rather than as a method of flavor enhancement, to an environment of...
- California Food and Agricultural Code Section 18948
"Sanitary" means free from dirt, filth, and contamination and free from any other substance or organisms which are known to be injurious to human health...
- California Food and Agricultural Code Section 18949
"Establishment" means any business, firm, or facility that is required to be licensed by the director under this chapter.
- California Food and Agricultural Code Section 18950
The Legislature finds and declares that: (a) Sausage products and cured and smoked meat products which are processed and sold at retail meat processing establishments...
- California Food and Agricultural Code Section 18951
The Legislature further finds and declares that: (a) A significant number of persons raise their own animals or purchase their animals alive and then have...
- California Food and Agricultural Code Section 18952
The objectives of this chapter are to require sanitation and wholesomeness inspection at licensed custom slaughter establishments and licensed meat processing establishments exempt from federal...
- California Food and Agricultural Code Section 18955
No person shall operate an establishment performing any of the functions stated in this chapter unless the establishment is licensed and continues to meet building...
- California Food and Agricultural Code Section 18960
The director may adopt, by regulation, standards and requirements relating to inspection, sanitation, facilities, equipment, reinspection, preparation, processing, buying, selling, transporting, storing, identification, recordkeeping, registration...
- California Food and Agricultural Code Section 18961
The director, by regulation, may adopt provisions of the rules and regulations made under federal acts with such changes therein as he or she deems...
- California Food and Agricultural Code Section 18962
The department may adopt, by regulation, provisions to examine applicants for the positions of licensed livestock meat inspector and licensed processing inspector.
- California Food and Agricultural Code Section 18963
The department, in consultation with the State Department of Health Services, shall, on or before December 31, 2001, adopt, by regulations, standards and requirements relating...
- California Food and Agricultural Code Section 18970
(a) Prior to the issuance of a license to an establishment required to be licensed pursuant to Article 8 (commencing with Section 19010), the establishment...
- California Food and Agricultural Code Section 18971
The director shall investigate the sanitary conditions of each establishment required to be licensed pursuant to Article 8 (commencing with Section 19010) and shall withdraw...
- California Food and Agricultural Code Section 18972
The director may inspect, reinspect, or order the reinspection of any livestock or poultry product which is slaughtered, processed, or stored in an establishment licensed...
- California Food and Agricultural Code Section 18973
(a) Licensed livestock meat inspectors, licensed processing inspectors, and department inspectors are authorized to supervise the operations of licensed establishments, to order the establishments not...
- California Food and Agricultural Code Section 18974
The director may order any labeling or containers to be withheld from use if he or she determines that the labeling is false or misleading...
- California Food and Agricultural Code Section 18975
If an action of a livestock meat inspector, licensed processing inspector, or department inspector in condemning any livestock or poultry product is questioned, appeal by...
- California Food and Agricultural Code Section 18976
If slaughtering, carcass preparation, or processing of any meat, meat products, poultry, or poultry products, or training of licensed livestock meat inspectors or licensed processing...
- California Food and Agricultural Code Section 18977
The director may require a deposit to pay for the overtime charges which he or she shall deposit in the General Fund, and may refuse...
- California Food and Agricultural Code Section 18980
(a) The application fee for a livestock meat inspector's license or a processing inspector's license is one hundred dollars ($100). If an applicant for a...
- California Food and Agricultural Code Section 18981
(a) Application for renewal of a license accompanied by a fee of one hundred dollars ($100) shall be made on or before its expiration. Applicants...
- California Food and Agricultural Code Section 18982
The department shall conduct periodic training for licensed livestock meat inspectors and licensed processing inspectors to maintain and increase their competence in the performance of...
- California Food and Agricultural Code Section 18983
Licensed livestock meat inspectors and licensed processing inspectors shall participate in annual training meetings sponsored by the department to maintain and increase their competence in...
- California Food and Agricultural Code Section 18990
(a) Each person, before acting as a livestock meat inspector in a livestock custom slaughterhouse, shall apply to the director and shall receive from the...
- California Food and Agricultural Code Section 18991
(a) A licensed livestock meat inspector, in accordance with regulations adopted hereunder, shall conduct antemortem examination of each animal to be slaughtered in a licensed...
- California Food and Agricultural Code Section 19000
Each person, before acting as a licensed processing inspector in a retail meat processing establishment, shall apply to the department and receive from the department...
- California Food and Agricultural Code Section 19001
(a) A licensed processing inspector shall conduct a sanitation inspection before the establishment commences operations for the day, and shall make periodic inspections throughout the...
- California Food and Agricultural Code Section 19002
The department may suspend or revoke the license of a licensed processing inspector for permitting the processing or labeling of products not meeting the requirements...
- California Food and Agricultural Code Section 19010
(a) Each person shall, before operating a meat processing establishment or a custom livestock slaughterhouse, file an application accompanied with an application fee, with the...
- California Food and Agricultural Code Section 19011
(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. (1) Subject to Section 19011.5,...
- California Food and Agricultural Code Section 19011.5
If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry plant,...
- California Food and Agricultural Code Section 19012
No person shall operate a licensed establishment performing the functions stated in this chapter unless all livestock and livestock products are inspected for wholesomeness and...
- California Food and Agricultural Code Section 19013
No person shall operate a meat processing establishment unless all livestock and poultry products used in processing and to be sold have been inspected by...
- California Food and Agricultural Code Section 19014
Plant sanitation, sanitary dressing procedures, processing procedures, vehicle equipment, facility standards, and sanitation, including transportation and storage of products, shall follow procedures which may be...
- California Food and Agricultural Code Section 19015
Livestock carcasses and parts and livestock and poultry products shall not be packed, repacked, cut up, recut, or sold unless each container or each part...
- California Food and Agricultural Code Section 19016
(a) (1) Except as provided in paragraph (2), all custom slaughtered livestock carcasses and parts shall be marked in a manner required by the department...
- California Food and Agricultural Code Section 19017
It is unlawful to do any of the following: (a) Operate an establishment not licensed by the department. (b) Operate an establishment that is not...
- California Food and Agricultural Code Section 19020
This chapter does not apply to any of the following: (a) Owners who slaughter, on their own premises, livestock of their own raising where the...
- California Food and Agricultural Code Section 19030
The director may, after a hearing conducted pursuant to Section 11346.8 of the Government Code, refuse to issue a license or renew a license and...
- California Food and Agricultural Code Section 19031
A violation of the provisions of this chapter is a misdemeanor.
- California Food and Agricultural Code Section 19032
Any person that violates any provision of this chapter, or any regulation that is issued pursuant to it, is liable civilly for a penalty in...
- California Food and Agricultural Code Section 19033
The Attorney General shall, upon complaint by the director, or may upon his or her own initiative, if after examination of the complaint and evidence...
- California Food and Agricultural Code Section 19033.1
(a) In lieu of any civil action brought pursuant to Section 19032 and in lieu of seeking prosecution pursuant to Section 19031, the secretary may...
- California Food and Agricultural Code Section 19034
In addition to the remedies provided in this chapter, the department may bring an action in superior court and the court shall have jurisdiction upon...
- California Food and Agricultural Code Section 19035
It is unlawful for any person to slaughter any livestock or prepare any such livestock products which are appropriate for use as human food at...
- California Food and Agricultural Code Section 19036
It is unlawful for any person to do with respect to any livestock which is appropriate for use as human food, any act, while it...
- California Food and Agricultural Code Section 19037
It is unlawful for any person to violate any provision of the regulations promulgated by the director which are applicable to this chapter.
- California Food and Agricultural Code Section 19038
It is unlawful for any person knowingly to represent that an article has been examined by a licensed livestock meat inspector, licensed processing inspector, or...
- California Food and Agricultural Code Section 19039
It is unlawful for any person to assault, resist, impede, intimidate, or interfere with any person while engaged in the performance of duties under this
- California Food and Agricultural Code Section 19040
(a) All fees, charges, and collections collected pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund. (b) All fees,...
- California Food and Agricultural Code Section 19051
As used in this chapter, animal means livestock as defined in Section 18663 and poultry as defined in Section 24657.
- California Food and Agricultural Code Section 19052
If the director determines that any animal raised for the production of any food product is or may be carrying in its body pesticides, poisons,...
- California Food and Agricultural Code Section 19053
If the director finds that any animal under a hold order pursuant to this chapter cannot, after treatment or care, be safely used for human...
- California Food and Agricultural Code Section 19054
It is unlawful for any person to fail to comply with any order of the director issued pursuant to this chapter.
- California Food and Agricultural Code Section 19055
The director may bring an action in the superior court of any county in which animals subject to a hold order are located to require...
- California Food and Agricultural Code Section 19056
The owner of any animal for which a hold or disposal order is issued pursuant to this chapter may seek administrative review of such order...
- California Food and Agricultural Code Section 19200
Unless the context otherwise requires, the definitions of this article govern the construction of this chapter.
- California Food and Agricultural Code Section 19201
"Animals" means burros, cattle, goats, horses, mules, sheep, swine and other large domesticated animals and poultry.
- California Food and Agricultural Code Section 19202
"Bureau" means Bureau of Meat and Poultry Inspection of the Department of Food and Agriculture.
- California Food and Agricultural Code Section 19203
"Canned pet food" means any commercially sterile food product packed in hermetically sealed containers and composed of either edible fresh or frozen meat or horsemeat,...
- California Food and Agricultural Code Section 19204
"Collection center" means a receiving area for the temporary storage of animal carcasses, packinghouse waste, or other products before transportation to a licensed rendering plant...
- California Food and Agricultural Code Section 19205
"Dead animal hauler" means any person or company that engages in the business of transporting the carcasses of dead animals.
- California Food and Agricultural Code Section 19206
"Edible" means food fit to be eaten by dogs, cats, or other carnivora.
- California Food and Agricultural Code Section 19207
"Horsemeat byproducts" means the parts other than horsemeat which have been derived from horses, mules or burros, or any combination of them.
- California Food and Agricultural Code Section 19208
"Horsemeat" means the uncooked muscle tissue of horse, mule or burro, or any combination thereof, which is skeletal, with or without the accompanying and overlaying...
- California Food and Agricultural Code Section 19209
"Inspected horsemeat" means horsemeat produced in a slaughtering establishment under federal, state or state-approved municipal inspection.
- California Food and Agricultural Code Section 19210
"Meat" means the uncooked muscle tissue of a cow, goat, sheep, swine, or poultry which is skeletal, with or without the accompanying and overlaying fat,...
- California Food and Agricultural Code Section 19210.5
"Meat byproducts" means the edible parts other than meat which have been derived from cattle, goats, sheep, swine, or poultry or any combination of them.
- California Food and Agricultural Code Section 19211
"Pet" means any household animal including but not limited to cats or dogs and other carnivora, whether or not for public exhibition.
- California Food and Agricultural Code Section 19212
"Processed pet food" means a food for pets which has been prepared by heating, drying, semidrying, canning, or by a method of treatment prescribed by...
- California Food and Agricultural Code Section 19213
"Rendering" means all recycling, processing, and conversion of animal and fish materials and carcasses and inedible kitchen grease into fats, oils, proteins, and other products...
- California Food and Agricultural Code Section 19214
"Slaughter" means to kill live animals and prepare for consumption for pet food purposes.
- California Food and Agricultural Code Section 19215
"Transporter of inedible kitchen grease" means any person who transports inedible kitchen grease.
- California Food and Agricultural Code Section 19216
"Inedible kitchen grease" means any fat or used cooking greases and oils obtained from any source.
- California Food and Agricultural Code Section 19218
(a) There is in state government a Rendering Industry Advisory Board consisting of seven persons, appointed by the secretary, six of whom are licensed under...
- California Food and Agricultural Code Section 19218.1
The term of office of the members of the board is three years. When the board is first appointed, three members shall be appointed for...
- California Food and Agricultural Code Section 19218.2
The board shall elect a chairperson, and from time to time any other officers as it may deem advisable.
- California Food and Agricultural Code Section 19218.3
(a) The board shall meet at the call of its chairperson or the secretary or at the request of any three members of the board....
- California Food and Agricultural Code Section 19218.4
(a) The board shall advise the secretary and may make recommendations to the secretary concerning all of the following: (1) Adoption, modification, and repeal of...
- California Food and Agricultural Code Section 19218.5
Persons subject to this chapter shall not have access to any information in the possession of any entity or entities established or designated pursuant to...
- California Food and Agricultural Code Section 19218.6
(a) The secretary shall adopt regulations to be used by the board to administer this article. (b) In adopting regulations and procedures, the secretary shall...
- California Food and Agricultural Code Section 19218.7
The secretary shall, within 30 days of receiving a recommendation from the board in accordance with this article, provide the board with notice of the...
- California Food and Agricultural Code Section 19220
A license granted under this chapter shall expire on December 31 of each year.
- California Food and Agricultural Code Section 19221
The application for a license or a renewal of a license shall be accompanied by the license fee.
- California Food and Agricultural Code Section 19222
A previous violation of any provision of this chapter is good and sufficient cause for denial of a license.
- California Food and Agricultural Code Section 19224
A proceeding for refusal or revocation of a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division...
- California Food and Agricultural Code Section 19225
Subject to Section 19229, the annual fee for each license held is one hundred dollars ($100).
- California Food and Agricultural Code Section 19226
A separate license shall be required for each place of business.
- California Food and Agricultural Code Section 19227
(a) In addition to the license fee required pursuant to Section 19225, the department may charge each licensed renderer and collection center an additional fee...
- California Food and Agricultural Code Section 19228
All fees, charges, and collections collected pursuant to Sections 19225, 19227, 19312, and 19315 shall be paid into the State Treasury monthly to the credit...
- California Food and Agricultural Code Section 19229
If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry plant,...
- California Food and Agricultural Code Section 19240
Every person engaged in the business of slaughtering animals for pet food or horses for human food purposes shall first obtain a license pursuant to...
- California Food and Agricultural Code Section 19241
The application shall be in a form which is prescribed by the director and shall contain the following: (a) The name and address of the...
- California Food and Agricultural Code Section 19242
The secretary, after notice and hearing, shall refuse to issue a license unless he or she finds that the applicant satisfies all of the following:...
- California Food and Agricultural Code Section 19260
Every person engaged in the business of processing, packing, or preparing fresh or frozen horsemeat or any other meat product for use as pet food...
- California Food and Agricultural Code Section 19261
The application for a license shall be in a form which is prescribed by the secretary and shall contain the following: (a) The name and...
- California Food and Agricultural Code Section 19262
The secretary, after notice and hearing, shall refuse to issue a license unless he or she finds that the applicant satisfies all of the following:...
- California Food and Agricultural Code Section 19280
Every person who engages in the business of importing (distributing or jobbing) fresh or frozen meat, meat byproducts, horsemeat byproducts, poultry meat, or poultry meat...
- California Food and Agricultural Code Section 19281
The application shall be in a form which is prescribed by the director and shall contain the following: (a) The name and address of the...
- California Food and Agricultural Code Section 19282
The director shall issue a license unless he finds, after notice and hearing, that the applicant has been convicted of a felony involving adulterated or...
- California Food and Agricultural Code Section 19300
Every person engaged in the business of rendering shall obtain a license from the department for each rendering plant.
- California Food and Agricultural Code Section 19300.5
Every person engaged in the business of operating a collection center shall obtain a license from the department for each collection center operated.
- California Food and Agricultural Code Section 19301
The application for a license shall be in a form which is prescribed by the director and shall contain the following: (a) The name and...
- California Food and Agricultural Code Section 19302
The department, after notice and hearing, may refuse to issue a license unless the department finds that the applicant satisfies both of the following: (a)...
- California Food and Agricultural Code Section 19303
In addition to any other records required to be kept pursuant to this chapter, every licensed renderer shall record and keep for 2 years, in...
- California Food and Agricultural Code Section 19304
All records required to be retained pursuant to this chapter shall be maintained at the regular place of business of every renderer and collection center...
- California Food and Agricultural Code Section 19305
Any peace officer of this state, or any employee of the department, during normal business hours, may inspect any premises maintained by a renderer or...
- California Food and Agricultural Code Section 19305.5
(a) The department may suspend or revoke a registration certificate at any time, if it finds any of the following has occurred: (1) The licensee...
- California Food and Agricultural Code Section 19306
(a) Any renderer or collection center operator licensed pursuant to this article or transporter registered pursuant to Article 6.5 (commencing with Section 19310) who fails...
- California Food and Agricultural Code Section 19310
(a) It is unlawful for any person or entity to engage in the transportation of inedible kitchen grease without being registered with the department and...
- California Food and Agricultural Code Section 19310.5
It is unlawful for any person who is not a registered transporter of inedible kitchen grease to transport that product from any place within this...
- California Food and Agricultural Code Section 19310.7
Any person registered as a transporter of inedible kitchen grease may deliver any inedible kitchen grease to a licensed renderer or collection center for processing...
- California Food and Agricultural Code Section 19311
Any renderer who operates vehicles for the purpose of collecting inedible kitchen grease shall register as a transporter of inedible kitchen grease and otherwise comply...
- California Food and Agricultural Code Section 19312
(a) Registration shall be made with the department and shall include all of the following: (1) The applicant's name and address. (2) A description of...
- California Food and Agricultural Code Section 19313
Every vehicle used in the transportation of inedible kitchen grease shall conspicuously display the name of the owner of the vehicle in letters not less...
- California Food and Agricultural Code Section 19313.1
In addition to any other records required to be kept pursuant to this chapter, every transporter of inedible kitchen grease shall record and maintain for...
- California Food and Agricultural Code Section 19313.5
It is unlawful for any person to steal, misappropriate, contaminate, or damage inedible kitchen grease, or containers thereof.
- California Food and Agricultural Code Section 19313.8
No registered transporter or any other person shall take possession of inedible kitchen grease from an unregistered transporter or knowingly take possession of stolen inedible...
- California Food and Agricultural Code Section 19314
The department may suspend or revoke a registration certificate, at any time, if it finds any of the following has occurred: (a) The registrant has...
- California Food and Agricultural Code Section 19315
(a) Except as provided in subdivision (b), in addition to the registration fee required by Section 19312, the department may charge a fee necessary to...
- California Food and Agricultural Code Section 19316
It is the purpose of this article to prevent the sale and transfer of illegally obtained inedible kitchen grease, to protect the environment, to reduce...
- California Food and Agricultural Code Section 19316.5
The department is authorized to establish a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper disposal...
- California Food and Agricultural Code Section 19317
A registered transporter of inedible kitchen grease shall, whenever any contract for the transportation of inedible kitchen grease under which that transporter provides transportation services...
- California Food and Agricultural Code Section 19320
All persons engaged in the business of hauling of dead cattle, sheep, swine, goats, horses or other large domesticated animals or parts of the carcasses...
- California Food and Agricultural Code Section 19321
The application for a license shall be in a form which is prescribed by the director and shall contain the following: (a) The name and...
- California Food and Agricultural Code Section 19322
The secretary, after notice and hearing, may refuse to issue a license unless he finds that the applicant: (a) Is properly equipped to engage in...
- California Food and Agricultural Code Section 19340
No slaughterer shall own or control directly or indirectly, through stock ownership or control or otherwise, by himself or through his agents or employees, any...
- California Food and Agricultural Code Section 19342
No slaughterer shall pick up or receive any dead animal at his slaughterhouse except those which have died en route and such animals shall be...
- California Food and Agricultural Code Section 19343
Every establishment where animals are slaughtered for pet food, or where fresh or frozen pet food is processed or prepared shall be maintained and operated...
- California Food and Agricultural Code Section 19344
All fresh or frozen meat, meat byproducts, horsemeat, and horsemeat byproducts sold or offered for sale to the public as pet food shall conform to...
- California Food and Agricultural Code Section 19346
Any carcasses or parts or products of animals which are not intended for use as human food shall prior to their being offered for sale...
- California Food and Agricultural Code Section 19347
The Legislature finds that the use in pet food of animals that died from reasons other than slaughtering and pet food prepared from diseased animals...
- California Food and Agricultural Code Section 19348
(a) Unless a waiver is granted by the State Veterinarian in conjunction with implementation of Section 9562 or a declaration of a state of emergency...
- California Food and Agricultural Code Section 19348.1
The State Veterinarian is authorized to approve temporary research projects for the purpose of determining whether alternative methods of animal tissue disposal are capable of...
- California Food and Agricultural Code Section 19348.5
Every person who transports a live horse or horses to a slaughterhouse subject to licensing under this chapter shall provide such horse or horses with...
- California Food and Agricultural Code Section 19349
All trucks and every licensed premises of a dead animal hauler shall be inspected by the bureau at least once a year before the license...
- California Food and Agricultural Code Section 19350
Vehicles used for dead animal hauling shall be completely unloaded, cleaned, and disinfected at the rendering plant.
- California Food and Agricultural Code Section 19352
Inspectors and duly authorized agents of the state, city, county, and city and county health departments shall have free access at all hours of operation...
- California Food and Agricultural Code Section 19353
Horses, mules, burros, cattle, sheep, goats and swine may be slaughtered on the premises of a pet food slaughterer.
- California Food and Agricultural Code Section 19354
A dead animal hauler shall register each vehicle used to transport dead animals with the bureau.
- California Food and Agricultural Code Section 19355
No licensee shall refuse to permit entry or inspection by a representative of the department, or to permit the taking of a sample of products.
- California Food and Agricultural Code Section 19356
No meat or meat byproduct or horsemeat or horsemeat byproduct shall be sold or offered for sale as pet food or for pet food purposes...
- California Food and Agricultural Code Section 19357
All labels or other identification marks or methods for articles subject to this chapter shall be approved by the director in advance of their use.
- California Food and Agricultural Code Section 19358
No person shall sell, transport, or offer for sale or transportation any meat or meat byproduct, horsemeat, or horsemeat byproduct subject to this article that...
- California Food and Agricultural Code Section 19360
Only horsemeat inspected by state or federal agents shall be sold or offered for sale for human consumption. When horsemeat is offered for sale for...
- California Food and Agricultural Code Section 19362
Every restaurant, cafe, or other public eating place offering or serving horsemeat for human consumption shall have stamped on all menus, in green ink letters...
- California Food and Agricultural Code Section 19363
Horsemeat or fresh or frozen pet food shall not be packed, stored or kept in any retail establishment with or in close proximity with any...
- California Food and Agricultural Code Section 19364
Horsemeat or fresh or frozen pet food shall be kept and stored in a separate unit in a retail establishment provided for that purpose. A...
- California Food and Agricultural Code Section 19365
All inspected horsemeat shall bear a tag or label with the words "inspected horsemeat," "U.S. government-inspected horsemeat," "state-inspected horsemeat," or "municipally inspected horsemeat," depending upon...
- California Food and Agricultural Code Section 19366
All horsemeat intended for pet food purposes not produced in the State of California shall be denatured before entering the state and shall meet all...
- California Food and Agricultural Code Section 19367
Nothing contained in this chapter shall prevent any city, city and county, or county from regulating or prohibiting by ordinance the sale of horsemeat in...
- California Food and Agricultural Code Section 19380
The director may adopt rules or regulations necessary to carry out the purpose of this chapter.
- California Food and Agricultural Code Section 19381
The director shall by regulation promulgate minimum standards for the fitness of pet food so that the health of the animals and citizens of this...
- California Food and Agricultural Code Section 19382
The director may establish by regulation, requirements to insure that vehicles used to transport dead animals and carcasses or parts or products of animals which...
- California Food and Agricultural Code Section 19383
The director shall establish by regulation, requirements for the slaughter of animals and inspection of pet food, to insure that it is wholesome, untainted, not...
- California Food and Agricultural Code Section 19384
The director shall establish by regulation the conditions under which carcasses or parts or products of animals for pet food may be processed, transported, and...
- California Food and Agricultural Code Section 19385
The director may establish regulations to permit the sale and distribution of food for crab bait and for the feeding of mink and zoo animals...
- California Food and Agricultural Code Section 19400
Any person that slaughters any horse, mule, burro, sheep, goats, swine or any other bovine for use as pet food, or who by purchase or...
- California Food and Agricultural Code Section 19401
This article does not apply to any of the following: (a) Retail sales of any fresh or processed meat or meat product in a quantity...
- California Food and Agricultural Code Section 19402
All horsemeat and animal food records shall be open at all times during the hours of operation to the inspection of the director, any health...
- California Food and Agricultural Code Section 19403
It is unlawful for any person that is required to keep horsemeat and pet food records to fail to keep such records, or to fail...
- California Food and Agricultural Code Section 19404
Every dead animal hauler shall keep a record when and where each carcass is picked up and delivered. The record shall be kept for a...
- California Food and Agricultural Code Section 19420
There is in the Department of Agriculture a compliance and evaluation team.
- California Food and Agricultural Code Section 19421
The compliance and evaluation team's primary duty shall be the enforcement of the provisions of this chapter and the regulations made pursuant thereto.
- California Food and Agricultural Code Section 19430
Any person who is licensed pursuant to this chapter, who requests inspection at time which is considered as overtime by Section 19352 shall be liable...
- California Food and Agricultural Code Section 19432
Any fee, charge, or assessment payable under the provisions of this chapter and regulations promulgated pursuant to it, shall constitute a debt of the person...
- California Food and Agricultural Code Section 19433
In establishing such fee, charge, or assessment the director shall give consideration to the fees, charges and assessments provided under the provisions of law stated...
- California Food and Agricultural Code Section 19440
Any person who is found guilty of violating any of the provisions of this chapter or the rules and regulations promulgated under this chapter is...
- California Food and Agricultural Code Section 19441
Any person who, as principal or agent, employer or employee, adulterates any other meat or meat food product intended for human food with horsemeat or...
- California Food and Agricultural Code Section 19443
In addition to the remedies herein provided, the department may bring an action in superior court and such court shall have jurisdiction upon hearing and...
- California Food and Agricultural Code Section 19444
Upon conviction of a violation of any provision of this chapter, any license issued pursuant to this chapter shall be automatically suspended for 30 days....
- California Food and Agricultural Code Section 19445
(a) In lieu of levying a civil penalty pursuant to Section 19447, and in lieu of seeking prosecution, upon complaint of the secretary, the Attorney...
- California Food and Agricultural Code Section 19446
In addition to any other remedies provided by this chapter, but in lieu of seeking prosecution of any violation of Article 6 (commencing with Section...
- California Food and Agricultural Code Section 19447
(a) In lieu of any civil action pursuant to Section 19445, and in lieu of seeking prosecution, the secretary may levy a civil penalty against...
- California Food and Agricultural Code Section 19501
(a) Cattle, calves, horses, mules, sheep, swine, goats, or fallow deer, or poultry shall be slaughtered by the methods prescribed in this section. No state...
- California Food and Agricultural Code Section 19501.5
(a) The department shall, on or before December 31, 1993, adopt regulations to implement Section 19501 as to the slaughter of poultry, and, thereafter, enforce...
- California Food and Agricultural Code Section 19502
The regulations adopted under this chapter shall conform as far as possible to the regulations of the United States Department of Agriculture governing methods of
- California Food and Agricultural Code Section 19503
The Department of Agriculture shall enforce the provisions of Section 19501 and is authorized and directed to perform the following duties: Designate, on or before...
- California Food and Agricultural Code Section 20001
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- California Food and Agricultural Code Section 20002
"Animal," "calf," and "cattle" mean only bovine animals.
- California Food and Agricultural Code Section 20003
"Brand" means a design which is permanently impressed on the hide of an animal by burning with acid, a chemical compound, or a hot iron.
- California Food and Agricultural Code Section 20004
"Brand" includes "brand and mark" if a mark is recorded or used with a brand.
- California Food and Agricultural Code Section 20005
"Bureau" means the Bureau of Livestock Identification.
- California Food and Agricultural Code Section 20006
"Carcass" means the carcass of an animal.
- California Food and Agricultural Code Section 20007
"Cattle record brand" means a brand used to classify an animal for the purpose of keeping records which relate to the animal.
- California Food and Agricultural Code Section 20008
"Chief" means the Chief of the Bureau of Livestock Identification.
- California Food and Agricultural Code Section 20009
"Hide" means the hide of an animal.
- California Food and Agricultural Code Section 20010
"Inspector" means a hide and brand inspector. It includes the chief, regional brand supervisors, senior brand inspectors, investigators, and persons employed on a collaborative basis...
- California Food and Agricultural Code Section 20011
"Mark" means a design which is cut into or from the ear, dewlap, or other part of an animal.
- California Food and Agricultural Code Section 20012
"Vent" means a design which is permanently impressed on the hide of a branded animal for the purpose of voiding the prior brand.
- California Food and Agricultural Code Section 20013
"Feedlot" means a beef cattle feedlot or feed yard having more than 500 head of cattle at one time during the calendar year in which...
- California Food and Agricultural Code Section 20014
"Beef cattle" means bovine animals of any breed being grown primarily for meat production.
- California Food and Agricultural Code Section 20015
"Registered feedlot" means a feedlot defined in Section 20013 that is registered with the bureau in accordance with Sections 21081 and 21082.
- California Food and Agricultural Code Section 20016
"Licensed frozen food locker plant" means an establishment defined and licensed pursuant to Chapter 14 (commencing with Section 28800) of Division 22 of the Health...
- California Food and Agricultural Code Section 20017
"Modified point-of-origin inspection area" means any area designated by the director, by regulation, pursuant to Section 21111.
- California Food and Agricultural Code Section 20018
"Upon entry into a registered feedlot" means brand inspection of the cattle as soon after arrival at the feedlot as is consistent with the provisions...
- California Food and Agricultural Code Section 20019
"Processor" means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for frozen...
- California Food and Agricultural Code Section 20020
"Point of sale" as used in Section 22004.1 means the first place where the transaction occurs when the hide is sold or otherwise transferred by...
- California Food and Agricultural Code Section 20021
"Modified point of origin inspection," as provided in Sections 21111 and 21112, pertains only to the inspection of cattle where there is no sale within...
- California Food and Agricultural Code Section 20022
"Full point of origin inspection area" means any area designated by the director, by regulation, pursuant to Sections 21141 and 21141.5.
- California Food and Agricultural Code Section 20023
"Full point of origin inspection" as provided in Sections 21141 and 21141.5 means the inspection of all cattle, except as herein excepted, prior to transportation...
- California Food and Agricultural Code Section 20024
"Destination point inspection" means the inspection of cattle within the California borders after shipment directly to a posted stockyard, public salesyard, private cattle sales market,...
- California Food and Agricultural Code Section 20025
"Cattle movement" means the transportation of cattle by vehicle or herding, such as a drive of an animal herd.
- California Food and Agricultural Code Section 20026
"Private treaty transaction," as used in this division, means the transfer of ownership of cattle or livestock by agreement or contract, at a point other...
- California Food and Agricultural Code Section 20027
"Pasture-to-pasture movement" means transportation of cattle, or leading or herding from one feeding or pasture premise to another feeding or pasture premise with no change...
- California Food and Agricultural Code Section 20028
"Transportation, transport, or transporting" as used in this division means to carry livestock from one place to another by means of a vehicle which may...
- California Food and Agricultural Code Section 20029
"Shipper" means any person who transfers cattle from one geographical location to another.
- California Food and Agricultural Code Section 20030
"Licensed slaughterer" means any person who is in the business of slaughtering bovine animals and who has applied to and been issued a grant of...
- California Food and Agricultural Code Section 20151
(a) The Legislature finds and declares that this division is enacted in the exercise of the police power of this state for the purpose of...
- California Food and Agricultural Code Section 20152
The provisions of this division, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.
- California Food and Agricultural Code Section 20171
The director may make such regulations as may be reasonably necessary to carry out this division and to protect the cattle of this state from...
- California Food and Agricultural Code Section 20172
The regulations shall be published in one or more stock journals of general circulation in the state before they become effective.
- California Food and Agricultural Code Section 20201
The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part...
- California Food and Agricultural Code Section 20202
The person in custody of any records required to be kept by any provision of Divisions 9 (commencing with Section 16301), 10 (commencing with Section...
- California Food and Agricultural Code Section 20203
It is unlawful for any person to refuse to exhibit any records to any inspector or peace officer who is acting in accordance with the...
- California Food and Agricultural Code Section 20221
Every person that violates this division is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one...
- California Food and Agricultural Code Section 20222
Any person who uses an unrecorded, forfeited, or canceled brand shall pay a penalty upon a first violation of one hundred dollars ($100); upon a...
- California Food and Agricultural Code Section 20251
Any person that violates any provision of this division, or any regulation which is issued pursuant to it, is liable civilly for a penalty in...
- California Food and Agricultural Code Section 20252
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 20253
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 20281
The department shall, at least once a month, report to the State Controller the total amount of money collected for fees, penalties, judgments, or otherwise....
- California Food and Agricultural Code Section 20282
Any money in the Department of Agriculture Fund derived under any of the provisions of this division may be expended for the administration and enforcement...
- California Food and Agricultural Code Section 20283
A civil action may be brought by the department to recover any fee, penalty, or other money that becomes due pursuant to this division.
- California Food and Agricultural Code Section 20401
There is in the department the Bureau of Livestock Identification.
- California Food and Agricultural Code Section 20402
The bureau is administered by a chief who is appointed by the director pursuant to the State Civil Service Act, Part 2 (commencing with Section...
- California Food and Agricultural Code Section 20403
The chief shall administer and enforce this division and shall perform such other duties within the scope of his employment as the director may require.
- California Food and Agricultural Code Section 20404
The chief is responsible to the director for the proper administration and enforcement of this division.
- California Food and Agricultural Code Section 20405
The chief shall assist in the prosecution of persons charged with violation of any provision of this division.
- California Food and Agricultural Code Section 20406
Subject to the approval of the director, the chief shall appoint such inspectors and other assistants as may be necessary to carry out this division.
- California Food and Agricultural Code Section 20407
Subject to the approval of the director, the chief may employ investigators to investigate reported thefts or losses of cattle.
- California Food and Agricultural Code Section 20432
Each inspector may enforce the provisions of Chapter 5 (commencing with Section 484), Title 13, Part 1 of the Penal Code, with reference to theft...
- California Food and Agricultural Code Section 20433
Each sheriff, member of the California Highway Patrol, and other peace officer shall cooperate and assist in enforcing this division.
- California Food and Agricultural Code Section 20434
Each sheriff or other officer to whom a complaint which relates to the loss or theft of cattle is made shall forthwith transmit to the...
- California Food and Agricultural Code Section 20435
If an inspector or peace officer finds any animal, hide, carcass, or portion of a carcass in the possession of any person that he has...
- California Food and Agricultural Code Section 20436
A person shall not, without a release from the inspector or peace officer, dispose of the animal, hide, carcass, or portion of a carcass within...
- California Food and Agricultural Code Section 20437
Any animal, hide, carcass, or portion of a carcass shall not be held pursuant to Section 20435 for more than 30 consecutive days, unless the...
- California Food and Agricultural Code Section 20438
Any inspector or peace officer may stop any conveyance which is transporting any animal, hide, carcass, or portion of a carcass on any public thoroughfare...
- California Food and Agricultural Code Section 20439
Any expense which is incurred in caring for any property which is seized pursuant to this article shall be paid by the owner of the...
- California Food and Agricultural Code Section 20440
Any animal which is seized by or comes into the possession of an inspector pursuant to this division shall be disposed of as provided in...
- California Food and Agricultural Code Section 20461
As used in this article, "board" means the Livestock Identification Advisory Board.
- California Food and Agricultural Code Section 20462
There is in the department the Livestock Identification Advisory Board, which consists of seven members. The director may appoint one additional member on the board,...
- California Food and Agricultural Code Section 20462.5
It is hereby declared, as a matter of legislative determination, that persons appointed to the Livestock Identification Advisory Board pursuant to this article are intended...
- California Food and Agricultural Code Section 20463
The director shall appoint the members to the board as follows: (a) Two shall be beef cattle producers. (b) Two shall be dairymen. (c) One...
- California Food and Agricultural Code Section 20464
In making his selection of the membership of the board, the director shall take into consideration the recommendations of organizations and associations of cattlemen, dairymen,...
- California Food and Agricultural Code Section 20465
The term of office of the members of the board is four years. Any vacancy which occurs during an unexpired term shall be filled by...
- California Food and Agricultural Code Section 20466
The members of the board shall serve without compensation but are entitled to their traveling expenses in the same amount as is provided for other...
- California Food and Agricultural Code Section 20467
The board shall assist the director and the Chief of the Bureau of Livestock Identification in the administration and enforcement of Part 1 (commencing with...
- California Food and Agricultural Code Section 20468
The members of the board shall confer with all of the following regarding matters which are involved in the administration of the enforcement functions of...
- California Food and Agricultural Code Section 20469
The board shall make recommendations to the director and to the Chief of the Bureau of Livestock Identification relative to all of the following: (a)...
- California Food and Agricultural Code Section 20470
The board shall meet at the call of its chairman. It shall meet at least once in every three months.
- California Food and Agricultural Code Section 20471
The meetings of the board shall be held in the offices of the department at Sacramento, or elsewhere within the state, if necessary for the...
- California Food and Agricultural Code Section 20601
It is the ultimate object of this division to provide for statewide recordation of brands with the entire state as one branding district.
- California Food and Agricultural Code Section 20602
Brands for the purpose of establishing or indicating ownership of cattle may be recorded pursuant to this chapter. Brands for other purposes shall not be
- California Food and Agricultural Code Section 20603
The chief shall, by regulation, prescribe the location on the animal where different types of brands, including recorded brands and cattle record brands, may be
- California Food and Agricultural Code Section 20604
It is unlawful for any person to brand any animal except in accordance with the provisions of this chapter.
- California Food and Agricultural Code Section 20605
It is unlawful for any person to use an unrecorded, forfeited, or canceled brand.
- California Food and Agricultural Code Section 20606
It is unlawful for any person to apply a recorded brand in any location on the animal except that which is specified on the brand...
- California Food and Agricultural Code Section 20607
It is unlawful for any person to use a brand on cattle indicating ownership unless the cattle are owned by him or he has been...
- California Food and Agricultural Code Section 20608
Proof of possession or ownership of cattle with an unrecorded, forfeited, or canceled brand establishes a rebuttable presumption that the person in possession or the...
- California Food and Agricultural Code Section 20609
In every suit at law or in equity, if the title to any animal is involved, proof of the brand of the animal establishes a...
- California Food and Agricultural Code Section 20610
(a) The owner of cattle brought into this state from out of state for grazing purposes may apply to the director for a permit to...
- California Food and Agricultural Code Section 20631
Venting a brand consists of rebranding a branded animal, by the owner of the animal, for the purpose of voiding his prior brand.
- California Food and Agricultural Code Section 20632
A vent brand may be applied on the loin of an animal which corresponds to the side the owner's registered brand.
- California Food and Agricultural Code Section 20633
Only the owner's recorded brand may be used as a vent. Recordings shall not be issued which allow the use of any other brand as...
- California Food and Agricultural Code Section 20661
Any person that desires to use a brand in this state may acquire the right to do so pursuant to this chapter. Application forms for...
- California Food and Agricultural Code Section 20662
To conform to the objective of this chapter, all applications for the recordation of a brand shall be accepted by the chief only if the...
- California Food and Agricultural Code Section 20663
An application for the recordation of a brand shall be filed with the bureau.
- California Food and Agricultural Code Section 20664
The application shall contain all of the following: (a) A facsimile of the brand which is sought to be recorded. (b) A statement of the...
- California Food and Agricultural Code Section 20665
A mark may be recorded only with a brand. If a mark is sought to be recorded with a brand, the application shall also contain...
- California Food and Agricultural Code Section 20666
Upon receipt of an application, the bureau shall examine the application and compare the design applied for with brands that are already of record.
- California Food and Agricultural Code Section 20667
An application shall not be accepted for the recordation of a brand which consists only of a mark.
- California Food and Agricultural Code Section 20668
An application shall not be accepted for the recordation of a brand if the brand is to be applied to any of the following: (a)...
- California Food and Agricultural Code Section 20669
An application shall not be accepted for the recordation of a brand which is accompanied by a mark if the use of the mark involves...
- California Food and Agricultural Code Section 20670
An application shall not be accepted for the recordation of a brand except upon the payment of the fee for the recordation of the brand.
- California Food and Agricultural Code Section 20671
If the application does not conform to the requirements of, or cannot be accepted pursuant to, this chapter, a statement of the reason why it...
- California Food and Agricultural Code Section 20672
Any person who is aggrieved at any determination made pursuant to Section 20662 may appeal in person to the Livestock Identification Advisory Board. Upon receipt...
- California Food and Agricultural Code Section 20691
The bureau shall maintain a record of all brands that are recorded, except forfeited or canceled brands which are subject to Section 20701.
- California Food and Agricultural Code Section 20692
Any person, upon request to the bureau, shall be furnished information as to any recorded brand.
- California Food and Agricultural Code Section 20693
A brand shall not be recorded if it consists of any letters or characters which are applied in more than one branding location on the
- California Food and Agricultural Code Section 20694
A brand shall not be recorded for any person under 18 years of age unless the application is countersigned by his parent or guardian.
- California Food and Agricultural Code Section 20695
Recordation of a brand consists of entering in the brand records the matters which are contained in the application, together with the date of recordation,...
- California Food and Agricultural Code Section 20696
The original cattle brand registration certificate shall be kept on file in the bureau. A duplicate certificate shall be issued to the person in whose...
- California Food and Agricultural Code Section 20697
The issuance to a person of a cattle brand registration certificate confers upon the person to whom it is issued both of the following: (a)...
- California Food and Agricultural Code Section 20698
The right to use a brand is a property right and may be sold or otherwise transferred.
- California Food and Agricultural Code Section 20699
A transferee of a brand shall not use the brand until the transfer has been recorded by the bureau.
- California Food and Agricultural Code Section 20700
The record of any brand may be canceled at any time upon the written request of the person in whose name it is recorded.
- California Food and Agricultural Code Section 20701
The records of brands which have been forfeited or canceled for more than five years may be removed from the files and destroyed.
- California Food and Agricultural Code Section 20721
The right to use a recorded brand is lost by the failure to pay the fees which are required by Article 6 (commencing with Section...
- California Food and Agricultural Code Section 20722
If the renewal fee that is required by Article 6 (commencing with Section 20751) is not paid by April 30th following the recordation of the...
- California Food and Agricultural Code Section 20723
If the right to use a brand is suspended for more than one year, the right is forfeited on April 1st following the year of...
- California Food and Agricultural Code Section 20724
The right to use any brand which conflicts with any brand which has a prior cattle brand registration certificate number pursuant to this chapter is...
- California Food and Agricultural Code Section 20751
The fee for each application for recording a brand is sixty dollars ($60).
- California Food and Agricultural Code Section 20752
The fee entitles the applicant to the recordation of one brand, one duplicate brand registration certificate, and the right to use the brand until the...
- California Food and Agricultural Code Section 20754
Except as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30th after its recordation, pay to the bureau...
- California Food and Agricultural Code Section 20755
The owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is...
- California Food and Agricultural Code Section 20756
If the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the...
- California Food and Agricultural Code Section 20757
(a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred twenty dollars ($120). This amount...
- California Food and Agricultural Code Section 20758
The fee for recording the transfer of a brand, including a new certificate, is sixty dollars ($60).
- California Food and Agricultural Code Section 20759
If the applicant fails to submit within 60 days of the date of receipt by the department of application for recording or re-recording a brand,...
- California Food and Agricultural Code Section 20760
The fees or penalties prescribed in this article may be raised or lowered under one of the following conditions: (a) Lowered by the director, based...
- California Food and Agricultural Code Section 20791
If the brand records on file with the bureau disclose that two or more brands have been recorded which appear to be so similar as...
- California Food and Agricultural Code Section 20792
Notice of the hearing shall be given to each interested person at least 10 days prior to the hearing.
- California Food and Agricultural Code Section 20793
At the hearing, the chief shall first determine if the brands are so similar as to be misleading or conflicting. The chief shall dismiss the...
- California Food and Agricultural Code Section 20794
If, at the hearing, the chief finds that two or more brands have been recorded which are so similar as to be misleading or conflicting,...
- California Food and Agricultural Code Section 20795
The owner of a recorded brand may request the chief to make an investigation if there are cattle other than his own which bear a...
- California Food and Agricultural Code Section 20796
If, after the investigation, the chief finds sufficient cause for such action, he may require that the cattle, other than those of the owner of...
- California Food and Agricultural Code Section 20797
Any person who loses his or her right to use a brand as a result of the determination of the chief pursuant to this article...
- California Food and Agricultural Code Section 20901
Notwithstanding any other provision of this division, cattle may be branded pursuant to this chapter.
- California Food and Agricultural Code Section 20902
A cattle record brand shall be used only for purposes of identification. It is not evidence of ownership.
- California Food and Agricultural Code Section 20903
A cattle record brand shall not be recorded.
- California Food and Agricultural Code Section 20904
A cattle record brand may be placed upon either loin in front of the hip and behind the ribs of the animal.
- California Food and Agricultural Code Section 20905
A cattle record brand for dairy cattle of the Holstein, Jersey, Guernsey, Ayrshire, Brown Swiss, Dutch Belted, and Milking Shorthorn breeds may be placed upon...
- California Food and Agricultural Code Section 20906
A cattle record brand consists of: (a) Consecutive numerals, letters, or a combination of numerals or letters if placed upon the loin of an animal....
- California Food and Agricultural Code Section 21051
Except as otherwise provided in this chapter, cattle shall be inspected as follows: (a) Whenever cattle are sold or ownership is transferred. (b) Prior to...
- California Food and Agricultural Code Section 21051.3
(a) Any person who moves or transports any animal without inspection, as required by this chapter, is liable to the director for a civil penalty...
- California Food and Agricultural Code Section 21051.4
(a) In addition to any other penalty provided by this chapter, the director may levy a civil penalty against any person who violates this chapter...
- California Food and Agricultural Code Section 21051.5
When brand inspection is not required under Section 21051, any person, upon his request, shall receive brand inspection of cattle. Any such person who requests...
- California Food and Agricultural Code Section 21052
It is unlawful for any person who owns or has custody of cattle to move, slaughter, release, sell, or receive at a registered feedlot that...
- California Food and Agricultural Code Section 21053
Inspection is not required prior to transportation from a modified point-of-origin inspection area, or prior to movement if being sold, if the cattle are being...
- California Food and Agricultural Code Section 21054
Inspection is not required in cases where cattle are being transported to or from a fair or livestock exhibit within the state's boundaries if the...
- California Food and Agricultural Code Section 21055
Inspection is not required prior to slaughter by licensed slaughterers at slaughterhouses where the chief determines it is impossible or impractical to have inspection prior...
- California Food and Agricultural Code Section 21056
Inspection is not required prior to slaughter of an animal by the producer of the animal pursuant to Section 22002. The hides of such animals...
- California Food and Agricultural Code Section 21057
Except as provided in Section 21206, inspection is not required prior to slaughter at a licensed slaughterhouse when the cattle are being shipped direct from...
- California Food and Agricultural Code Section 21058
All cattle shipped pursuant to Section 21057 shall be accompanied by one of the following: (a) A bill of sale on an approved form giving...
- California Food and Agricultural Code Section 21059
Inspection is not required for pasture-to-pasture movement in the following cases: (a) When the cattle are moved or transported only between points in the same...
- California Food and Agricultural Code Section 21060
Inspection is not required in cases where the cattle being moved or transported are dairy calves, and such calves meet all of the following classifications:...
- California Food and Agricultural Code Section 21060.5
Any calves not exempt from inspection pursuant to Section 21060, shall be inspected in accordance with the provisions of Sections 21051 and 21052.
- California Food and Agricultural Code Section 21060.7
It is unlawful for any person to move or transport any calves exempt from inspection pursuant to Section 21060 without preparing the bill of sale...
- California Food and Agricultural Code Section 21061
The director may make regulations which govern the brand inspection of cattle and hides at slaughterhouses. The regulations may provide for an inspection schedule at...
- California Food and Agricultural Code Section 21062
All cattle shipped to a registered feedlot, licensed slaughterhouse, or licensed or posted livestock salesyard or market in this state for inspection at destination pursuant...
- California Food and Agricultural Code Section 21064
A copy of the document required by Section 21062 shall be kept on file in the office of the registered feedlot, licensed slaughterhouse, or salesyard...
- California Food and Agricultural Code Section 21066
Except as otherwise provided in subdivisions (b) and (h) of Section 21051, all cattle transported within the state for pasture or feeding purposes with no...
- California Food and Agricultural Code Section 21067
(a) The chief may issue an annual permit to allow cattle to be transported out of this state without the brand inspection required pursuant to...
- California Food and Agricultural Code Section 21068
(a) The secretary may issue a special permit to allow cattle to be transported out-of-state directly for immediate slaughter only, without the brand inspection required...
- California Food and Agricultural Code Section 21069
(a) The director may issue an annual release permit to allow cattle to be transported into another state without brand inspection if all of the...
- California Food and Agricultural Code Section 21081
The operator of a feedlot as defined in Section 20013 shall register each such feedlot with the director.
- California Food and Agricultural Code Section 21082
Registration consists of filing of a registration application with the bureau which shall show the location of the feedlot, its capacity, the names and addresses...
- California Food and Agricultural Code Section 21083
The director may cancel the registration of any feedlot from which cattle were shipped without the inspection required by subdivision (d) of Section 21051. When...
- California Food and Agricultural Code Section 21084
The director may cancel the registration of any feedlot in which the operator has not fed cattle for slaughter for a period of 90 days....
- California Food and Agricultural Code Section 21111
The secretary shall, by regulation, establish and maintain a modified point-of-origin inspection area whenever the cattle producers owning cattle in the affected area request the...
- California Food and Agricultural Code Section 21111.5
Cattle producers owning cattle in the affected area may, upon written request or petition signed by at least 25 cattle producers owning cattle in that...
- California Food and Agricultural Code Section 21112
A modified point-of-origin inspection area may consist of one or more counties or geographical areas.
- California Food and Agricultural Code Section 21141
The secretary shall, by regulation, establish and maintain a full point-of-origin inspection area whenever the cattle producers owning cattle in the affected area request this...
- California Food and Agricultural Code Section 21141.5
A full point-of-origin inspection area may consist of one or more counties or geographical areas.
- California Food and Agricultural Code Section 21142
Cattle producers owning cattle in the affected area may, upon written request or petition signed by at least 25 cattle producers owning cattle in that...
- California Food and Agricultural Code Section 21171
Inspection of cattle consists of the examination of the cattle for all brands and marks, and, in the case of unbranded cattle, for natural marks,...
- California Food and Agricultural Code Section 21172
If inspection is required, the person that requests the inspection shall notify the inspector. The inspector shall make his inspection as soon as practicable after...
- California Food and Agricultural Code Section 21172.2
The director may, by regulation, provide that any person who ships any cattle from a modified point-of-origin inspection area, for inspection at destination, is required...
- California Food and Agricultural Code Section 21172.5
The brand inspection of cattle as provided for in this chapter shall be conducted in such a way as to minimize the disruption of normal...
- California Food and Agricultural Code Section 21173
If requested to do so, the person in charge of the animals shall furnish the inspector with a list of the brands and marks on...
- California Food and Agricultural Code Section 21174
If, upon inspection, there is found any animal which does not bear the recorded brand of the person that presents the animal for inspection, such...
- California Food and Agricultural Code Section 21175
The shipper or person in charge of cattle being shipped or offered for inspection is responsible for sorting out stray animals and identifying such strays...
- California Food and Agricultural Code Section 21201
It is unlawful for any inspector to issue a certificate of inspection unless he personally made the inspection between sunrise and sunset.
- California Food and Agricultural Code Section 21202
If satisfied that the person that offers the cattle for inspection is in lawful possession of them, the inspector shall issue a certificate of inspection.
- California Food and Agricultural Code Section 21203
The certificate of inspection shall be signed by the inspector and shall show all of the following: (a) The place and date of inspection and...
- California Food and Agricultural Code Section 21204
One copy of the certificate of inspection shall accompany the shipment.
- California Food and Agricultural Code Section 21205
Unless the inspector who issued the certificate is notified and approves, it is unlawful for any person to remove any animal and substitute another for...
- California Food and Agricultural Code Section 21206
Cattle which are shipped for slaughter from either of the following points of origin may be inspected by the director without any charge prior to...
- California Food and Agricultural Code Section 21207
Whenever the director upon the inspection provided for by Section 21206 finds any cattle that have not been inspected in accordance with subdivisions (d), (f)...
- California Food and Agricultural Code Section 21208
In addition to any other penalty, any person who slaughters cattle at a slaughter plant without the brand inspection required by this chapter, shall pay...
- California Food and Agricultural Code Section 21231
Unless the shipment is released pursuant to Section 21233 or 21744, no common carrier, or owner or driver of any conveyance shall receive for transporation...
- California Food and Agricultural Code Section 21232
The duplicate brand inspection certificate shall accompany to destination any cattle which are transported over a public thoroughfare.
- California Food and Agricultural Code Section 21233
The chief may release, or provide for the release of, cattle without the inspection which is required by Section 21231, but inspection shall be made...
- California Food and Agricultural Code Section 21236
Any brand inspection certificate which has been altered, defaced, or changed is void. An inspector may, however, indicate on an inspection certificate any number of...
- California Food and Agricultural Code Section 21237
Except as otherwise provided in Section 21236, it is unlawful for any person to alter, deface, or change any brand inspection certificate.
- California Food and Agricultural Code Section 21238
Except as otherwise provided in Section 21236, it is unlawful for any person to possess, or present to an inspector or any peace officer, any...
- California Food and Agricultural Code Section 21261
The chief may provide for the issuance of shipping permits for inspected cattle which are shipped by railroad, or for cattle that are covered by...
- California Food and Agricultural Code Section 21281
All brand inspection fees are due and payable at the time of the inspection. The amount which is due for all inspections that are made...
- California Food and Agricultural Code Section 21281.5
In addition to other applicable fees, as provided by this chapter, the director may impose a service charge in an amount not to exceed ten...
- California Food and Agricultural Code Section 21282
Any fees which are due and payable for brand inspections which are not paid as required by this article may be recovered by the director...
- California Food and Agricultural Code Section 21283
(a) Unless otherwise provided in this article, inspection fees shall be paid at the point of inspection. (b) The fee for inspection is one dollar...
- California Food and Agricultural Code Section 21283.5
Except as otherwise provided in this article, on all private treaty transaction inspections, as defined in Section 20026, regardless of destination, the fee of one...
- California Food and Agricultural Code Section 21284
A charge shall not be made for the inspection of suckling calves which are accompanying their mothers if they are transported for purposes other than...
- California Food and Agricultural Code Section 21285
The fee is one dollar and five cents ($1.05) for the inspection before sale of each animal at a public saleyard which is posted by...
- California Food and Agricultural Code Section 21288
In a modified point-of-origin inspection area, as provided in Section 21111, the fee for the inspection of cattle, other than suckling calves which are accompanying...
- California Food and Agricultural Code Section 21288.5
For cattle, other than suckling calves accompanying their mothers, transported out of the state for purposes other than sale or slaughter and where no change...
- California Food and Agricultural Code Section 21289
The fee for the inspection of cattle which originated in any county or geographical area where a full point-of-origin inspection is maintained pursuant to Article...
- California Food and Agricultural Code Section 21290.5
Any person who receives cattle from any cattle sale market, either public or private, including any public stockyard where sales of cattle are held, may,...
- California Food and Agricultural Code Section 21291
The fees which are provided in Article 9 (commencing with Section 21281) and Article 5 (commencing with Section 21561) may be: (a) Lowered by the...
- California Food and Agricultural Code Section 21292
(a) The Bureau of Livestock Identification is authorized to enter into a Memorandum of Understanding with any purebred cattle producer or breeder for purposes of...
- California Food and Agricultural Code Section 21321
The inspector shall make a memorandum which shows the number, sex, brands, or marks on each animal which is inspected, and the names of the...
- California Food and Agricultural Code Section 21322
The memorandum of the inspection shall be retained for record purposes by the inspector for at least two years after the date of the inspection.
- California Food and Agricultural Code Section 21323
The bureau shall maintain for a period of five years a file of brand inspection certificates in such manner as to disclose the number of...
- California Food and Agricultural Code Section 21451
Except as otherwise provided in this chapter, inspection of carcasses with the hide on and of hides shall be made in the same manner as...
- California Food and Agricultural Code Section 21452
The chief may provide for the release of hides or carcasses from inspection in cases in which inspection would serve no useful purpose.
- California Food and Agricultural Code Section 21453
A new inspection need not be made of the hide or carcass of an animal which was previously inspected as follows: (a) Inspected pursuant to...
- California Food and Agricultural Code Section 21455
Every person not a licensed slaughterer that slaughters any cattle or calves and does not send the carcass and hide to a licensed frozen food...
- California Food and Agricultural Code Section 21456
A person shall not have in his possession a carcass or any meat from a carcass which was not slaughtered by a licensed slaughterer, unless...
- California Food and Agricultural Code Section 21457
A person shall not remove any evidence of inspection from a hide until after it has been partially tanned.
- California Food and Agricultural Code Section 21458
A person shall not sell, give away, deliver, transport, buy, accept, or receive the hide of any animal unless the hide has been inspected or
- California Food and Agricultural Code Section 21459
A person shall not obliterate, alter, or remove a brand which is on a hide, or burn or in any manner destroy the hide until...
- California Food and Agricultural Code Section 21482
If, upon inspection, there is found any carcass or hide which does not bear the recorded brand of the person that presents the carcass or...
- California Food and Agricultural Code Section 21531
Unless the shipment is exempted under Section 21453 or released pursuant to Section 21532, no common carrier, or owner or driver of any conveyance shall...
- California Food and Agricultural Code Section 21532
The chief may release, or provide for the release of, any carcass or hide without the inspection which is required by Section 21531. Inspection shall,...
- California Food and Agricultural Code Section 21561
All brand inspection fees are due and payable at the time of the inspection. The amount which is due for all inspections that are made...
- California Food and Agricultural Code Section 21562
Any fees which are due and payable for brand inspections that are made which remain unpaid or are not paid as required by this article...
- California Food and Agricultural Code Section 21563
Except as otherwise provided in this article, the fee shall be paid at the point of inspection and is one dollar and forty-four cents ($1.44)...
- California Food and Agricultural Code Section 21563.5
The fee for the inspection of each carcass or hide shall be one dollar and forty-four cents ($1.44) for each carcass and hide originating in...
- California Food and Agricultural Code Section 21565
A charge shall not be made for the inspection of any hide which has been previously inspected pursuant to this chapter.
- California Food and Agricultural Code Section 21591
The bureau shall maintain for a period of five years a file of brand inspection certificates in such manner as to disclose the number of...
- California Food and Agricultural Code Section 21701
As used in this article, "animal" includes: (a) A bovine animal. (b) The carcass of a bovine animal from which the hide has not been...
- California Food and Agricultural Code Section 21702
No person shall buy, sell, or accept any animal, unless the seller or donor gives, and the buyer or donee receives, at the time of...
- California Food and Agricultural Code Section 21702.1
Any person who sells or otherwise transfers title to any cattle or calves to another person shall remit to the director within 30 days of...
- California Food and Agricultural Code Section 21703
Except as provided in Section 21058, bills of sale or consignment required by any provision of Division 9 (commencing with Section 16301) or Division 10...
- California Food and Agricultural Code Section 21704
The failure of the seller or donor to give a written bill of sale or written instrument to the buyer or donee has no effect...
- California Food and Agricultural Code Section 21705
If by any provision of this division a certificate, bill of sale, or other document is required to accompany any shipment of animals, nothing in...
- California Food and Agricultural Code Section 21706
Any invoice of sale or bill of sale which has been altered, defaced or changed is void. An inspector may, however, indicate on a bill...
- California Food and Agricultural Code Section 21707
Except as otherwise provided in Section 21706, it is unlawful for any person to alter, deface or change any invoice of sale or bill of
- California Food and Agricultural Code Section 21708
An auctioneer shall not offer any milking cow for sale at any auction sale of cattle unless the milking cow has been milked out and...
- California Food and Agricultural Code Section 21709
Except as otherwise provided in Section 21706, it is unlawful for any person to possess, or to present to an inspector or peace officer, any...
- California Food and Agricultural Code Section 21710
It is unlawful for any person to falsify any of the bill of sale information required by Sections 21702 and 21703, or to present such...
- California Food and Agricultural Code Section 21731
Stockyards which are posted by the United States Department of Agriculture under the Packers and Stockyards Act (7 U.S.C., Sec. 181 et seq.), agricultural fairs,...
- California Food and Agricultural Code Section 21732
The license and bond provisions of this article do not apply to the sale by an auctioneer of cattle on the premises of the owner...
- California Food and Agricultural Code Section 21733
A person shall not engage in the business of selling cattle at a public salesyard unless he has done all of the following: (a) Obtained...
- California Food and Agricultural Code Section 21734
The bond required pursuant to Section 21733 is subject to the approval of the director and shall be conditioned as follows: (a) That the person...
- California Food and Agricultural Code Section 21735
Any amount which is recovered upon the bond shall be paid to the owner of the animal.
- California Food and Agricultural Code Section 21736
The bureau shall grant to every applicant that complies with this article and the regulations which are adopted pursuant to it, a separate license to...
- California Food and Agricultural Code Section 21737
A permit shall be granted by the bureau to change the address or location of a previously licensed salesyard. No additional license fee or bond...
- California Food and Agricultural Code Section 21738
Each such license shall be renewed on or before the first day of each succeeding calendar year. The renewal fee is one hundred dollars ($100)...
- California Food and Agricultural Code Section 21743
Any person that is engaged in the business of selling cattle on consignment at any public stockyard, public salesyard, or public cattle sales market shall...
- California Food and Agricultural Code Section 21744
Cattle shall not be released from a public stockyard, public salesyard, public cattle sales market, or any other public consignment sale or private auction sale...
- California Food and Agricultural Code Section 21745
The press-numbered bill of sale or press-numbered certificate of sale that is required pursuant to Section 21744 shall contain all of the following information on...
- California Food and Agricultural Code Section 21746
The director may make regulations which govern the brand inspection of cattle at public salesyards, public stockyards and at private cattle auction sales. The regulations...
- California Food and Agricultural Code Section 21747
It is unlawful for any person to sell cattle at a public salesyard or release cattle from public salesyards unless an inspector has made a...
- California Food and Agricultural Code Section 21748
It is unlawful for any person to release any cattle which are sold at public auction unless the required brand inspection certificate has been prepared...
- California Food and Agricultural Code Section 21749
Except as otherwise provided in Section 21750, any person that engages as a business in the sale of cattle at a public salesyard without a...
- California Food and Agricultural Code Section 21750
Any public cattle salesyard operator that has had a previous license and continues to operate a public salesyard after the expiration of his license is...
- California Food and Agricultural Code Section 21751
(a) If cattle sold at a public auction have a dairy exemption number, the auctioneer shall announce at the sale that those cattle are being...
- California Food and Agricultural Code Section 21851
As used in this article, "range" means the enclosed or unenclosed lands outside of cities, towns, and villages in this state, whether of the public...
- California Food and Agricultural Code Section 21852
Any person that is not the owner or does not have the right of possession of any cattle, that is found driving such cattle off...
- California Food and Agricultural Code Section 21855
Notwithstanding any other provision of law, in any action for the wrongful taking, possessing, harboring, or transporting of cattle, for the driving of cattle off...
- California Food and Agricultural Code Section 21856
(a) The judge before whom any person is tried for the wrongful taking, possessing, killing, or slaughter of cattle without the consent of the owner...
- California Food and Agricultural Code Section 21881
If any animal is killed or injured upon the right-of-way of any railroad in this state, the owner or operator of the railroad equipment injuring...
- California Food and Agricultural Code Section 21882
The report shall contain all of the following: (a) A description of the animal. (b) The brands and marks and the position of the brands...
- California Food and Agricultural Code Section 21883
The report shall be given by telephone, telegraph, or mail to the owner of the animal if known. If the owner of the animal is...
- California Food and Agricultural Code Section 21884
Reports by telephone shall be confirmed within 24 hours by telegraph or mail to the office of the sheriff. A copy shall be sent to...
- California Food and Agricultural Code Section 21885
Upon receiving the report the officer or brand inspector shall attempt to ascertain the ownership of the dead or injured animal and notify the owner...
- California Food and Agricultural Code Section 21886
It is unlawful for any person to bury, conceal, or destroy any animal, or do anything to the carcass of any animal, which will tend...
- California Food and Agricultural Code Section 22001
Except as otherwise provided in this chapter, a person shall not slaughter, or request or hire any person that is not a licensed slaughterer to...
- California Food and Agricultural Code Section 22001.5
The Legislature finds and declares that mobile slaughter operators who perform the service of slaughtering cattle for the owner of the cattle on the owner's...
- California Food and Agricultural Code Section 22002
Any producer of cattle may slaughter or have slaughtered for him on his own premises, in small numbers, cattle of his own production and raising...
- California Food and Agricultural Code Section 22003
Cattle which are slaughtered by or for the producer of the cattle at his premises and for his own consumption may be transported with the...
- California Food and Agricultural Code Section 22004
Carcasses and hides received by the licensed frozen food locker plant or processor shall be identified in a manner prescribed by regulation and inspected, or...
- California Food and Agricultural Code Section 22004.1
It is the responsibility of the person who slaughters an animal and delivers the carcass to a licensed frozen food locker plant or processor pursuant...
- California Food and Agricultural Code Section 22005
The skinning, splitting, and quartering of the cattle slaughtered pursuant to Section 22002 at a licensed frozen food locker plant are not required to be...
- California Food and Agricultural Code Section 22006
The licensed frozen food locker plant operator shall maintain a record of every transaction which involves uninspected meat for a period of five years. The...
- California Food and Agricultural Code Section 22007
Any owner or producer of livestock may have them inspected and slaughtered by a licensed slaughterer. The owner or producer may, thereafter, sell the meat...
- California Food and Agricultural Code Section 22008
Every person that is not a licensed slaughterer that slaughters cattle shall do all of the following: (a) Keep a record in a book which...
- California Food and Agricultural Code Section 22009
Any person who is requested to custom cut or otherwise process for another person any meat from a bovine animal that was not slaughtered by...
- California Food and Agricultural Code Section 22010
Any person receiving meat pursuant to Section 22009 shall keep a record in a book which he keeps for that purpose that discloses the following...
- California Food and Agricultural Code Section 22031
A person shall not engage in the business of slaughtering cattle unless the person has been issued a grant of inspection by the United States...
- California Food and Agricultural Code Section 22037
(a) A mobile slaughter operator, as provided in Section 22001.5, shall file a registration with the bureau that shows the names and addresses of the...
- California Food and Agricultural Code Section 22044
Every licensed slaughterer of cattle shall have on file in his office prior to slaughter and shall keep for one year after slaughter, the original...
- California Food and Agricultural Code Section 22045
Every licensed slaughterer that slaughters cattle where inspection prior to slaughter is impossible or impractical shall keep a record which sets forth the name of...
- California Food and Agricultural Code Section 22046
Every licensed slaughterer that does not have brand inspection prior to slaughter on each day on which he slaughters, and whose hides are not inspected...
- California Food and Agricultural Code Section 22047
It is unlawful for a licensed slaughterer to allow anyone to slaughter cattle at the licensee's plant, except a person that is licensed to slaughter...
- California Food and Agricultural Code Section 22048
If a licensed slaughterer desires to change to another location, the person shall notify the bureau of the relocation.
- California Food and Agricultural Code Section 22049
It is unlawful for a licensed slaughterer to slaughter cattle at any place other than a slaughterhouse at which he is licensed to slaughter.
- California Food and Agricultural Code Section 22081
A wholesaler of meat shall not purchase the meat of any animal except from any of the following: (a) A licensed slaughterer. (b) Another wholesaler...
- California Food and Agricultural Code Section 22082
A peddler or retailer of meat shall not purchase the meat of an animal from any person not known to him to be a licensed...
- California Food and Agricultural Code Section 22083
Every peddler or retailer of meat that purchases the meat of any animal shall enter all of the following in a book which he keeps...
- California Food and Agricultural Code Section 22084
A person, other than a regular wholesaler of meat that has an established place of business or a licensed slaughterer, shall not give, sell, or...
- California Food and Agricultural Code Section 22086
It is unlawful for any person to misrepresent the type, kind, or quality of a dressed carcass of any animal or part of such carcass,...
- California Food and Agricultural Code Section 23001
The provisions of this division, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.
- California Food and Agricultural Code Section 23021
The director shall enforce this division. He may make such regulations as are reasonably necessary for such enforcement.
- California Food and Agricultural Code Section 23041
The director may make any necessary investigations relative to reported violations of this division, pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part...
- California Food and Agricultural Code Section 23043
Any agent of the department or any peace officer may, for the purpose of making an investigation, do any of the following: (a) Stop any...
- California Food and Agricultural Code Section 23044
Any expense which is incurred pursuant to Section 23043 shall be paid by the owner. The cost of caring for the property which is held...
- California Food and Agricultural Code Section 23045
Any animal which is seized by, or comes into the possession of an inspector pursuant to this division shall be disposed of pursuant to Chapter...
- California Food and Agricultural Code Section 23071
Every person that violates any provision of this division is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not...
- California Food and Agricultural Code Section 23091
Any person that violates any provision of this division or any regulation which is issued pursuant to it is liable civilly for a penalty in...
- California Food and Agricultural Code Section 23092
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 23093
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 23121
Any money in the Department of Agriculture Fund which is derived pursuant to this division may be expended for the administration and enforcement of any...
- California Food and Agricultural Code Section 23122
The director shall, at least once each month, report to the State Controller the total amount of any money which is collected for fees, penalties,...
- California Food and Agricultural Code Section 23123
A civil action may be brought by the director to recover any fee, penalty, or other money that may become due pursuant to this division.
- California Food and Agricultural Code Section 23251
Any person that desires to use a brand on horses, mules, burros, or sheep shall be governed by the same provisions and procedures with reference...
- California Food and Agricultural Code Section 23251.1
For the purposes of this article, "brand" also includes a design which is made by applying a super-cold iron that permanently causes white hair growth...
- California Food and Agricultural Code Section 23252
Any person that owns a registered cattle brand may use the same brand on the same location on horses, mules, burros, sheep, or swine if...
- California Food and Agricultural Code Section 23281
Brands for swine may be recorded pursuant to the same provisions and procedures as are made applicable to the recording of brands for cattle in...
- California Food and Agricultural Code Section 23401
Inspection of horses, mules, and burros for shipment out of the state may be made at the request of the owner in the same manner...
- California Food and Agricultural Code Section 23404
A certificate of inspection shall not be issued unless a bill of sale or other proof of ownership is exhibited at the time of the
- California Food and Agricultural Code Section 23405
Every slaughterer of horses, mules, or burros shall have on file in his office for a period of one year after slaughter the original bill...
- California Food and Agricultural Code Section 23801
A person shall not buy, sell, or accept a horse, mule, burro, or sheep, the carcass of any such animal from which the hide or...
- California Food and Agricultural Code Section 23802
The failure of the seller or donor to give a written bill of sale or written instrument to the buyer or donee pursuant to Section...
- California Food and Agricultural Code Section 23981
A person shall not transport any sheep, unless the sheep are accompanied by a bill of lading which shows all of the following: (a) The...
- California Food and Agricultural Code Section 24000
The Legislature finds and declares the following: (a) That the public has a valuable interest in public horse shows, horse competitions, and horse sales. (b)...
- California Food and Agricultural Code Section 24001
For the purposes of this chapter: (a) "Event" means any public horse show, competition (including cutting horse competitions, endurance riding competitions, competitive trail competitions, gymkhanas,...
- California Food and Agricultural Code Section 24002
The secretary has jurisdiction of all events under this chapter and shall administer and enforce this chapter.
- California Food and Agricultural Code Section 24003
Except as otherwise prohibited by law, the full use of modern therapeutic measures for the improvement and protection of the health of the horses is
- California Food and Agricultural Code Section 24004
No horse shall be shown in any class at a public horse show, horse competition, or horse sale if it has been administered in any...
- California Food and Agricultural Code Section 24005
The trainer or owner, or both the trainer and owner, in the absence of substantial evidence to the contrary, is responsible for a horse's condition...
- California Food and Agricultural Code Section 24006
Any trainer or owner, or both the trainer and owner, event manager, or any person who administers, attempts to administer, instructs, authorizes, aids, conspires with...
- California Food and Agricultural Code Section 24007
(a) In addition to any other penalty or fine prescribed by law, a trainer or owner, or both the trainer and owner, of a horse...
- California Food and Agricultural Code Section 24008
The horses at a public horse show, competition, or horse sale are subject to examination under the direction of a licensed veterinarian of the department...
- California Food and Agricultural Code Section 24009
Whether a horse is in competition or not, refusal to submit a horse in a public horse show, competition, or sale for examination or to...
- California Food and Agricultural Code Section 24010
If the chemical analysis of blood, urine, saliva, or other samples taken from a horse indicate the presence of a prohibited substance or NSAID or...
- California Food and Agricultural Code Section 24011
A horse exhibited at an event that receives a prohibited substance or any NSAID for which a maximum detectable plasma level has been established in...
- California Food and Agricultural Code Section 24011.5
The therapeutic administration of NSAIDs is permitted prior to and during all events except public auctions, provided that the dosage or combined dosages do not...
- California Food and Agricultural Code Section 24012
(a) (1) To provide funds for enforcement of this chapter, the event manager of every event shall charge and collect the applicable fee for each...
- California Food and Agricultural Code Section 24013
(a) The secretary shall adopt those reasonable rules and regulations as are necessary to carry out this chapter. (b) The secretary shall adopt an exempt...
- California Food and Agricultural Code Section 24013.5
The secretary shall appoint an advisory committee to serve without compensation. The committee shall meet at least once a year, however, the chairperson may call...
- California Food and Agricultural Code Section 24014
It is the intent of the Legislature that each of the persons appointed to the advisory committee pursuant to Section 24013.5 represent and further the...
- California Food and Agricultural Code Section 24015
(a) Every event shall be registered with the department, unless otherwise prescribed by the secretary by regulation. The event manager of an event shall file...
- California Food and Agricultural Code Section 24016
No provision contained in this chapter shall in any way affect existing statutes governing horseracing or affect horse sales or horse auction sales when such...
- California Food and Agricultural Code Section 24017
This chapter shall not apply to any horse one year of age or less entered in any public horse sale, if public notice of the...
- California Food and Agricultural Code Section 24018
The secretary may accept on behalf of the state, donations of money from any person, association, or agency interested in the control of drugging of...
- California Food and Agricultural Code Section 24101
This chapter shall be known and may be cited as the Equine Protection Act of 1991.
- California Food and Agricultural Code Section 24102
For purposes of this chapter: (a) "Animal" means a horse, pony, mule, or burro. (b) "Program" means the program of equine protection and identification of...
- California Food and Agricultural Code Section 24103
There is in the department a program of equine protection and identification.
- California Food and Agricultural Code Section 24104
Each sheriff or other officer to whom a complaint that relates to the loss or theft of any animal is made shall, in a timely...
- California Food and Agricultural Code Section 24104.5
The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104. The bureau shall distribute the report to all county...
- California Food and Agricultural Code Section 24105
No investigator of the program or any other employee of the department, in enforcing this chapter, shall be required to conduct any investigation that involves...
- California Food and Agricultural Code Section 24106
No person shall purchase, consign, sell, or accept the donation of an animal which is destined for slaughter unless the seller or donor of the...
- California Food and Agricultural Code Section 24107
Every operator of an auction yard or dealer who handles animals destined for slaughter shall keep a written record of all sales and purchases made...
- California Food and Agricultural Code Section 24108
Any person who does not keep the written records required by this chapter or who refuses, upon demand of any investigator of the program or...
- California Food and Agricultural Code Section 24109
(a) No animal, whether branded or not, shall be shipped, transported, hauled, or delivered for slaughter, unless it is inspected by an inspector of the...
- California Food and Agricultural Code Section 24110
An inspector shall seize any animal for which a valid bill of sale containing the information designated in Section 24106 is not provided.
- California Food and Agricultural Code Section 24111
Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal seized or...
- California Food and Agricultural Code Section 24112
If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made...
- California Food and Agricultural Code Section 24113
If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded.
- California Food and Agricultural Code Section 24114
If the owner cannot be ascertained, the director shall cause a notice of the seizure of the animal to remain posted for a period of...
- California Food and Agricultural Code Section 24115
Any person that claims ownership of the animal may, at any time, but not later than 14 days after the first posting of the notice,...
- California Food and Agricultural Code Section 24116
If ownership is proved to the satisfaction of the director, the animal shall be returned to the owner upon payment by the owner of all...
- California Food and Agricultural Code Section 24117
If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be...
- California Food and Agricultural Code Section 24118
If after 14 days from the date of the first posting of notice, no satisfactory proof of ownership of the animal has been made, or...
- California Food and Agricultural Code Section 24119
The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be...
- California Food and Agricultural Code Section 24120
If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his or her ownership of...
- California Food and Agricultural Code Section 24121
If the inspector of the program determines that the person who offers the animal for inspection is in lawful possession, the inspector shall issue a...
- California Food and Agricultural Code Section 24122
The certificate of inspection shall be signed by the inspector of the program and shall indicate all of the following: (a) The place and date...
- California Food and Agricultural Code Section 24123
It is unlawful for any inspector to issue a certificate of inspection unless he or she personally makes the inspection between sunrise and sunset.
- California Food and Agricultural Code Section 24124
One copy of the certificate of inspection required by this chapter shall accompany the shipment of animals.
- California Food and Agricultural Code Section 24125
Any person who transports an animal destined for slaughter who does not have a copy of the certificate of inspection as required pursuant to this...
- California Food and Agricultural Code Section 24126
It is unlawful for any person to remove any animal and substitute another for it, or to add any other animal or transport an animal...
- California Food and Agricultural Code Section 24127
(a) Each dealer who handles animals destined for slaughter, and who ships 15 or more animals at a time for slaughter, shall pay the inspector...
- California Food and Agricultural Code Section 24128
(a) The inspector shall make a memorandum which shows the number, sex, breed, color, approximate height and weight, approximate age, natural marks and identifying scars,...
- California Food and Agricultural Code Section 24129
The department shall maintain inspection certificates for a period of five years in a manner that shall disclose the number of animals that have been
- California Food and Agricultural Code Section 24130
Any person that is engaged in the business of buying or selling animals on consignment at any public or private salesyard shall keep after each...
- California Food and Agricultural Code Section 24131
Any person subject to Section 24130 shall retain the certificate of consignment on file for a period of at least two years after the sale....
- California Food and Agricultural Code Section 24132
(a) Notwithstanding any other provision of law, a person is civilly liable for four times the value of the animal at the time of taking,...
- California Food and Agricultural Code Section 24133
Any person who transports an animal destined for slaughter out of the state under false pretenses in order to avoid an inspection under this chapter...
- California Food and Agricultural Code Section 24134
Any person who falsifies any document or record required by this chapter, or by any regulation adopted pursuant to this chapter, is liable civilly for...
- California Food and Agricultural Code Section 24501
The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.
- California Food and Agricultural Code Section 24502
The provisions of Chapters 1 (commencing with Section 24501), 2 (commencing with Section 24651), and 3 (commencing with Section 24951), of Part 1 of Division...
- California Food and Agricultural Code Section 24521
The director may make any necessary investigations relative to reported violations of this part, pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part...
- California Food and Agricultural Code Section 24541
The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 24561
Notwithstanding any provisions of law to the contrary, the director may adopt by regulation standards and requirements equal to those of the Poultry Products Inspection...
- California Food and Agricultural Code Section 24562
Regulations adopted pursuant to this article or pursuant to Section 24681 or Section 24991 shall conform, so far as practicable, to the rules, regulations and...
- California Food and Agricultural Code Section 24563
(a) If slaughtering or carcass preparation or processing of poultry meats and poultry meat products is conducted in an establishment where state inspection is maintained...
- California Food and Agricultural Code Section 24651
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 24652
"Fowl" includes chickens, turkeys, ducks, geese, and other domesticated birds.
- California Food and Agricultural Code Section 24653
"Growing poultry" means feeding and caring for poultry.
- California Food and Agricultural Code Section 24654
"Marked" means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded to show the name and address of the poultry plant where, or the...
- California Food and Agricultural Code Section 24655
"Mislabel" means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive
- California Food and Agricultural Code Section 24656
"New York dressed fowl" means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a...
- California Food and Agricultural Code Section 24657
"Poultry" means domesticated fowl and domesticated rabbit which are intended for use for human food.
- California Food and Agricultural Code Section 24658
"Poultry meat" means the carcass of poultry or any part of such carcass.
- California Food and Agricultural Code Section 24659
"Poultry plant" means any of the following: (a) Any place where poultry is slaughtered, dressed, or drawn. (b) Any place, except a retail store or...
- California Food and Agricultural Code Section 24660
"Producer" means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three...
- California Food and Agricultural Code Section 24661
"Sanitary" means free from unnecessary dirt, filth, and contamination and free from any other substance or organism which is known to be injurious to human
- California Food and Agricultural Code Section 24681
The director shall adopt regulations for carrying out this chapter.
- California Food and Agricultural Code Section 24682
No regulation which requires alterations in poultry plants or changes in equipment shall be effective until six months after the date on which the director...
- California Food and Agricultural Code Section 24683
The director shall furnish to each person that holds a license, or makes application for a license, a copy of the regulations which are adopted...
- California Food and Agricultural Code Section 24684
The director may bring an action to enjoin the violation or threatened violation of this chapter or any regulation which is adopted pursuant to it...
- California Food and Agricultural Code Section 24685
Any proceeding pursuant to Section 24684 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code...
- California Food and Agricultural Code Section 24711
This chapter does not apply to a poultry plant which is operated under the sanitary regulations of the Consumer and Marketing Service of the United...
- California Food and Agricultural Code Section 24712
This chapter does not apply to poultry meat which bears the official mark of a city, county, or state poultry plant inspection service for sanitation...
- California Food and Agricultural Code Section 24713
(a) This chapter does not apply to a poultry plant where poultry which was produced on the premises is slaughtered if the poultry meat which...
- California Food and Agricultural Code Section 24714
This chapter does not apply to a poultry plant where poultry is slaughtered, dressed, and sold upon the premises where it was produced for purposes...
- California Food and Agricultural Code Section 24741
A person shall not operate a poultry plant unless he has obtained a license pursuant to this chapter.
- California Food and Agricultural Code Section 24742
Each person shall, before operating a poultry plant, file an application with the director for a license to operate the poultry plant. The application shall...
- California Food and Agricultural Code Section 24743
The application for a license shall be accompanied by the license application fee.
- California Food and Agricultural Code Section 24744
(a) Subject to Section 24745.5, the application fee for a new, previously unlicensed poultry plant is five hundred dollars ($500) for a license for one...
- California Food and Agricultural Code Section 24745
(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. (b) The annual license renewal...
- California Food and Agricultural Code Section 24745
(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. (b) Subject to Section 24745.5,...
- California Food and Agricultural Code Section 24745.5
If a licensee has two or more licenses in effect at the same meat processing establishment, custom livestock slaughterhouse, place of business, or poultry plant,...
- California Food and Agricultural Code Section 24746
Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated.
- California Food and Agricultural Code Section 24747
Each person that holds a license for a poultry plant shall file an application for the renewal of the license on or before the date...
- California Food and Agricultural Code Section 24748
Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a penalty of 10 percent...
- California Food and Agricultural Code Section 24749
Plans and specifications for any intended construction or major reconstruction of a poultry plant shall be submitted to the director. The director shall approve or...
- California Food and Agricultural Code Section 24750
The director may, after hearing, refuse to issue a license or renew a license and may revoke or suspend any license for any violation of,...
- California Food and Agricultural Code Section 24751
Any proceedings pursuant to Section 24750 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2...
- California Food and Agricultural Code Section 24752
(a) All fees, charges, and collections collected pursuant to Sections 24744, 24745, and 24748 shall be deposited in the Department of Food and Agriculture Fund....
- California Food and Agricultural Code Section 24771
A person shall not do any of the following: (a) Operate a poultry plant which is not sanitary. (b) Operate a poultry plant in a...
- California Food and Agricultural Code Section 24772
After each day's operation, a poultry plant and its outer premises shall be promptly cleaned in the manner which is prescribed by the regulations.
- California Food and Agricultural Code Section 24801
This article does not apply to New York dressed fowl until November 1, 1967.
- California Food and Agricultural Code Section 24802
Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is...
- California Food and Agricultural Code Section 24831
It is unlawful for any person to do any of the following: (a) Violate any provision of this chapter or any regulation which is adopted...
- California Food and Agricultural Code Section 24951
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 24952
"Fowl" includes chickens, turkeys, ducks, geese, and other domesticated birds.
- California Food and Agricultural Code Section 24953
"Growing poultry" means feeding and caring for poultry.
- California Food and Agricultural Code Section 24954
"Marked" means plainly, legibly, and conspicuously labeled, tagged, stenciled, or branded pursuant to this chapter and any regulations which are adopted pursuant to it.
- California Food and Agricultural Code Section 24955
"Mislabel" means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign, or other descriptive
- California Food and Agricultural Code Section 24956
"New York dressed fowl" means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a...
- California Food and Agricultural Code Section 24957
"Poultry" means domesticated fowl or domesticated rabbit which is intended for use for human food.
- California Food and Agricultural Code Section 24958
"Poultry meat" means the carcass of poultry or any part of such carcass.
- California Food and Agricultural Code Section 24959
"Poultry meat inspector" means a person who after examination and demonstration has been issued a license by the director to inspect poultry meat for wholesomeness.
- California Food and Agricultural Code Section 24960
"Poultry plant" means any of the following: (a) Any place where poultry is slaughtered, dressed, or drawn. (b) Any place, except a retail store or...
- California Food and Agricultural Code Section 24961
"Producer" means a person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three...
- California Food and Agricultural Code Section 24962
"Regulations" means regulations which are adopted by the director to carry out the provisions of this chapter.
- California Food and Agricultural Code Section 24963
"Wholesome" means that the poultry or poultry meat is free from all of the following: (a) Physical evidence of any disease which is injurious to...
- California Food and Agricultural Code Section 24991
The director shall adopt regulations for carrying out this chapter.
- California Food and Agricultural Code Section 24992
The regulations may include standards for poultry meat food products. The standards shall conform, so far as possible, to the standards which are adopted by...
- California Food and Agricultural Code Section 24993
The director shall furnish to each person that holds a license which is issued pursuant to this chapter, or that makes an application for a...
- California Food and Agricultural Code Section 24994
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or the regulations which are adopted...
- California Food and Agricultural Code Section 24995
Any proceeding pursuant to Section 24994 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code...
- California Food and Agricultural Code Section 24996
The director may inspect, reinspect, or order the reinspection of any poultry meat or poultry meat food product which is being processed or stored in...
- California Food and Agricultural Code Section 24997
If an action of an inspector in condemning any poultry meat or poultry meat product is questioned, appeal by the licensed plant operator may be...
- California Food and Agricultural Code Section 25021
This chapter, except Section 25128, does not apply to poultry meat which has been inspected and passed for wholesomeness by the United States Department of...
- California Food and Agricultural Code Section 25022
This chapter, except Section 25128, does not apply to poultry meat which bears the official mark of a city, county, or state poultry meat inspection...
- California Food and Agricultural Code Section 25023
(a) This chapter does not apply to poultry meat which is derived from poultry which is produced upon the premises where it is slaughtered if...
- California Food and Agricultural Code Section 25024
This chapter does not apply to poultry meat which is derived from poultry which is slaughtered, dressed, and sold on the premises where it is...
- California Food and Agricultural Code Section 25051
A person shall not act as a poultry meat inspector unless he has a license which is issued pursuant to this chapter.
- California Food and Agricultural Code Section 25052
Each person before acting as a poultry meat inspector shall apply to and receive from the director a license to inspect poultry meat.
- California Food and Agricultural Code Section 25053
(a) The application fee for a license is one hundred dollars ($100). (b) This section shall remain in effect only until January 1, 2017, and...
- California Food and Agricultural Code Section 25054
Every license shall expire on the last day of the calendar year for which it is issued.
- California Food and Agricultural Code Section 25055
(a) Application for renewal of a license accompanied by a fee of one hundred dollars ($100) shall be made on or before the last day...
- California Food and Agricultural Code Section 25056
(a) Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a twenty-five dollar ($25)...
- California Food and Agricultural Code Section 25057
If a license lapses for two calendar years, it is not subject to renewal. Any application for the renewal of such license shall be considered...
- California Food and Agricultural Code Section 25058
The director shall, after the written and oral examination and demonstration which are prescribed by Section 25059, issue to any person who passes the examination...
- California Food and Agricultural Code Section 25059
The written and oral examination and demonstration which are required by Section 25058 shall show the applicant's ability to understand laws and regulations which pertain...
- California Food and Agricultural Code Section 25060
The director shall, from time to time, arrange for the conducting of schools of instruction for poultry meat inspectors.
- California Food and Agricultural Code Section 25061
The director may, after hearing, refuse to issue a license or renew a license and he may suspend or revoke any license for any violation...
- California Food and Agricultural Code Section 25062
Any proceedings under Section 25061 shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3 of Title 2 of...
- California Food and Agricultural Code Section 25063
(a) All fees, charges, and collections collected pursuant to Sections 25053, 25055, and 25056 shall be deposited in the Department of Food and Agriculture Fund....
- California Food and Agricultural Code Section 25091
A person shall not operate a poultry plant unless all the poultry meat in the poultry plant is inspected by a poultry meat inspector pursuant...
- California Food and Agricultural Code Section 25092
The poultry meat inspector shall inspect, pursuant to the regulations, and classify any poultry meat, poultry meat product, or poultry meat food product which is...
- California Food and Agricultural Code Section 25093
The poultry meat inspector shall apply or direct the application of the proper marks, as determined by regulation.
- California Food and Agricultural Code Section 25094
All poultry meat which is condemned for human food shall be disposed of pursuant to the regulations.
- California Food and Agricultural Code Section 25095
Poultry meat may be passed for further processing in a plant which is licensed pursuant to this part.
- California Food and Agricultural Code Section 25122
Poultry meat shall not be packed, repacked, cut up, recut, or sold unless each container or each carcass is marked in the manner which is...
- California Food and Agricultural Code Section 25123
A poultry meat inspector shall place or cause to be placed a mark on each carcass or container of poultry meat before the poultry meat...
- California Food and Agricultural Code Section 25124
The marks which are required by this article are in addition to those required by Section 24802 but may be in combination with such marks.
- California Food and Agricultural Code Section 25125
The director shall determine by regulation the official design of the marks which are required by this article.
- California Food and Agricultural Code Section 25126
Each poultry plant shall submit samples of the proposed method of use of the design of a mark to the director. The method shall be...
- California Food and Agricultural Code Section 25127
It is unlawful for any person to sell or mark as inspected for wholesomeness any poultry meat that has not been inspected and passed for...
- California Food and Agricultural Code Section 25128
It is unlawful for any person, other than the consumer of poultry meat, to remove from any whole carcass of poultry meat, or from any...
- California Food and Agricultural Code Section 25151
It is unlawful for any person to violate any provision of this chapter, or any regulations which are adopted by the director pursuant to this
- California Food and Agricultural Code Section 25401
Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- California Food and Agricultural Code Section 25402
"Class" means a division of poultry meat which is based on essential physical characteristics which with the weights differentiate between uses of the meat.
- California Food and Agricultural Code Section 25403
"Fowl" includes chickens, turkeys, ducks, geese, and other domesticated birds.
- California Food and Agricultural Code Section 25404
"Growing poultry" means feeding and caring for poultry.
- California Food and Agricultural Code Section 25405
"Marked" means plainly, legibly, and conspicuously labeled, stamped, tagged, stenciled, or branded, in the manner which is prescribed by regulations of the director, to show...
- California Food and Agricultural Code Section 25406
"Mislabel" means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard, sign or other descriptive
- California Food and Agricultural Code Section 25407
"New York dressed fowl" means fowl from which the feathers have been removed and the blood drawn and which is offered for sale as a...
- California Food and Agricultural Code Section 25408
"Poultry" means domesticated fowl and domesticated rabbit which is intended for use for human food.
- California Food and Agricultural Code Section 25409
"Poultry meat" means the carcass of poultry or any part of the carcass, except the giblets. It does not include live poultry or processed poultry
- California Food and Agricultural Code Section 25410
"Poultry plant" means any of the following: (a) Any place where poultry is slaughtered, dressed, or drawn. (b) Any place where poultry meat is cut...
- California Food and Agricultural Code Section 25411
"Processing" means the commercial manufacturing of products of poultry meat by any method of cooking. It also includes all of the following: (a) Cutting up...
- California Food and Agricultural Code Section 25412
"Producer" means any person that is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three...
- California Food and Agricultural Code Section 25551
The director shall adopt regulations for carrying out this part.
- California Food and Agricultural Code Section 25552
The director shall enforce this part where any poultry meat is packed, repacked, cut up, or recut.
- California Food and Agricultural Code Section 25553
The director and the commissioners of each county, under the supervision of the director, shall enforce this part where any poultry meat is offered for...
- California Food and Agricultural Code Section 25554
An enforcing officer may do all of the following: (a) Enter and inspect any place or conveyance where any poultry or poultry meat is produced,...
- California Food and Agricultural Code Section 25555
Any enforcing officer may, while enforcing this part, seize or hold as evidence all or any part of any lot of poultry meat which is...
- California Food and Agricultural Code Section 25556
Any lot of poultry meat which does not comply in all respects with the provisions of this part and the regulations which are adopted pursuant...
- California Food and Agricultural Code Section 25557
Any enforcing officer who has reason to believe that any lot of poultry meat does not comply in all respects with this part, may hold...
- California Food and Agricultural Code Section 25558
The officer may affix to any lot which is held pursuant to Section 25557 a tag or notice which warns that the lot is held...
- California Food and Agricultural Code Section 25559
The officer by whom any lot of poultry meat is held shall cause a notice of noncompliance to be served upon the person in possession...
- California Food and Agricultural Code Section 25560
If the person served is not the sole owner of the lot of poultry meat, or does not have authority as agent for the owner...
- California Food and Agricultural Code Section 25561
If the lot of poultry meat is not reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time which...
- California Food and Agricultural Code Section 25562
Any notice which is required by this chapter may be served personally or by mail addressed to the person to be served at his last...
- California Food and Agricultural Code Section 25563
The enforcing officer, with the written consent of every person that is served, may destroy the lot of poultry meat or otherwise abate the nuisance....
- California Food and Agricultural Code Section 25564
If the lot of poultry meat that is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in...
- California Food and Agricultural Code Section 25565
If the lot of poultry meat which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition...
- California Food and Agricultural Code Section 25566
The court may enter judgment ordering that the lot of poultry meat be condemned and destroyed in the manner directed by the court or relabeled,...
- California Food and Agricultural Code Section 25701
This part, except Section 26008, does not apply to poultry meat or a container of poultry meat which is marked with the official class as...
- California Food and Agricultural Code Section 25702
This part, except Section 26008, does not apply to poultry meat which is marked as to a class that is officially approved by another inspection...
- California Food and Agricultural Code Section 25703
(a) This part does not apply to poultry meat which is derived from poultry which is produced upon the premises where it is slaughtered if...
- California Food and Agricultural Code Section 25704
This part does not apply to poultry meat which is derived from poultry which is slaughtered, dressed, and sold on the premises where it is...
- California Food and Agricultural Code Section 25851
The classes of the kinds of poultry meat are as established in this chapter and any regulations which are adopted by the director pursuant to...
- California Food and Agricultural Code Section 25852
The classes of chicken meat, as determined by inspection of appearance and other physical characteristics, are as follows: (a) "Rock Cornish game hen" or "Cornish...
- California Food and Agricultural Code Section 25853
The classes of turkey meat as determined by appearance are as follows: (a) "Fryer" or "roaster" means a young, immature turkey (usually under 16 weeks...
- California Food and Agricultural Code Section 25854
The classes of rabbit meat as determined by appearance and weight are as follows: (a) "Rabbit fryer" means a young, domestic rabbit (usually under 12...
- California Food and Agricultural Code Section 25855
The following are the various classes of ducks: (a) "Duckling" means a young duck of either sex (usually under 10 weeks of age) that is...
- California Food and Agricultural Code Section 25856
The following are the various classes of geese: (a) "Young goose" means a goose of either sex which is tender meated, and has a windpipe...
- California Food and Agricultural Code Section 25857
The director may, by regulation, adopt any necessary new class designations and class specifications or modifications of existing class designations and class specifications. He shall,...
- California Food and Agricultural Code Section 26001
A person shall not pack, repack, cut up, recut, or sell poultry meat unless all carcasses and the parts of carcasses are placed in classes...
- California Food and Agricultural Code Section 26002
Except as otherwise provided in Sections 26003, 26004, 26005, and 26006, a person shall not pack, repack, cut up, recut, or sell poultry meat unless...
- California Food and Agricultural Code Section 26003
The provisions of Section 26002, except those which require that poultry, poultry meat, or carcasses be placed in classes and marked to show the class...
- California Food and Agricultural Code Section 26004
Individual carcasses of poultry meat or packages of cut-up poultry or poultry parts need not be marked with class designation in any of the following...
- California Food and Agricultural Code Section 26005
Poultry parts which are displayed for sale to consumers in bulk without being packaged or wrapped, shall be segregated as to class of poultry meat....
- California Food and Agricultural Code Section 26006
Cut-up poultry meat which consists of all of the parts of a carcass, prepared, packaged, and offered for sale shall be from only one class...
- California Food and Agricultural Code Section 26007
If a class of any kind of poultry meat contains two or more designations, any combination of the designations may appear in the class marking...
- California Food and Agricultural Code Section 26008
(a) It is unlawful for any person to sell any whole carcass of chicken poultry meat unless such carcass, or the immediate package or other...
- California Food and Agricultural Code Section 26151
It is unlawful for any person to violate any provision of this part or any regulation which is adopted pursuant to it.
- California Food and Agricultural Code Section 26401
The provisions of this part, including the payment of fees, are applicable to all state and county institutions which are engaging in livestock operations.
- California Food and Agricultural Code Section 26421
The director may make any necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part...
- California Food and Agricultural Code Section 26441
The Attorney General shall, upon complaint by the director, or may upon his own initiative if after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 26551
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 26552
"Dealer" includes any person that is operating as a poultry retailer, poultry wholesaler, butcher, slaughterer, poultry packer, poultry buyer, or poultry commission merchant.
- California Food and Agricultural Code Section 26553
"Place of business" includes any place or building in which, or at which, the business of a poultry dealer is conducted. Any group of buildings...
- California Food and Agricultural Code Section 26554
"Poultry" includes chickens, ducks, geese, turkeys, and all other fowls or birds which are used for food or production purposes.
- California Food and Agricultural Code Section 26581
This chapter only applies to the sale, purchase, or marketing of poultry in any county of this state and to the transportation of poultry in,...
- California Food and Agricultural Code Section 26601
Any person that offers poultry for shipment shall furnish a statement of ownership or right of possession of such poultry to the person, carrier, or...
- California Food and Agricultural Code Section 26602
Any person, carrier, or transportation company which receives for transportation or transports any poultry shall at all times keep a correct record which shows all...
- California Food and Agricultural Code Section 26603
All peace officers, sheriffs or deputy sheriffs, members or officers of the California Highway Patrol and traffic officers may arrest, without warrant, any person that...
- California Food and Agricultural Code Section 26604
The carrier from whom the poultry is seized pursuant to Section 26603 is not liable or responsible to the owner, shipper, or consignee for the
- California Food and Agricultural Code Section 26631
Any dealer or person that handles poultry for resale shall make and retain a record which shows all of the following: (a) The origin, ownership,...
- California Food and Agricultural Code Section 26651
It is unlawful for any person to brand, or to alter or deface the brand on, any poultry with intent to steal it or to...
- California Food and Agricultural Code Section 26652
It is unlawful for any person to have in his possession any poultry the brand on which has been altered or defaced unless he received...
- California Food and Agricultural Code Section 26661
(a) (1) No person who processes, butchers, slaughters, packs, repacks, or sells poultry or poultry meat shall advertise, hold out, distribute, or sell as "fresh"...
- California Food and Agricultural Code Section 26681
Any person that violates any provision of this chapter is guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not...
- California Food and Agricultural Code Section 26801
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 26802
"Poultry" means domesticated fowl which is intended for use for human food. It includes chickens, turkeys, ducks, geese, and other domesticated birds.
- California Food and Agricultural Code Section 26803
"Spoilage retardant compound" means any compound, drug, or antibiotic which is added to poultry meat which retards or limits spoilage. Seasonings, spices, or flavorings, such...
- California Food and Agricultural Code Section 26831
The director shall adopt regulations for carrying out this chapter.
- California Food and Agricultural Code Section 26832
The director shall enforce this chapter where any poultry meat is packed, repacked, cut up, or recut. The director and the commissioners of each county,...
- California Food and Agricultural Code Section 26861
Before being offered for either wholesale or retail sale, any whole carcass of poultry meat to which a spoilage retardant compound has been added shall...
- California Food and Agricultural Code Section 26862
No whole carcass of poultry meat shall be sold unless it is conspicuously and accurately marked in accordance with the requirements of this chapter.
- California Food and Agricultural Code Section 26981
Any person that violates any provision of this chapter or any regulation which is adopted pursuant to this chapter is guilty of a misdemeanor.
- California Food and Agricultural Code Section 26991
It is unlawful for any person to immerse or soak the carcass of any slaughtered rabbit in water for a period longer than necessary to...
- California Food and Agricultural Code Section 27001
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 27002
"Poultry" means domesticated fowl which is intended for use for human food. It includes chickens, turkeys, ducks, geese, and other domesticated birds.
- California Food and Agricultural Code Section 27003
"Poultry meat" means the carcass of poultry or any part of the carcass in the raw state. It does not include poultry meat food products.
- California Food and Agricultural Code Section 27031
The director shall enforce this chapter.
- California Food and Agricultural Code Section 27032
The director may adopt such regulations as are reasonably necessary for carrying out this chapter.
- California Food and Agricultural Code Section 27033
The regulations which are adopted by the director shall be, insofar as possible, similar to and consistent with regulations which are adopted by the United...
- California Food and Agricultural Code Section 27034
An enforcing officer may do all of the following: (a) Enter and inspect any place or conveyance where any poultry or poultry meat is produced,...
- California Food and Agricultural Code Section 27061
It is unlawful for any person to sell poultry meat which contains added moisture in excess of 4 percent by weight, or in excess of...
- California Food and Agricultural Code Section 27081
It is unlawful for any person to violate any provision of this chapter or any regulation which is adopted pursuant to it.
- California Food and Agricultural Code Section 27201
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 27202
"Poultry" means domesticated fowl that is intended for use for human food. It includes chickens, game hens, turkeys, ducks, geese, and other domesticated birds.
- California Food and Agricultural Code Section 27203
"Poultry meat" means the carcass of poultry or any part of the carcass. It does not include live poultry or manufactured products in which poultry...
- California Food and Agricultural Code Section 27231
Before being offered for retail sale in this state, poultry meat of poultry that was grown or raised in this state may be advertised, labeled,...
- California Food and Agricultural Code Section 27232
(a) Poultry meat of poultry that was not grown or raised in this state and packages of that meat shall not be advertised, labeled, described,...
- California Food and Agricultural Code Section 27501
Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
- California Food and Agricultural Code Section 27502
"Agent" includes bailee, broker, commission merchant, factor, auctioneer, solicitor, consignee, and any other person that is acting upon the express or implied authority of another.
- California Food and Agricultural Code Section 27503
"At retail" means a sale or transaction between a retailer and a consumer.
- California Food and Agricultural Code Section 27503.5
"California egg" means an egg produced in this state.
- California Food and Agricultural Code Section 27504
"Candling" means the examination of the interior of eggs by use of a transmitted light.
- California Food and Agricultural Code Section 27505
"Cold storage eggs" means eggs which have been in cold storage for a period of more than 30 days.
- California Food and Agricultural Code Section 27506
"Committee" means the Shell Egg Advisory Committee.
- California Food and Agricultural Code Section 27507
"Consumer" means any person who purchases eggs for his or her own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other institution...
- California Food and Agricultural Code Section 27508
"Container" means any box, case, basket, carton, sack, bag, or any other device which is used to facilitate the handling of eggs.
- California Food and Agricultural Code Section 27509
"Deceptive" means any arrangement of the contents of any container, or subcontainer, or of any lot, load, or display, in which the eggs in the...
- California Food and Agricultural Code Section 27510
"Egg handler" means a person engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in...
- California Food and Agricultural Code Section 27510.1
"Producer" means a person engaged in the business of producing eggs from domesticated fowl for human consumption, who is not in the business of candling,...
- California Food and Agricultural Code Section 27511
"Egg meats" means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use,...
- California Food and Agricultural Code Section 27512
"Egg products" means egg meats.
- California Food and Agricultural Code Section 27513
"Eggs" means eggs in the shell from chickens, turkeys, ducks, geese, or any other species of fowl.
- California Food and Agricultural Code Section 27514
"Incubated eggs" means eggs which have been in the course of incubation, whether natural or artificial.
- California Food and Agricultural Code Section 27515
"Incubator rejects" means incubated eggs.
- California Food and Agricultural Code Section 27516
"Marked" means plainly, legibly, and conspicuously labeled, stamped, stenciled, printed, or branded.
- California Food and Agricultural Code Section 27517
"Mislabel" means the presence of any false, deceptive, or misleading mark, term, statement, design, device, inscription, or any other designation upon any eggs or upon...
- California Food and Agricultural Code Section 27518
"Retailer" means any person who sells eggs to a consumer.
- California Food and Agricultural Code Section 27519
"Shell eggs" means eggs.
- California Food and Agricultural Code Section 27519.5
"Shipped egg" means an egg that is produced outside the State of California and shipped into the state for purposes of resale or use by...
- California Food and Agricultural Code Section 27520
"Subcontainer" means any container when being used within another container.
- California Food and Agricultural Code Section 27521
The purposes of this chapter are as follows: (a) To assure that healthful and wholesome eggs of known quality are sold in this state. (b)...
- California Food and Agricultural Code Section 27522
"Eggs that are packaged for export" means those eggs destined for conveyance to any location outside the United States or its territories.
- California Food and Agricultural Code Section 27523
"Eggs that are packaged for interstate commerce" means those eggs destined for sale outside the state.
- California Food and Agricultural Code Section 27531
The director may adopt regulations relating to the preparation for market and marketing of shell eggs as he or she determines are reasonably necessary to...
- California Food and Agricultural Code Section 27532
The regulations relating to grade standards which are adopted pursuant to subdivision (a) of Section 27531 shall be consistent with the grade standards promulgated by...
- California Food and Agricultural Code Section 27533
Regulations adopted pursuant to this chapter relating to egg shell surveillance inspection shall be consistent with any federal standards or procedures promulgated by the United...
- California Food and Agricultural Code Section 27534
The director shall adopt regulations by which eggs which do not meet the size or appearance standards generally required for marketing but which are healthy...
- California Food and Agricultural Code Section 27541
Any person engaged in business in this state as an egg producer or egg handler, or any out-of-state egg handler or egg producer selling eggs...
- California Food and Agricultural Code Section 27542
The certificate of registration shall not be transferable to any person, or be applicable to any location other than the location for which originally issued,...
- California Food and Agricultural Code Section 27551
The following persons shall pay to the secretary a maximum fee of fifteen cents ($0.15) for each 30 dozen eggs sold as provided below: (a)...
- California Food and Agricultural Code Section 27552
The fees provided in Section 27551 are maximum fees and shall be established at a lower rate by the secretary at any time the funds...
- California Food and Agricultural Code Section 27553
The secretary may, by regulation, prescribe the frequency of payment of assessments, the procedures for payment, the procedures for refunds of payment, and penalties for...
- California Food and Agricultural Code Section 27554
The moneys which are received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall...
- California Food and Agricultural Code Section 27555
The director may assess a special fee upon egg handlers who use descriptive terms on egg containers that require laboratory analysis to verify the terms....
- California Food and Agricultural Code Section 27561
(a) The director shall enforce this chapter, and the regulations adopted pursuant to this chapter. (b) The commissioners of each county, their deputies, and qualified...
- California Food and Agricultural Code Section 27562
(a) The director shall determine the necessary amount to be expended by each county and the department to achieve adequate administration and enforcement of this...
- California Food and Agricultural Code Section 27563
Within 90 days after the end of each fiscal year, the commissioner of a county shall submit, in the form prescribed by the director, a...
- California Food and Agricultural Code Section 27564
Each fiscal year the director shall prepare a statement which shows the receipt and expenditure for each county as well as those funds expended by...
- California Food and Agricultural Code Section 27565
The director may enter into an agreement with any commissioner for the enforcement of this chapter or the regulations adopted pursuant to this chapter.
- California Food and Agricultural Code Section 27566
If any commissioner does not adequately and properly enforce the provisions of this chapter, or regulations adopted pursuant to this chapter, or any agreement, as...
- California Food and Agricultural Code Section 27571
(a) The secretary shall appoint a Shell Egg Advisory Committee consisting of seven members, six of whom shall be selected by the secretary from egg...
- California Food and Agricultural Code Section 27571.1
It is hereby declared, as a matter of legislative determination, that egg handlers appointed to the Shell Egg Advisory Committee pursuant to this article are...
- California Food and Agricultural Code Section 27572
The term of office for each member, other than the member designated by the California Agricultural Commissioners and Sealers Association, of the committee shall be...
- California Food and Agricultural Code Section 27573
The committee shall be advisory to the Secretary of Food and Agriculture on all matters pertaining to standards for shell eggs. The committee may advise...
- California Food and Agricultural Code Section 27574
The committee shall meet at the call of its chairman, the director, or at the request of any three members of the committee. The committee...
- California Food and Agricultural Code Section 27581
The director may bring an action to enjoin any violation or any threatened violation of this chapter or any regulations adopted pursuant to this chapter...
- California Food and Agricultural Code Section 27581.2
In lieu of seeking prosecution of any violation of this chapter, or the regulations adopted pursuant to this chapter, as a misdemeanor pursuant to Section...
- California Food and Agricultural Code Section 27581.4
(a) The director may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any...
- California Food and Agricultural Code Section 27581.9
A legal prosecution pursuant to this chapter shall be commenced within three years of the occurrence of the violation. However, once an investigation is completed...
- California Food and Agricultural Code Section 27582
Except as provided in Section 27601, the director shall commence any civil action based on a violation of this chapter, and the regulations adopted pursuant...
- California Food and Agricultural Code Section 27591
Any enforcement officer may do any of the following: (a) Enter and inspect any place or conveyance within the county or district over which he...
- California Food and Agricultural Code Section 27592
Any enforcement officer may, while enforcing this chapter or any regulations adopted by the director pursuant to this chapter, issue a hold card for all...
- California Food and Agricultural Code Section 27593
A commissioner in each county or the director shall perform a point-of-origin inspection on the eggs in the county of their origin to ensure that...
- California Food and Agricultural Code Section 27594
(a) The director, or the commissioner under the direction and supervision of the director, shall inspect eggs at the point of destination upon the request...
- California Food and Agricultural Code Section 27595
The enforcing officer may, and, if requested by an enforcing officer of the state or county of destination, shall, affix a warning to any vehicle...
- California Food and Agricultural Code Section 27596
The warning notice, and disposal order which directs the proper disposition of eggs, and the disposal order receipt to be signed by an enforcing officer...
- California Food and Agricultural Code Section 27597
The enforcing officer at the point of destination of a load or lot shall determine that the load or lot has been delivered to the...
- California Food and Agricultural Code Section 27598
It is unlawful for any person to deliver any eggs which are subject to a disposal order to any person or destination except the person...
- California Food and Agricultural Code Section 27599
It is unlawful for any person to dispose of any eggs which are subject to a disposal order prior to the release in writing of...
- California Food and Agricultural Code Section 27600
It is unlawful for any person to use or dispose of any eggs for which a disposal order has been issued, in any manner or...
- California Food and Agricultural Code Section 27601
Upon the request of the director or an authorized representative, the district attorney of the county in which the eggs and their containers which are...
- California Food and Agricultural Code Section 27611
Any sample which is taken in accordance with the prescribed sampling procedure is prima facie evidence of the true condition of the entire lot in...
- California Food and Agricultural Code Section 27621
Any person, forwarding company, or common carrier may decline to ship or transport any eggs if it is notified by an enforcement officer that the...
- California Food and Agricultural Code Section 27631
It is unlawful for any person to violate any provision of this chapter or any regulation adopted by the director pursuant to the provisions of...
- California Food and Agricultural Code Section 27632
It is unlawful for any person to mark any eggs which were not produced in this state "Produced in California" or represent them in any...
- California Food and Agricultural Code Section 27633
It is unlawful for any person to engage in the business of an egg handler without first registering as an egg handler as provided for...
- California Food and Agricultural Code Section 27634
It is unlawful for any person to sell or use any container or subcontainer of eggs which bears a name, a trademark, or a trade...
- California Food and Agricultural Code Section 27635
It is unlawful for any person to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more...
- California Food and Agricultural Code Section 27636
It is unlawful for any person to sell as "fresh eggs," "ranch eggs," or "farm eggs," or to represent as being fresh, any eggs which...
- California Food and Agricultural Code Section 27637
It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any...
- California Food and Agricultural Code Section 27638
It is unlawful for any person to fail to comply with any lawful order of an enforcement officer, or of any court, in any proceeding...
- California Food and Agricultural Code Section 27639
It is unlawful for any person to do any of the following: (a) Refuse to submit any eggs or any container, subcontainer, lot, load, or...
- California Food and Agricultural Code Section 27640
It is unlawful for any person to move any eggs or their containers to which any warning tag, hold card, or notice has been affixed...
- California Food and Agricultural Code Section 27641
It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell eggs in the shell...
- California Food and Agricultural Code Section 27642
It shall be presumed from the fact of possession by any person engaged in the sale of eggs that such eggs are for sale for...
- California Food and Agricultural Code Section 27643
(a) It is unlawful for an egg handler, as defined in Section 27510, to hold, store, transport, or display eggs that are packed or graded...
- California Food and Agricultural Code Section 27644
(a) It is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are...
- California Food and Agricultural Code Section 27651
It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size,...
- California Food and Agricultural Code Section 27652
During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell...
- California Food and Agricultural Code Section 27661
Every egg handler shall register with the director each brand name which is intended for use by the handler on a master container of eggs,...
- California Food and Agricultural Code Section 27662
It is unlawful for a brand registrant or his authorized agent or employees to pack eggs into a master container which does not bear the...
- California Food and Agricultural Code Section 27663
Any person who, without prior authorization, acquires possession of a master container which bears a brand belonging to someone else, shall, at his or her...
- California Food and Agricultural Code Section 27664
Every person who operates a container exchange business for master containers of eggs shall obtain a license from the director.
- California Food and Agricultural Code Section 27665
The director shall issue licenses to persons engaged in the container exchange business for master containers of eggs pursuant to such regulations as the director...
- California Food and Agricultural Code Section 27666
Every licensee shall file with the director the name and address of each person or firm that has contracted to use the exchange services, and...
- California Food and Agricultural Code Section 27667
A licensee may sell containers which do not have a registered brand, and the ownership of which cannot be determined, to egg handlers. The handlers...
- California Food and Agricultural Code Section 27668
The director may suspend or revoke any license for failure to comply with the provisions of Sections 27664, 27666, or 27667 or regulations adopted by...
- California Food and Agricultural Code Section 27669
It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting eggs and containers of eggs to...
- California Food and Agricultural Code Section 27671
(a) The following persons are guilty of a misdemeanor: (1) Any person who violates Section 27632, 27638, 27639, 27640, or 27672. (2) Any person who...
- California Food and Agricultural Code Section 27672
It is unlawful for any person to fail to appear in court at the time and place designated in any written promise to appear given...
- California Food and Agricultural Code Section 27673
Unless a person who is arrested for the transportation of eggs in violation of any provision of this chapter or any regulation adopted pursuant to...
- California Food and Agricultural Code Section 27680
If the grade determination and size determination required by this chapter are performed at a location outside of this state, the records relating to eggs...
- California Food and Agricultural Code Section 27681
A registrant whose out-of-state location is inspected shall reimburse the department for actual and necessary expenses incurred during the inspection. If an out-of-state registrant fails...
- California Food and Agricultural Code Section 27682
The actual and necessary expenses of the department for each inspection of an out-of-state location may not exceed either of the following: (a) The actual...
- California Food and Agricultural Code Section 27683
The department shall attempt to schedule as many out-of-state inspections as feasible within an area on each inspection trip. If more than one registrant is...
- California Food and Agricultural Code Section 27684
The department shall perform sufficient inspections of the records of out-of-state registrants to ensure that out-of-state registrants selling eggs into California pay the appropriate fees...
- California Food and Agricultural Code Section 27685
Before receiving a registration as required by this chapter, an applicant whose home office or principal place of business is outside of this state shall...
- California Food and Agricultural Code Section 27686
All shipped eggs shall be transported under refrigeration in compliance with California statutes and regulations.
- California Food and Agricultural Code Section 27687
(a) If the department determines that eggs are not in compliance with this chapter or that they have been shipped without the handler or producer...
- California Food and Agricultural Code Section 27688
Each registrant shall submit a report as designated by the department and remit any fees due on a monthly basis. The report is due no...
- California Food and Agricultural Code Section 27688.5
Any out-of-state registrant who fails to promptly submit required reports or pay required fees is subject to the criminal penalties specified in this chapter. A...
- California Food and Agricultural Code Section 27689
The report required by Section 27688 shall give a complete breakdown of all sales of graded and ungraded eggs into California, listing the individual plant...
- California Food and Agricultural Code Section 27690
All brokers registered with California shall itemize in their reports a true and complete list of all eggs brokered into and within California. This list...
- California Food and Agricultural Code Section 29000
The Legislature hereby finds and declares that: A healthy and vibrant apiary industry is important to the economy and welfare of the people of the...
- California Food and Agricultural Code Section 29001
This chapter shall be known and may be cited as, the "Apiary Protection Act." Unless the context otherwise requires, the definitions in this article govern...
- California Food and Agricultural Code Section 29002
"Apiary" includes bees, comb, hives, appliances, or colonies, wherever they are kept, located, or found.
- California Food and Agricultural Code Section 29003
"Appliance" means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or comb, or any...
- California Food and Agricultural Code Section 29004
"Bees" means honey-producing insects of the genus Apis. It includes all life stages of these insects.
- California Food and Agricultural Code Section 29005
"Board" means the Apiary Board.
- California Food and Agricultural Code Section 29006
"Colony" means one hive and its contents, including bees, comb, and appliances.
- California Food and Agricultural Code Section 29007
"Comb" includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen, and processed
- California Food and Agricultural Code Section 29008
"Commissioner" means a county agricultural commissioner.
- California Food and Agricultural Code Section 29009
"Pest" means American foulbrood or any other infectious disease, parasite, pest, or hereditary disease that affects bees which the director by regulations declares is detrimental...
- California Food and Agricultural Code Section 29010
"Infected," "infested," "contaminated," or "diseased" means that a viable stage of a life cycle of a "pest" as defined in Section 29009 can be demonstrated...
- California Food and Agricultural Code Section 29011
"Hive" means any receptacle or container, or part of any receptacle or container, which is made or prepared for the use of bees, or which...
- California Food and Agricultural Code Section 29012
"Inspector" means any person who is authorized to enforce this chapter.
- California Food and Agricultural Code Section 29013
"Location" means any premises upon which an apiary is located.
- California Food and Agricultural Code Section 29020
There is in the department the Apiary Board, consisting of five members appointed by the director. The members of the board shall be assessment-paying beekeepers...
- California Food and Agricultural Code Section 29021
Upon the director's request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a...
- California Food and Agricultural Code Section 29022
It is hereby declared, as a matter of legislative determination, that beekeepers appointed to the board are intended to represent and further the interest of...
- California Food and Agricultural Code Section 29023
In making his or her selection of the membership of the board, the director shall take into consideration the recommendations of the beekeeping industry, including,...
- California Food and Agricultural Code Section 29024
The term of office of the members of the board is four years. Appointments shall be for full four-year terms. The director shall solicit the...
- California Food and Agricultural Code Section 29025
The director may appoint a department representative as the secretary to the board.
- California Food and Agricultural Code Section 29026
The board shall be advisory to the director on all matters related to the beekeeping industry and may make recommendations on all matters affecting the...
- California Food and Agricultural Code Section 29027
The board shall meet at the call of the director or at the request of any three members of the board. It shall meet at...
- California Food and Agricultural Code Section 29028
Each member of the board shall serve without compensation, but each member shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in...
- California Food and Agricultural Code Section 29030.5
The beekeeper, apiary owner, apiary operator, or the person in possession of an apiary, in addition to the annual assessment fee prescribed by subdivision (a)...
- California Food and Agricultural Code Section 29031
The assessment fees shall be payable to the director on July 1 of each year. The director shall send a written notice of the nonpayment...
- California Food and Agricultural Code Section 29032
(a) Any funds collected by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used...
- California Food and Agricultural Code Section 29040
Every person that is the owner or is in possession of an apiary which is located within the state, on the first day of January...
- California Food and Agricultural Code Section 29041
Notwithstanding the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), any information provided...
- California Food and Agricultural Code Section 29042
Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first...
- California Food and Agricultural Code Section 29043
Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director if there...
- California Food and Agricultural Code Section 29044
Each beekeeper, apiary owner, apiary operator, or person in possession of any apiary, shall pay, in addition to any other fees imposed under this chapter,...
- California Food and Agricultural Code Section 29045
No person shall maintain any apiary which is not registered pursuant to this article. Each registration is valid until January 1 of the following year.
- California Food and Agricultural Code Section 29046
(a) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows: (1)...
- California Food and Agricultural Code Section 29047
Any person who owns or is in possession of an apiary may bring an action to recover damages for any injury to his or her...
- California Food and Agricultural Code Section 29048
Any pesticide applicator who experiences any loss because of a beekeeper's failure to request notification of a pesticide application pursuant to Section 29070, or pursuant...
- California Food and Agricultural Code Section 29049
The owner of any apiary equipment may apply to the director for a serial number brand for use on apiary equipment which he or she...
- California Food and Agricultural Code Section 29050
Upon receipt of the application and fee, the director shall register a serial number brand to the applicant. The serial number shall include a county...
- California Food and Agricultural Code Section 29051
If a serial number brand is used on wooden equipment, it shall be burned into the wood in numbers which are at least one-half inch...
- California Food and Agricultural Code Section 29052
Serial number brands are transferrable.
- California Food and Agricultural Code Section 29053
(a) If the purchaser does not have a registered brand number, he or she may use a brand acquired by purchase if a bill of...
- California Food and Agricultural Code Section 29054
If ownership of branded equipment is transferred, the original brand shall not be defaced or obliterated. The brand, if any, of the new owner shall...
- California Food and Agricultural Code Section 29055
It is unlawful for any person to have in his or her possession any apiary equipment which is branded with any serial number brand other...
- California Food and Agricultural Code Section 29056
It is unlawful for any person to do any one of the following: (a) Use any serial number brand unless it is registered pursuant to...
- California Food and Agricultural Code Section 29070
(a) Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for...
- California Food and Agricultural Code Section 29070.5
(a) Any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is...
- California Food and Agricultural Code Section 29071
It is lawful for any person, except when prohibited by other provisions of this chapter, to do any of the following: (a) Transport any contaminated...
- California Food and Agricultural Code Section 29072
No person shall move or transport any bees, comb, appliances, or colonies within the state which are diseased, except for abatement pursuant to this chapter...
- California Food and Agricultural Code Section 29073
The inspector, in a summary manner, may destroy where required, any and all diseased colonies, bees, combs, or hives which are unlawfully moved within the...
- California Food and Agricultural Code Section 29074
The director by written permit, subject to conditions the director may determine are necessary to protect the beekeeping industry of this state, may authorize federal...
- California Food and Agricultural Code Section 29080
As used in this article and in Article 7 (commencing with Section 29100) "director" means the Director of Pesticide Regulation.
- California Food and Agricultural Code Section 29080.5
The director may, after notice and hearing, establish regions for the notification of apiary owners relative to pesticide applications if the director determines that the...
- California Food and Agricultural Code Section 29081
Upon the establishment of a notification region, the director shall designate one of the commissioners within the region as the coordinator for the region. The...
- California Food and Agricultural Code Section 29082
The coordinator may receive money from any source and shall deposit the funds in the Department of Pesticide Regulation Fund, or with the approval of...
- California Food and Agricultural Code Section 29100
(a) The Legislature hereby finds and declares that bees perform a valuable service to agriculture in this state. (b) The Legislature further finds and declares...
- California Food and Agricultural Code Section 29101
(a) Each beekeeper shall report to the commissioner of the county in which his or her apiary is located on a form approved by the...
- California Food and Agricultural Code Section 29102
(a) The director shall adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of pesticides toxic...
- California Food and Agricultural Code Section 29103
Failure of a beekeeper to remove hives from a specific location, except during specific periods of time, as provided in subdivision (c) of Section 29102...
- California Food and Agricultural Code Section 29110
The director may adopt by regulation and establish, maintain, and enforce a quarantine at the boundaries of, or within, the state, to protect the bee...
- California Food and Agricultural Code Section 29111
If any quarantine is established pursuant to this article, no person shall move any bees, comb, hive, or appliance, across the lines established by the...
- California Food and Agricultural Code Section 29112
If an inspector finds any pest or disease which is known to be contagious in any apiary, the inspector may hold the apiary and may...
- California Food and Agricultural Code Section 29113
If notice that an apiary is being held has been given pursuant to Section 29112, no person shall move the apiary, or any part of...
- California Food and Agricultural Code Section 29114
Upon request of the owner of any apiary which is held pursuant to an order by an inspector, the inspector shall release the hold order...
- California Food and Agricultural Code Section 29120
Except as otherwise provided in Section 29121, no person shall import or transport into the state any comb, bees on comb, queen bees, package bees,...
- California Food and Agricultural Code Section 29121
(a) A person may import or transport any of the following into the state without complying with the requirements prescribed by Section 29120: (1) Packaged...
- California Food and Agricultural Code Section 29122
Except as provided in Section 29123, the certificate required by Section 29120 shall be signed by the State Entomologist, State Apiary Inspector, or comparable officer...
- California Food and Agricultural Code Section 29123
In lieu of the requirements of Section 29122, the certificate required by Section 29120 may be a California certificate of inspection issued pursuant to Sections...
- California Food and Agricultural Code Section 29124
Any shipment of bees on comb, used hives, or used appliances arriving in this state which is not accompanied by, where required by Section 29120,...
- California Food and Agricultural Code Section 29125
The certificates required by Section 29120 are valid only during the inspection season in which they were issued, except that a certificate that covers a...
- California Food and Agricultural Code Section 29126
(a) If any bees, comb, hives, or appliances entering California are found to be diseased at the time of inspection in this state within 30...
- California Food and Agricultural Code Section 29127
Any American foulbrood disease or other disease found pursuant to subdivision (a) of Section 29126 shall be abated pursuant to Article 14 (commencing with Section...
- California Food and Agricultural Code Section 29128
After the American foulbrood disease or other disease has been abated, the inspector may release the hold order, if the release can be made without...
- California Food and Agricultural Code Section 29140
As used in this article, "certificate" means the certification by a commissioner, or an inspector of the condition of any apiary which is to be...
- California Food and Agricultural Code Section 29141
The board of supervisors of any county may estalish a schedule of fees for certificates for bees on comb to be paid by persons that...
- California Food and Agricultural Code Section 29142
No fee shall be charged for certification required by any law, regulation, or requirement of the United States.
- California Food and Agricultural Code Section 29143
The schedule of fees for the certificates shall be based upon the estimated cost of the inspection.
- California Food and Agricultural Code Section 29144
A commissioner shall make reasonable inspection as may be necessary to determine the facts which are required by the state or country of intended destination...
- California Food and Agricultural Code Section 29145
It is unlawful for any person to alter, deface, or misuse any certificate issued pursuant to this article.
- California Food and Agricultural Code Section 29150
No person shall remove, salvage, or attempt to salvage, any bees, comb, honey, royal jelly, pollen, beeswax, or frames from any diseased colony, including American...
- California Food and Agricultural Code Section 29151
All wax salvage operations with respect to diseased colonies shall be performed in an enclosure which is constructed in accordance with specifications, and in the...
- California Food and Agricultural Code Section 29152
The director shall prepare and furnish to interested parties upon request, uniform specifications for the construction of wax salvage plants, and adopt regulations for the...
- California Food and Agricultural Code Section 29153
Any person that desires to maintain and operate a plant for the salvaging of wax, hives, and appliances from diseased apiaries shall apply to the...
- California Food and Agricultural Code Section 29154
The director shall make such investigations as the director determines are necessary and shall issue the license without fee if the director is satisfied that...
- California Food and Agricultural Code Section 29155
A license is good for the calendar year within which it is issued and shall expire on December 31, of that year, unless it is...
- California Food and Agricultural Code Section 29156
Any license which is issued pursuant to this article may be revoked or suspended, or a license renewal may be refused by the director, after...
- California Food and Agricultural Code Section 29157
To the greatest extent possible, the proceedings for all hearings under this article shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of...
- California Food and Agricultural Code Section 29170
No person shall maintain or operate a diseased colony of bees, except pursuant to Section 29074.
- California Food and Agricultural Code Section 29171
No person shall conceal or attempt to conceal the fact that disease exists within an apiary.
- California Food and Agricultural Code Section 29172
No person shall sell any diseased bees, comb, hive, appliance, or colony.
- California Food and Agricultural Code Section 29173
No person shall abandon any diseased apiary.
- California Food and Agricultural Code Section 29174
No person shall expose to bees any comb or honey from a diseased colony of bees, except pursuant to Section 29074.
- California Food and Agricultural Code Section 29175
No person shall extract or render any honey, pollen, or wax from comb except in a building or enclosure which is so constructed as to...
- California Food and Agricultural Code Section 29176
No person shall possess any comb which is not occupied by a live bee colony unless the comb is tightly enclosed to prevent access to...
- California Food and Agricultural Code Section 29177
Any hive or appliance which contains any comb that is not occupied by a live bee colony and that is accessible to bees constitutes a...
- California Food and Agricultural Code Section 29178
No person shall make honey available to bees by means of open air feeding.
- California Food and Agricultural Code Section 29179
All beekeepers shall provide movable frames in the brood area of all hives which they use to contain bees, and shall make provisions so the...
- California Food and Agricultural Code Section 29180
The inspector shall order the owner or person in charge of any bees which are kept in a box or other unmovable or stationary comb...
- California Food and Agricultural Code Section 29181
No person shall place, in any combless package of bees or queen bees offered for sale or shipment, any food which contains honey.
- California Food and Agricultural Code Section 29190
The director may establish a system for certifying colony strength for bees used in the pollination of agricultural crops.
- California Food and Agricultural Code Section 29191
The colony strength of a bee colony shall be certified after inspection on the basis of the number of active frames of bees or the...
- California Food and Agricultural Code Section 29192
The inspection and certification of colony strength of bees may be made by department employees, the commissioner or persons authorized by the commissioner, or persons...
- California Food and Agricultural Code Section 29193
Inspection and certification shall be made at the request of the beekeeper or agricultural producer involved. The party requesting the inspection and certification shall pay...
- California Food and Agricultural Code Section 29194
The director may by regulation establish reasonable fees to cover the cost of inspection and certification performed by department employees and persons appointed by the...
- California Food and Agricultural Code Section 29195
The board of supervisors of the county may establish reasonable fees to cover the cost of inspection and certification performed by the commissioner.
- California Food and Agricultural Code Section 29200
The Legislature finds that in order to ensure the vitality of the apiary industry, to protect the welfare of the people of the State of...
- California Food and Agricultural Code Section 29201
(a) The director, or the commissioner, or any inspector acting under their direction, may enter if he or she determines it to be necessary, any...
- California Food and Agricultural Code Section 29202
If, in the course of an inspection authorized by Section 29201, the inspector finds or has reason to suspect that there are pests in the...
- California Food and Agricultural Code Section 29203
If infestation is found in an apiary, the inspector shall notify the owner or person in charge or possession of the apiary in writing. The...
- California Food and Agricultural Code Section 29204
Every infested apiary is a public nuisance. The owner or person in charge or possession of any apiary, upon finding an infestation to be present,...
- California Food and Agricultural Code Section 29205
The notice may be served upon the person that has possession or that owns the infested apiary, personally or by certified mail to his or...
- California Food and Agricultural Code Section 29206
If the infestation found in an apiary is American foulbrood, the time specified in the notice shall not be less than 24 hours nor more...
- California Food and Agricultural Code Section 29207
If American foulbrood is found in an apiary, the abatement shall be by killing the bees in the infested colonies and disposing of the hives...
- California Food and Agricultural Code Section 29208
(a) If abatement is by burning, the person abating shall act in accordance with applicable air pollution control district or air quality maintenance district regulations...
- California Food and Agricultural Code Section 29209
If the owner or person in charge or possession of an apiary in which an infestation is found to exist cannot be located after diligent...
- California Food and Agricultural Code Section 29210
If an abatement notice as required by this article has been served upon the owner or bailee of an apiary, the owner or bailee, before...
- California Food and Agricultural Code Section 29211
In those instances when the inspector has sealed the infested hive after making a field determination, if a beekeeper appeals the inspector's field determination, the...
- California Food and Agricultural Code Section 29212
The specimen shall be subjected to a laboratory diagnosis by the director, or at his or her direction. The written determination which sets forth the...
- California Food and Agricultural Code Section 29213
The disease which is named by the director in a written response to the appeal may be abated pursuant to this chapter. Pending the determination...
- California Food and Agricultural Code Section 29300
The director, and the commissioner of each county under the direction and supervision of the director shall enforce this chapter.
- California Food and Agricultural Code Section 29301
The director may make any regulations that are reasonable and necessary to carry out this chapter.
- California Food and Agricultural Code Section 29302
Unless otherwise stated, it shall be an infraction for any person to fail to comply with any requirement of this chapter, or regulations adopted thereto...
- California Food and Agricultural Code Section 29303
It shall be an infraction for any person to fail to comply with any notice or order which is issued pursuant to this chapter subject...
- California Food and Agricultural Code Section 29304
(a) In addition to the penalties outlined in Sections 29302 and 29303 above, any person not complying with any provision of this chapter or regulation...
- California Food and Agricultural Code Section 29305
(a) Any penalties recovered under this chapter, whether criminal or civil, shall be paid into a special account maintained by the department, and shall be...
- California Food and Agricultural Code Section 29306
In addition to any other penalty provided for by law, and by this article, any person who willfully or intentionally violates any provisions of this...
- California Food and Agricultural Code Section 29307
Any person who violates any injunctive order issued pursuant to subdivision (b) of Section 29304 shall be subject to a civil penalty, in addition to...
- California Food and Agricultural Code Section 29308
The director shall appoint a supervisor of apiary inspection and such qualified state apiary inspectors as may be necessary.
- California Food and Agricultural Code Section 29309
Each commissioner is an ex officio state apiary inspector and may appoint one or more inspectors, qualified pursuant to the regulations of the director, to...
- California Food and Agricultural Code Section 29310
The director may assign one or more qualified state apiary inspectors to perform the duties of a county apiary inspector in any county for such...
- California Food and Agricultural Code Section 29311
The penalties prescribed by this chapter are exclusive and no other civil penalties may be assessed.
- California Food and Agricultural Code Section 29320
The secretary, in cooperation with the Regents of the University of California, may approve programs statewide to train, on a voluntary basis, beekeepers in the...
- California Food and Agricultural Code Section 29321
(a) Any hive or comparable apparatus that is not occupied by a live bee colony, and that is accessible to bees, is a public nuisance....
- California Food and Agricultural Code Section 29401
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 29402
"Adulterated honey" means any honey to which has been added honeydew, glucose, dextrose, molasses, sugar, sugar sirup, invert sugar, or any other similar product except...
- California Food and Agricultural Code Section 29403
"Agent" includes broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied authority of another.
- California Food and Agricultural Code Section 29404
"Clean and sound containers" means containers which are virtually free from rust, stains, or leaks.
- California Food and Agricultural Code Section 29405
"Comb honey" means honey which is in the comb.
- California Food and Agricultural Code Section 29406
"Container" means any box, crate, chest, carton, barrel, keg, or other receptacle which contains honey.
- California Food and Agricultural Code Section 29407
"Crystallized honey" means honey which has assumed a solid form due to the crystallization of one or more of the natural sugars in it.
- California Food and Agricultural Code Section 29408
"Deceptive arrangement" or "deceptive display" means any lot, load, arrangement, or display of honey which has in any exposed surface, honey which is so superior...
- California Food and Agricultural Code Section 29409
"Deceptive pack" means any container or subcontainer of honey which has, in any exposed surface, honey or honeycomb, so superior in quality, appearance, condition, or...
- California Food and Agricultural Code Section 29409.5
"Domestic honey" means comb or extracted honey produced within one of the states of the United States.
- California Food and Agricultural Code Section 29410
"Extracted honey" means honey which has been removed from the comb.
- California Food and Agricultural Code Section 29412
"Foreign material" means wax particles, insects, or other materials which were not deposited by bees. It does not, however, include decorative artificial leaves or blossoms.
- California Food and Agricultural Code Section 29413
(a) "Honey" means the natural sweet substance produced by honeybees from the nectar of plants or from secretions of living parts of plants or excretions...
- California Food and Agricultural Code Section 29414
"Honeybees" means honey-producing insects of the genus Apis mellifica.
- California Food and Agricultural Code Section 29415
"Honeydew" means the dextrorotatory saccharine exudation of plants or insects, except nectareous exudations, which is gathered and stored in the comb by honeybees.
- California Food and Agricultural Code Section 29415.5
"Imported honey" means comb or extracted honey imported from any territory or foreign county or honey which is repackaged into subcontainers as a blend with...
- California Food and Agricultural Code Section 29416
"Mislabeled" means the placing or presence of any false or misleading statement, design, or device upon, or in connection with, any container or lot of...
- California Food and Agricultural Code Section 29417
"Pack," or "packing" or "packed," means the arrangement of all or a part of the subcontainers in any container.
- California Food and Agricultural Code Section 29418
"Placard" means any sign, label, or designation, except an oral designation, which is used in connection with any honey as a description or identification of
- California Food and Agricultural Code Section 29419
"Section box" means the wood or other frame in which bees have built a small comb of honey.
- California Food and Agricultural Code Section 29420
"Slack-filled" means that the contents of any container occupy less than 85 percent of the volume of the closed container.
- California Food and Agricultural Code Section 29421
"Subcontainer" means any section box or other receptacle which is used within a container.
- California Food and Agricultural Code Section 29441
The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director shall enforce...
- California Food and Agricultural Code Section 29442
The refusal of any officer who is authorized pursuant to this chapter to carry out the orders and directions of the director in the enforcement...
- California Food and Agricultural Code Section 29443
The director may do all of the following: (a) Prescribe by regulation methods of selecting samples of lots or containers of honey, which shall be...
- California Food and Agricultural Code Section 29444
Any sample which is taken pursuant to this chapter is prima facie evidence of the true condition of the entire lot in the examination of...
- California Food and Agricultural Code Section 29445
An enforcing officer may do all of the following: (a) Enter and inspect any place or conveyance within the county or district over which he...
- California Food and Agricultural Code Section 29446
An enforcing officer shall cause the prosecution of any person whom he knows or has reason to believe is guilty of violating any provision of...
- California Food and Agricultural Code Section 29447
Any enforcement officer may, while enforcing this chapter, seize and hold as evidence all or any part of any pack, load, bulk lot, consignment, or...
- California Food and Agricultural Code Section 29448
If any markings are used or required to be used by this chapter on any container of honey to identify the container or describe its...
- California Food and Agricultural Code Section 29449
Any person, forwarding company, or common carrier may decline to ship or transport any honey if notified by any enforcing officer of this chapter, that...
- California Food and Agricultural Code Section 29450
Any person, forwarding company, or common carrier may reserve the right, in any receipt, bill of lading or other writing which is given to the...
- California Food and Agricultural Code Section 29451
Honey may not be labeled honey or words of similar import or represented to be honey unless manufactured by bees. No product may be labeled...
- California Food and Agricultural Code Section 29471
If the requirements prescribed by this article are satisfied, all of the following ungraded honey is exempt from the remaining provisions of this chapter: (a)...
- California Food and Agricultural Code Section 29472
The containers of the ungraded honey shall not bear any false or misleading statements or be deceptively packed
- California Food and Agricultural Code Section 29473
The owner or person in possession of the ungraded honey shall, on demand of any enforcing officer under this chapter, give to the officer a...
- California Food and Agricultural Code Section 29474
A person who makes a sworn statement pursuant to Section 29473 shall, within a reasonable time after the demand and receipt by the officer of...
- California Food and Agricultural Code Section 29501
The standard units of net weight of honey in containers are as established by this article.
- California Food and Agricultural Code Section 29502
Containers which hold the following units of weight of honey are standard containers: 60 pounds 2 pounds 12 pounds 1 1/2 pounds 10 pounds 1...
- California Food and Agricultural Code Section 29503
When honey is prepared for, and is shipped directly to, any foreign country, the containers of honey shall not be required to meet the unit...
- California Food and Agricultural Code Section 29504
The director may promulgate regulations to permit the preparation, packing, shipment, or sale of honey in an experimental type of container which does not conform...
- California Food and Agricultural Code Section 29531
The classes as to color comprising the California standards shall conform to the United States color standards, using the readings on the Pfund honey scale.
- California Food and Agricultural Code Section 29551
As used in this article, "emergency standard" means any emergency standard for honey, standard units of weight, type of container, color classifications, or markings required...
- California Food and Agricultural Code Section 29552
The director, upon petition of persons that are interested in the production or handling of honey, or upon his own motion, may establish emergency standards...
- California Food and Agricultural Code Section 29553
Emergency standards shall apply in lieu of the standards for honey, standard units of net weight, type of container, color classifications, or markings required upon...
- California Food and Agricultural Code Section 29554
Every emergency standard which is established pursuant to this article shall be reasonably calculated to effectuate the purposes of the standard which it supersedes. No...
- California Food and Agricultural Code Section 29555
No emergency standard shall be construed to modify in any respect any provision of this chapter which is designed to prevent deception or mislabeling, or...
- California Food and Agricultural Code Section 29556
Every emergency standard which is issued pursuant to this article, before it may become effective, shall be published in one or more newspapers, trade papers,...
- California Food and Agricultural Code Section 29557
The hearing shall be not less than 10 nor more than 20 days from the date of publication.
- California Food and Agricultural Code Section 29558
Notice of hearing shall be mailed not less than 10 days prior to the date of the hearing to all persons that have filed with...
- California Food and Agricultural Code Section 29559
At the hearing, interested parties shall be heard and a record kept of the proceedings for determination by the director of the facts which are...
- California Food and Agricultural Code Section 29560
The director, upon his findings on the facts shown at the hearing, shall rescind, modify, or affirm the emergency standard as published. The action of...
- California Food and Agricultural Code Section 29561
Any emergency standard may be amended, suspended, or rescinded upon notice and hearing pursuant to the same procedure as is provided for the establishment of...
- California Food and Agricultural Code Section 29581
All comb honey shall be conspicuously marked, either on the section or on its individual container, with all of the following: (a) The name and...
- California Food and Agricultural Code Section 29582
All comb honey shall meet the requirements of the color classification and grades as defined in United States grades, color standards, and packing requirements for...
- California Food and Agricultural Code Section 29583
Any container of comb honey which is marked as to color shall be considered as properly marked if the color of the honey in the...
- California Food and Agricultural Code Section 29584
Opaque containers of bulk or chunk comb honey shall be marked with the color the honey would be if extracted, unless it is in the...
- California Food and Agricultural Code Section 29585
If comb honey is in crystallized form, a sample of the honey shall be liquefied and the honey graded on the liquid basis.
- California Food and Agricultural Code Section 29586
In order to allow for variations which are incident to proper grading and handling, not more than 5 percent, by count, of the containers or...
- California Food and Agricultural Code Section 29587
Comb honey which has crystallized shall be conspicuously marked with the word "crystallized" on a placard which is used in connection with such honey that...
- California Food and Agricultural Code Section 29611
Every container or subcontainer of extracted honey shall be conspicuously marked with all of the following: (a) The name and address of the producer or...
- California Food and Agricultural Code Section 29612
All extracted honey shall meet the requirements of the color classifications and grades as defined in United States grades, color standards, and packing requirements for...
- California Food and Agricultural Code Section 29613
Any container of extracted honey which is marked as to color shall be considered as properly marked if the color of the honey in the...
- California Food and Agricultural Code Section 29614
If extracted honey is in crystallized form, a sample of the honey shall be liquefied and the honey graded on the liquid basis.
- California Food and Agricultural Code Section 29615
All extracted honey regardless of grade term as marked, shall be free from serious damage and at least as free from excessive foreign material as...
- California Food and Agricultural Code Section 29616
In order to allow for variations which are incident to proper grading and handling, not more than 5 percent, by count, of the containers or...
- California Food and Agricultural Code Section 29617
If the color of extracted honey is designated on the container or subcontainer, or upon a placard which has reference to such honey, it shall...
- California Food and Agricultural Code Section 29618
Any honey which is a blend of two or more floral types of honey shall not be labeled as honey from any one particular floral...
- California Food and Agricultural Code Section 29619
Any slack-filled container shall be conspicuously marked "slack-filled."
- California Food and Agricultural Code Section 29620
Extracted honey in containers which hold five ounces or more, shall be packed in standard containers and sold in the exact units of weight as...
- California Food and Agricultural Code Section 29641
Any container or subcontainer of extracted honey which is produced entirely within this state may be conspicuously marked with the name "California."
- California Food and Agricultural Code Section 29642
A container or subcontainer of comb or extracted honey shall not be marked or labeled with the name "California" unless the honey in the container...
- California Food and Agricultural Code Section 29643
Every container and subcontainer of imported honey shall be labeled with the name of the territory or foreign country from which it is imported or,...
- California Food and Agricultural Code Section 29644
If the floral flavor of comb or extracted honey is stated on the container the honey contained in the container or subcontainer shall be true...
- California Food and Agricultural Code Section 29671
It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell any honey, adulterated honey...
- California Food and Agricultural Code Section 29672
It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell a deceptive pack, lot, load, arrangement, or...
- California Food and Agricultural Code Section 29673
It is unlawful for any person to mislabel any container or subcontainer of honey or place any false or misleading statement on any wrapper, label,...
- California Food and Agricultural Code Section 29674
It is unlawful for any person to place or pack any honey in any container or subcontainer which bears any markings, or any designation of...
- California Food and Agricultural Code Section 29675
(a) It is unlawful for any person to move any honey, or any container of honey, to which any warning tag or notice has been...
- California Food and Agricultural Code Section 29676
(a) It is unlawful for any person to do either of the following: (1) Refuse to submit any container, subcontainer, load, or display of honey...
- California Food and Agricultural Code Section 29677
It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell, any of the following: (a) Adulterated honey,...
- California Food and Agricultural Code Section 29701
(a) Unless otherwise specified, a violation of this chapter is an infraction punishable by a fine of not more than five hundred dollars ($500). (b)...
- California Food and Agricultural Code Section 29702
Any prosecution for the violation of any provision of this chapter may be made in any county where any part of the offense occurred.
- California Food and Agricultural Code Section 29703
Any evidence which is taken by any enforcing officer in any county may be admitted in evidence in any prosecution in any other county.
- California Food and Agricultural Code Section 29731
Any honey which is packed, stored, delivered for shipment, loaded, shipped, or being transported or sold in violation of any provision of this chapter, together...
- California Food and Agricultural Code Section 29732
The enforcement officer may affix a warning tag or notice to the honey and its containers which are a public nuisance.
- California Food and Agricultural Code Section 29733
If a packer or owner of honey, or the agent of either, after notification to the packer, owner, or agent that the honey and its...
- California Food and Agricultural Code Section 29734
If an agent is found in possession of any honey which is a public nuisance, notice of rejection or any order of the court concerning...
- California Food and Agricultural Code Section 29735
It is unlawful for any person to fail to comply with the directions of any officer relating to the disposition of any honey which is...
- California Food and Agricultural Code Section 29810
(a) The Legislature finds and declares all of the following: (1) The California citrus industry is in the process of adapting to a more competitive...
- California Food and Agricultural Code Section 29811
(a) Not later than 15 days after enactment of this chapter, the secretary shall designate a Seedless Mandarin and Honeybee Coexistence Working Group from recommendations...
- California Food and Agricultural Code Section 29812
The secretary shall give the Seedless Mandarin and Honeybee Coexistence Working Group reasonable time to develop best management practices described in Section 29810. (a) If...
- California Food and Agricultural Code Section 30501
(a) The board of supervisors of any county or the governing body of any city may adopt Sections 30801, 30802, 30803, 30804, 30805, 30952, 31105,...
- California Food and Agricultural Code Section 30502
Any dog license tag which is issued by any city and county or city constitutes compliance with this division if it is issued pursuant to...
- California Food and Agricultural Code Section 30503
(a) (1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter,...
- California Food and Agricultural Code Section 30504
For purposes of this division, each member of a litter of puppies, weaned or unweaned, shall be treated as an individual animal.
- California Food and Agricultural Code Section 30520
(a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities...
- California Food and Agricultural Code Section 30521
(a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring...
- California Food and Agricultural Code Section 30522
(a) (1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient...
- California Food and Agricultural Code Section 30523
(a) (1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on...
- California Food and Agricultural Code Section 30524
Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter,...
- California Food and Agricultural Code Section 30525
Whenever a dog license tag is issued pursuant to this division, the tag shall be issued for one-half or less of the fee required for...
- California Food and Agricultural Code Section 30651
As used in this chapter, "livestock" includes domestic fowls and rabbits.
- California Food and Agricultural Code Section 30652
All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or...
- California Food and Agricultural Code Section 30653
Each such claim for damages is governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940), Division 3.6, Title 1...
- California Food and Agricultural Code Section 30654
The affidavits shall fix the value of the livestock and establish the fact beyond reasonable doubt that the animal was killed by a dog.
- California Food and Agricultural Code Section 30655
If a claim is allowed, it shall be paid from the fund which is provided for in this chapter in the same manner as other...
- California Food and Agricultural Code Section 30656
(a) Any county, city, or city and county may, by ordinance, elect to utilize the provisions of this section in lieu of Sections 30653 and...
- California Food and Agricultural Code Section 30801
(a) A board of supervisors may provide for the issuance of serially numbered metallic dog licenses pursuant to this section. The dog licenses shall be...
- California Food and Agricultural Code Section 30802
Each application for a dog license tag shall state the age, sex, color, and breed of the dog for which the license is desired and...
- California Food and Agricultural Code Section 30803
(a) The animal control department shall endorse upon the application for a dog license tag the number of the license tag issued. (b) All applications...
- California Food and Agricultural Code Section 30804
The fee for the issuance of the dog license tag is fifty cents ($0.50). The board of supervisors may, however, increase the fee.
- California Food and Agricultural Code Section 30804.5
Whenever dog license tags are issued pursuant to this division, any such tag shall be issued for one-half or less of the fee required for...
- California Food and Agricultural Code Section 30804.7
(a) The owner of a nonspayed or unneutered dog that is impounded once by a city or county animal control agency or shelter, society for...
- California Food and Agricultural Code Section 30805
The board of supervisors shall fix the compensation of the animal control department for issuing dog license tags.
- California Food and Agricultural Code Section 30807
Any licensed kennel may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each dog within the kennel.
- California Food and Agricultural Code Section 30850
(a) The animal control department shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued. As used...
- California Food and Agricultural Code Section 30851
The owners of assistance dogs shall comply with all state and local ordinances regarding health and licensure requirements for dogs.
- California Food and Agricultural Code Section 30852
(a) The tag identifying a dog as an assistance dog shall be used only by a person with a disability or a trainer of an...
- California Food and Agricultural Code Section 30853
Nothing in this chapter shall be construed to limit the access of any person in violation of the Americans with Disabilities Act of 1990 (Public...
- California Food and Agricultural Code Section 30854
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid or to be in conflict with...
- California Food and Agricultural Code Section 30951
It is unlawful for any person to own, harbor, or keep any dog over the age of four months, or to permit such a dog...
- California Food and Agricultural Code Section 30952
It is unlawful for any person to attach a license tag to the collar of any dog except the dog which is described in the...
- California Food and Agricultural Code Section 30953
Except as otherwise provided in this division, it is unlawful for any person to kill, injure, or impound any dog, if the owner of the...
- California Food and Agricultural Code Section 30954
It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him, to run at large at any...
- California Food and Agricultural Code Section 30955
It is unlawful for any person to permit any dog which is owned, harbored, or controlled by him to run at large on any farm...
- California Food and Agricultural Code Section 30956
In an action for violation of Section 30955, the court may stay imposition of a sentence and order the defendant to compensate the owner of...
- California Food and Agricultural Code Section 31101
Any dog which is found running at large without the identification tag or dog license tag which is required pursuant to Section 30951 may be...
- California Food and Agricultural Code Section 31102
Except in an area in which the provisions of Article 2 (commencing with Section 31151) of this chapter apply or as otherwise provided in Section...
- California Food and Agricultural Code Section 31103
Except in an area in which the provisions of Article 2 (commencing with Section 31151) of this chapter apply or as otherwise provided in Section...
- California Food and Agricultural Code Section 31104
The provisions of Sections 31102 and 31103 shall not apply to any dog which is inside the corporate limits of any city, or city and...
- California Food and Agricultural Code Section 31105
The board of supervisors shall provide for both of the following: (a) The taking up and impounding of all dogs which are found running at...
- California Food and Agricultural Code Section 31106
The board of supervisors may appoint proper persons to take up, impound, and kill dogs pursuant to this division or it may enter into a...
- California Food and Agricultural Code Section 31107
No dog which is impounded pursuant to this division shall be killed or otherwise disposed of without notice to the owner, if he is known.
- California Food and Agricultural Code Section 31108
(a) The required holding period for a stray dog impounded pursuant to this division shall be six business days, not including the day of impoundment,...
- California Food and Agricultural Code Section 31108.5
(a) (1) Upon relinquishment of a dog to a public or private shelter, the owner of that dog shall present sufficient identification to establish his...
- California Food and Agricultural Code Section 31109
Any dog which is found straying on any farm where livestock are kept, which has attached to its collar the identification tag or dog license...
- California Food and Agricultural Code Section 31151
The provisions of Sections 31102 and 31103 shall not apply in any area of a county in which the board of supervisors has provided, by...
- California Food and Agricultural Code Section 31152
Any person may kill any dog in any area of a county in which the provisions of this article apply in any of the following...
- California Food and Agricultural Code Section 31153
Any dog entering any enclosed or unenclosed property upon which livestock or poultry are confined may be seized by the owner or tenant of the...
- California Food and Agricultural Code Section 31251
The board of supervisors of each county shall fix the fee for impounding any dog and the amount which is to be paid for keeping...
- California Food and Agricultural Code Section 31252
If the impounding of a dog is done by an appointee of the board of supervisors or by a humane society or other organization or...
- California Food and Agricultural Code Section 31253
If a dog which has been impounded is claimed by the owner, the fee for impounding and keeping the dog, as fixed by the board...
- California Food and Agricultural Code Section 31254
The refusal or failure of the owner of any such dog to pay the fee and charges after due notification shall be held to be...
- California Food and Agricultural Code Section 31255
(a) An animal control officer of any county, if so authorized by the board of supervisors of the county, or an animal control officer of...
- California Food and Agricultural Code Section 31401
Except as provided in Section 31402, violation of any provision of this division is an infraction punishable by a fine of not more than fifty...
- California Food and Agricultural Code Section 31402
Violation of any provision of this division that results in death or serious injury to livestock or poultry is a misdemeanor punishable by a fine...
- California Food and Agricultural Code Section 31501
The owner of any livestock or poultry which is injured or killed by any dog may recover as liquidated damages from the owner of the...
- California Food and Agricultural Code Section 31502
If two or more dogs kept by two or more owners or keepers injure or kill any livestock or poultry at the same time, the...
- California Food and Agricultural Code Section 31503
If any person sustains any loss or damage to any livestock or poultry which is caused by a dog, or if any livestock of any...
- California Food and Agricultural Code Section 31504
The complaint shall satisfy all of the following requirements: (a) Be in writing. (b) Signed by the person that makes it. (c) State when, where,...
- California Food and Agricultural Code Section 31505
If the person that owns the dog or was in charge of it when the damage or loss was sustained appears from the complaint, the...
- California Food and Agricultural Code Section 31506
The summons shall be made returnable not less than two nor more than six days from the date of issue and shall be served at...
- California Food and Agricultural Code Section 31507
The service of the summons may be made by any person over the age of 18 years or by registered mail to the last known...
- California Food and Agricultural Code Section 31508
Upon the return day fixed in the summons, the judge shall proceed to determine whether the loss or damage to the livestock was caused by...
- California Food and Agricultural Code Section 31601
The Legislature finds and declares all of the following: (a) Potentially dangerous and vicious dogs have become a serious and widespread threat to the safety...
- California Food and Agricultural Code Section 31602
"Potentially dangerous dog" means any of the following: (a) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in...
- California Food and Agricultural Code Section 31603
"Vicious dog" means any of the following: (a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction...
- California Food and Agricultural Code Section 31604
"Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or...
- California Food and Agricultural Code Section 31605
"Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction...
- California Food and Agricultural Code Section 31606
"Animal control department" means the county or city animal control department. If the city or county does not have an animal control department, it means...
- California Food and Agricultural Code Section 31607
"Impounded" means taken into the custody of the public pound or animal control department or provider of animal control services to the city or county...
- California Food and Agricultural Code Section 31608
"County" includes any city and county.
- California Food and Agricultural Code Section 31609
(a) This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians. (b) This chapter does not apply to dogs...
- California Food and Agricultural Code Section 31621
If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is...
- California Food and Agricultural Code Section 31622
(a) After the hearing conducted pursuant to Section 31621, the owner or keeper of the dog shall be notified in writing of the determination and...
- California Food and Agricultural Code Section 31623
The court or hearing entity of original jurisdiction or the court hearing the appeal may decide all issues for or against the owner or keeper...
- California Food and Agricultural Code Section 31624
The determination of the court hearing the appeal shall be final and conclusive upon all parties.
- California Food and Agricultural Code Section 31625
(a) If upon investigation it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in...
- California Food and Agricultural Code Section 31626
(a) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the...
- California Food and Agricultural Code Section 31641
All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the...
- California Food and Agricultural Code Section 31642
A potentially dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the...
- California Food and Agricultural Code Section 31643
If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the owner or keeper resides, the...
- California Food and Agricultural Code Section 31644
If there are no additional instances of the behavior described in Section 31602 within a 36-month period from the date of designation as a potentially...
- California Food and Agricultural Code Section 31645
(a) A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings conducted under...
- California Food and Agricultural Code Section 31646
The owner of a dog determined to be a vicious dog may be prohibited by the city or county from owning, possessing, controlling, or having...
- California Food and Agricultural Code Section 31662
Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500). Any violation...
- California Food and Agricultural Code Section 31663
All fines paid pursuant to this article shall be paid to the city or county in which the violation occurred for the purpose of defraying...
- California Food and Agricultural Code Section 31681
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions...
- California Food and Agricultural Code Section 31682
The Judicial Council shall prepare all forms necessary to give effect to this chapter, including a summons or citation to be used by law enforcement...
- California Food and Agricultural Code Section 31683
Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially...
- California Food and Agricultural Code Section 31751
For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal.
- California Food and Agricultural Code Section 31751.3
(a) (1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter,...
- California Food and Agricultural Code Section 31751.5
Whenever a city or county requires cat license tags, any such tag shall be issued for one-half or less of the fee required for a...
- California Food and Agricultural Code Section 31751.6
Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery.
- California Food and Agricultural Code Section 31751.7
(a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for...
- California Food and Agricultural Code Section 31752
(a) The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment,...
- California Food and Agricultural Code Section 31752.2
(a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or...
- California Food and Agricultural Code Section 31752.5
(a) The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid...
- California Food and Agricultural Code Section 31753
Any rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in...
- California Food and Agricultural Code Section 31754
(a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters...
- California Food and Agricultural Code Section 31760
(a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities...
- California Food and Agricultural Code Section 31761
(a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring...
- California Food and Agricultural Code Section 31762
(a) (1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient...
- California Food and Agricultural Code Section 31763
(a) (1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on...
- California Food and Agricultural Code Section 31764
Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter.
- California Food and Agricultural Code Section 31765
Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the tag shall be issued...
- California Food and Agricultural Code Section 32000
The selling or giving away of any animal to any facility subject to the provision of Public Law 89, Chapter 544, of the 89th Congress,...
- California Food and Agricultural Code Section 32001
All public pounds, shelters operated by societies for the prevention of cruelty to animals, and humane shelters, that contract to perform public animal control services,...
- California Food and Agricultural Code Section 32003
All public pounds and private shelters shall keep accurate records on each animal taken up, medically treated, or impounded. The records shall include all of...
- California Food and Agricultural Code Section 32501
This division shall be known as the Milk and Milk Products Act of 1947.
- California Food and Agricultural Code Section 32501.5
There is within the Department of Food and Agriculture the Milk and Dairy Food Safety Branch.
- California Food and Agricultural Code Section 32502
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- California Food and Agricultural Code Section 32503
"Approved milk inspection service" means a milk inspection unit and laboratory which are maintained in connection with a county for the purpose of grading market...
- California Food and Agricultural Code Section 32504
"Cream" means that portion of milk, rich in milk fat, which rises to the surface of milk that is left standing or which is separated...
- California Food and Agricultural Code Section 32505
"Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or water...
- California Food and Agricultural Code Section 32506
"Dairy farm scorecard" means the card which is adopted by the director pursuant to Section 32791 for the official scoring of dairy farms.
- California Food and Agricultural Code Section 32508
"Manufacturing cream" means cream which does not conform to the requirements of market cream.
- California Food and Agricultural Code Section 32509
"Manufacturing milk" means milk which does not conform to the requirements of market milk.
- California Food and Agricultural Code Section 32510
"Market milk" means milk which conforms to the standards which are provided in Chapter 2 (commencing with Section 35751), Part 2, of this division. Market...
- California Food and Agricultural Code Section 32511
"Milk" means the unadulterated lacteal secretion which is obtained from the udder of a cow, water buffalo, goat, sheep, or other hooved mammal.
- California Food and Agricultural Code Section 32512
"Milk product" or "dairy product" means any product which is prepared or manufactured from milk, for which product a standard of composition is established by...
- California Food and Agricultural Code Section 32513
"Milk products plant" means any place in which a person engages in the business of handling, receiving, manufacturing, freezing, processing, or packaging milk, or any...
- California Food and Agricultural Code Section 32514
"Milk products plant scorecard" means the card which is adopted by the director pursuant to Section 32791 for the official scoring of milk products plants.
- California Food and Agricultural Code Section 32515
"Pasteurized" means that the milk or milk product has been subjected to a process which is described in Chapter 8 (commencing with Section 34001) of...
- California Food and Agricultural Code Section 32516
"Product of milk" means milk product as set forth in Section 32512 of this division.
- California Food and Agricultural Code Section 32516.5
"Restricted use market milk" means market milk that does not conform to the standards specified in Article 2 (commencing with Section 35781), Article 13 (commencing...
- California Food and Agricultural Code Section 32701
The director shall, and representatives of approved milk inspection services under his general supervision may, enforce this division.
- California Food and Agricultural Code Section 32702
The director may bring an action to enjoin any violation or threatened violation of any provision of this division, in the superior court in and...
- California Food and Agricultural Code Section 32703
Any proceeding pursuant to this article shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code...
- California Food and Agricultural Code Section 32704
Any money in the Department of Agriculture Fund which is derived under this division may be expended for the enforcement of any or all of...
- California Food and Agricultural Code Section 32731
The director may do all of the following: (a) Enter and inspect any premises or conveyance where any provision of this division is applicable. (b)...
- California Food and Agricultural Code Section 32732
No prosecution which is based upon a sample of milk, cream, a product of milk or cream, or a product resembling milk products shall be...
- California Food and Agricultural Code Section 32733
Samples of milk, milk products, and products resembling milk products to be tested for coliform bacteria shall be taken at the plant where packaged or...
- California Food and Agricultural Code Section 32734
(a) In addition to any other provision of law, the secretary shall require inspections at least quarterly of all milk products plants that pasteurize milk...
- California Food and Agricultural Code Section 32741
If the director determines that any female dairy animal, including any goat, is carrying pesticide residues in its body or has been fed any feed...
- California Food and Agricultural Code Section 32742
It is unlawful for any person to move any such animal except under written permission of the director and in accordance with the conditions stated...
- California Food and Agricultural Code Section 32743
The director shall notify the owner or agent of any animal which is ordered held, or for which he has specified conditions for moving, pursuant...
- California Food and Agricultural Code Section 32761
The director may condemn any of the following: (a) Milk or cream which is found to be impure, tainted, unclean, adulterated, or unwholesome. (b) Milk...
- California Food and Agricultural Code Section 32761.5
The director shall test milk and milk products for the presence of drug residues. The director may adopt, by regulation, official drug residue testing methods...
- California Food and Agricultural Code Section 32762
The director may mark any condemned milk or cream for identification.
- California Food and Agricultural Code Section 32763
The director shall prescribe the method of marking condemned milk or cream for identification but shall not, in marking condemned milk or cream, add any...
- California Food and Agricultural Code Section 32764
Condemned milk or cream which has been marked for identification shall be returned to the producer of the milk or cream, if requested by the...
- California Food and Agricultural Code Section 32765
The director may condemn any product of milk or cream or product resembling a milk product which is within any of the following classes: (a)...
- California Food and Agricultural Code Section 32766
The director may destroy or mark for identification with a nontoxic substance, any condemned product of milk or cream or product resembling a milk product.
- California Food and Agricultural Code Section 32767
No manufactured product of milk or cream or product resembling a milk product may be destroyed by the director without due notice to the owner...
- California Food and Agricultural Code Section 32791
The director shall adopt a dairy farm scorecard and a milk products plant scorecard for the official scoring of dairies and milk products plants. The...
- California Food and Agricultural Code Section 32792
The director shall do all of the following: (a) Collect, compile, and publish statistics relative to the dairy industry, oleomargarine, and products resembling milk products....
- California Food and Agricultural Code Section 32793
The director shall provide blanks for reporting statistics on milk and milk products and on products resembling milk products. He shall, on or before the...
- California Food and Agricultural Code Section 32794
In addition to the monthly report, the director may require annual, semiannual, or quarterly reports of the same general character as the monthly report.
- California Food and Agricultural Code Section 32811
Any license or permit that is issued pursuant to this division, may be suspended or revoked by the director, after a hearing before the director...
- California Food and Agricultural Code Section 32812
Thirty days' notice is not required before a license or permit may be suspended or revoked by the director where the premises or appurtenances of...
- California Food and Agricultural Code Section 32813
The proceedings for the suspension or revocation of a license or permit shall be conducted pursuant to Chapter 5 (commencing with Section 11500), Part 1,...
- California Food and Agricultural Code Section 32814
(a) In addition to any other penalty or fine prescribed by law, including, but not limited to, denial, suspension, or revocation of any license, permit...
- California Food and Agricultural Code Section 32901
It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive any milk, cream, product of milk or cream, imitation...
- California Food and Agricultural Code Section 32902
It is unlawful for any person to sell, for human consumption as cow's milk, any goat's milk or any mixture of cow's milk and goat'...
- California Food and Agricultural Code Section 32903
It is unlawful for any person to sell any milk, or any product of milk, from cows or goats that have not negatively passed a...
- California Food and Agricultural Code Section 32903.5
It is unlawful for any person to sell any milk, or any product of milk, from cows or goats that are reactors to a brucellosis...
- California Food and Agricultural Code Section 32904
If reacting animals are found they shall be removed from the herd immediately by the owner and kept separate and apart from other cattle or...
- California Food and Agricultural Code Section 32905
Milk or any milk product may be sold in this state in the following cases: (a) If such milk or milk product was produced in...
- California Food and Agricultural Code Section 32906
It is unlawful for any person to sell, give away, or deliver, or to knowingly purchase or receive any impure, polluted, tainted, unclean, unwholesome, stale...
- California Food and Agricultural Code Section 32907
It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive any milk or any product of milk which has...
- California Food and Agricultural Code Section 32909
It is unlawful for any person to produce, manufacture, prepare for sale, or sell any of the following: (a) Any milk, cream, or other product...
- California Food and Agricultural Code Section 32910
Except as otherwise provided in this division, it is unlawful for any person to manufacture or sell any milk, cream, skim milk, buttermilk, condensed or...
- California Food and Agricultural Code Section 32911
A person shall not efface, erase, cancel, or remove any mark, statement, or label which is required by this division, with intent to mislead, deceive,...
- California Food and Agricultural Code Section 32912
Any milk or milk product, frozen dessert, or cheese that is subject to a standard of identity or standard of composition defined in this division...
- California Food and Agricultural Code Section 32912.5
Any labeling requirements adopted by the secretary pursuant to this section shall be in conformity with the labeling requirements established under the Federal Food, Drug...
- California Food and Agricultural Code Section 32913
A person shall not use the name of any such product, orally, printed, or written, in connection with the sale of any product or substance...
- California Food and Agricultural Code Section 32914
A person shall not make or cause to be made any statement, oral, written, or printed, or make or print, or cause to be made...
- California Food and Agricultural Code Section 32915
The labeling requirements of Sections 32912, 32913, and 32914 also apply to milk and cream which is sold in bulk to the wholesale trade and...
- California Food and Agricultural Code Section 32916
All cream, skim milk, buttermilk, ice cream, butter, cheese, or other milk product which is sold, designated, or advertised as certified shall be conspicuously marked...
- California Food and Agricultural Code Section 32917
A person shall not render any statement or bill which shows the weight, grade, percentage of fat, amount of fat, solids not fat, bacteria count,...
- California Food and Agricultural Code Section 32918
Every vehicle from which any milk or milk product is regularly sold and marketed or peddled shall have the name of the distributor plainly lettered...
- California Food and Agricultural Code Section 32919
The director may by regulation require every distributor that delivers any packaged milk in fluid state to any agency of the United States government for...
- California Food and Agricultural Code Section 32920
Any pasteurized milk or milk product, frozen dessert, cheese, or product resembling milk products shall be produced, distributed, or sold in accordance with the current...
- California Food and Agricultural Code Section 32920.5
Any sanitary, sterilization, or pasteurization requirement relating to or affecting the production of raw milk for pasteurization or the processing, distribution, or sale of any...
- California Food and Agricultural Code Section 32921
The official final action methods of analysis for the determination of the components of milk, bulk milk, products of milk, or products resembling milk products,...
- California Food and Agricultural Code Section 33051
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 33052
"Eligible list" means the list established by the State Personnel Board pursuant to Section 33111 of persons who are qualified to be employed by the...
- California Food and Agricultural Code Section 33053
"Established milk inspection area" means an area in which the inspection or grading service is established and conducted by the director and wherein such service...
- California Food and Agricultural Code Section 33081
The director may authorize as many approved milk inspection services as may be necessary to properly carry out the provisions of this division and the...
- California Food and Agricultural Code Section 33082
The director shall supervise the operation of all approved milk inspection services in the enforcement of this division and the regulations which are adopted by...
- California Food and Agricultural Code Section 33083
The director may adopt regulations for the proper enforcement of this chapter.
- California Food and Agricultural Code Section 33084
The director, at least once each month, shall report to the Controller the total amount of money which is collected under Section 33294. He or...
- California Food and Agricultural Code Section 33085
An advisory committee shall be established to assist the director in the administration of this chapter. The members of the advisory committee shall be appointed...
- California Food and Agricultural Code Section 33086
The members of the advisory committee shall include persons representing producers, milk products plants, approved milk inspection services personnel, and the public generally. The advisory...
- California Food and Agricultural Code Section 33087
A member of the advisory committee shall not receive a salary. The director may authorize the reimbursement for any actual expenses incurred while engaged in...
- California Food and Agricultural Code Section 33111
The State Personnel Board shall hold examinations in various parts of the state for the purpose of determining the qualifications of persons who desire to...
- California Food and Agricultural Code Section 33112
The director shall examine any interested person qualified under Section 33113 for certification as a registered dairy inspector. Such an examination shall be both written...
- California Food and Agricultural Code Section 33112.1
Notwithstanding any other provision of this chapter, the director shall issue a limited milk inspection certificate to any registered sanitarian employed by any city or...
- California Food and Agricultural Code Section 33113
A person is not eligible to take the examination unless the person possesses one of the following qualifications: (a) Graduation from a four-year college with...
- California Food and Agricultural Code Section 33114
The director shall establish and collect fees for the application and for the examination of persons for the position of registered dairy inspector to cover...
- California Food and Agricultural Code Section 33118
The director shall, from time to time, conduct special refresher courses which shall not exceed five days, at various convenient places in the state for...
- California Food and Agricultural Code Section 33119
Attendance at such a refresher course shall be mandatory, in the discretion of the director, upon any or all persons who are employed by the...
- California Food and Agricultural Code Section 33120
Any person who is employed by the department or any county or city shall be paid his salary or compensation while he is attending such...
- California Food and Agricultural Code Section 33121
This article does not apply to any clerical employee, or to any person who is employed in a laboratory.
- California Food and Agricultural Code Section 33141
If a producer produces market milk within the jurisdiction of an approved milk inspection service, the director, after an investigation and consultation with the health...
- California Food and Agricultural Code Section 33142
The director, in making the designation and assignment, shall take into consideration, in addition to other matters which are considered, the geographical convenience of each...
- California Food and Agricultural Code Section 33143
No more than one approved milk inspection service may be designated by the director for any single dairy farm which produces market milk.
- California Food and Agricultural Code Section 33146
Any producer or approved milk inspection service may file with the director a written protest regarding any designation which is made pursuant to Section 33141....
- California Food and Agricultural Code Section 33147
The director may, within 30 days after the receipt of the protest and shall, within 30 days after receipt of a petition, and after at...
- California Food and Agricultural Code Section 33149
The director upon his own motion, after giving at least 10 days written notice to any approved milk inspection service which is concerned, may hold...
- California Food and Agricultural Code Section 33150
After the hearing, the director may revoke, amend, or retain such designation, designate another approved milk inspection service to perform the inspection as provided in...
- California Food and Agricultural Code Section 33151
Upon the approval in writing of a milk inspection service by the director, the approved milk inspection service shall do all of the following: (a)...
- California Food and Agricultural Code Section 33171
In areas in which an approved milk inspection service has not been designated by the director pursuant to Article 4 (commencing with Section 33141), the...
- California Food and Agricultural Code Section 33201
Counties may, subject to the approval of the director, contract, one with the other, for the maintenance by one, or some of them, of the...
- California Food and Agricultural Code Section 33221
As used in this article, "permit" means a permit that is issued pursuant to Section 33222.
- California Food and Agricultural Code Section 33222
Every person, before engaging in the business of producing market milk, shall obtain a permit from the secretary or from the approved milk inspection service...
- California Food and Agricultural Code Section 33223
If a permit is issued by an approved milk inspection service designated by the secretary to a producer of market milk, no other permit shall...
- California Food and Agricultural Code Section 33224
Upon receipt of an application for a permit, the secretary or approved milk inspection service shall cause an investigation to be made of the dairy...
- California Food and Agricultural Code Section 33225
If this division and the standards that are established by or adopted pursuant to the authority that is granted in this division are complied with,...
- California Food and Agricultural Code Section 33226
Every person shall obtain a permit from the secretary before engaging in the business of processing or distributing market milk. Upon receipt of an application...
- California Food and Agricultural Code Section 33227
Each person, before engaging in the transportation of unpackaged market milk or unpackaged market milk products (bulk milk hauler), shall obtain a bulk milk hauler...
- California Food and Agricultural Code Section 33228
(a) Any person, before engaging the business of cleaning or sanitizing bulk milk tanker trucks shall obtain a bulk milk tanker truck cleaning or sanitizing...
- California Food and Agricultural Code Section 33251
The county that maintains an approved milk inspection service where an inspection fee is levied and collected shall determine the actual cost of making an...
- California Food and Agricultural Code Section 33252
For the purpose of maintaining an approved milk inspection service, the county may, but is not required to, levy and collect an inspection fee or...
- California Food and Agricultural Code Section 33253
The dairy farm inspection fee shall not exceed the actual cost to the county of making the dairy farm inspection.
- California Food and Agricultural Code Section 33254
Any fees levied by an approved milk inspection service for dairy farm inspection shall not exceed the maximum fees provided for state established inspection.
- California Food and Agricultural Code Section 33256
The cost of the inspections may include all directly related costs.
- California Food and Agricultural Code Section 33257
If an approved milk inspection service inspects a dairy farm, the dairy farm inspection fee, if levied, shall be collected from the producer of market...
- California Food and Agricultural Code Section 33261
Charges that are made by any approved milk inspection service for inspection fees are subject to audit by the secretary, and for this purpose the...
- California Food and Agricultural Code Section 33262
Ten percent of the producers within any approved inspection area may file with the secretary a written protest as to the reasonableness of any inspection...
- California Food and Agricultural Code Section 33263
The secretary shall, after 30 days' public notice of the hearing, and after five days' written notice to any approved milk inspection service that is...
- California Food and Agricultural Code Section 33264
Upon the completion of hearing, the secretary may establish a reasonable fee for the inspection that is the subject of the protest. Thereafter until the...
- California Food and Agricultural Code Section 33265
A county shall not, through an approved milk inspection service or otherwise, levy or collect any fee or tax for the purpose of inspecting any...
- California Food and Agricultural Code Section 33291
Every person that is engaged in the production of market milk outside the jurisdiction of an approved milk inspection service and every person engaged in...
- California Food and Agricultural Code Section 33292
Every milk products plant that is subject to this chapter shall deduct from payments that are due producers for market milk, and shall pay to...
- California Food and Agricultural Code Section 33293
The inspection fee is payable during the first week of January, April, July, and October of each year.
- California Food and Agricultural Code Section 33294
(a) The secretary shall fix the fee for dairy farm inspection not to exceed the actual directly related costs. (b) Whenever the secretary finds that...
- California Food and Agricultural Code Section 33295
The secretary shall fix the inspection fees for each person, as provided for in Section 33291, not to exceed actual directly related costs for inspection....
- California Food and Agricultural Code Section 33296
The secretary shall make, and maintain, written findings upon which inspection fees are fixed pursuant to Sections 33294 and 33295. The written findings shall be...
- California Food and Agricultural Code Section 33297
Any person subject to inspection fees provided for in Section 33291 may file with the secretary a written protest as to the reasonableness of any...
- California Food and Agricultural Code Section 33298
The secretary shall establish plan review fees for sanitary design and construction review activities relating to milk product plants and frozen milk product plants pursuant...
- California Food and Agricultural Code Section 33321
The director may authorize the inspection of dairy farms producing manufacturing milk.
- California Food and Agricultural Code Section 33322
The inspection of dairy farms producing manufacturing milk in an area to which an approved milk inspection service has been designated and assigned under the...
- California Food and Agricultural Code Section 33351
It is unlawful for any person to do any of the following: (a) Prevent, interfere with, or attempt to nullify in any way the work...
- California Food and Agricultural Code Section 33451
A dairy farm which is insanitary, deficient, or unsatisfactory is subject to the action provided in this chapter.
- California Food and Agricultural Code Section 33452
(a) A dairy cow farm that was marketing market milk, including milk that meets the definition of restricted use market milk, on August 1, 2005,...
- California Food and Agricultural Code Section 33453
This chapter does not prohibit the immediate restricted use or exclusion from the market or the immediate condemnation by the secretary or an approved milk...
- California Food and Agricultural Code Section 33481
The secretary shall establish regulations for the construction of sanitary milk barns and milk houses which are used in the production of market milk.
- California Food and Agricultural Code Section 33482
The regulations, plans, and specifications may be varied to suit the climatic and other differences in the various sections of the state. If regulations, plans,...
- California Food and Agricultural Code Section 33483
Minimum construction standards for new market milk dairy farms and extensive repairs to existing market milk dairy farms shall not be less than those which...
- California Food and Agricultural Code Section 33484
Any dairy farm building heretofore or hereafter constructed in accordance with the regulations, plans, and specifications heretofore or hereafter adopted by the director is not,...
- California Food and Agricultural Code Section 33485
No authority is conferred by this article upon the director or any approved milk inspection service to require the rebuilding of any existing dairy farm...
- California Food and Agricultural Code Section 33486
All existing structures which are used in the production of market milk shall be kept in repair in accordance with the sanitary requirements and standards...
- California Food and Agricultural Code Section 33487
No environmental impact report may be required by any state agency for any activity of a dairy farm, including adoption of waste discharge requirements pursuant...
- California Food and Agricultural Code Section 33511
If any provision of this article is violated by any dairy farm, the dairy farm is insanitary, deficient, and unsatisfactory.
- California Food and Agricultural Code Section 33512
An open cesspool, pigpen, stagnant water, accumulation of manure or other filth shall not be permitted within 100 feet of the milk house or room,...
- California Food and Agricultural Code Section 33513
Human excreta or other human wastes shall be properly disposed of by the use of flush toilets and septic tanks, approved pits, or chemical toilets....
- California Food and Agricultural Code Section 33514
The buildings, yards, or enclosures shall not be filthy or insanitary, nor shall any part of such yards or enclosures, except pastures, be made the...
- California Food and Agricultural Code Section 33515
The water supply for the milk house or room and dairy barn shall be properly located, constructed, and operated, easily accessible, adequate, protected against contamination,...
- California Food and Agricultural Code Section 33516
The water supply for drinking by livestock shall not be stagnant, polluted with manure, urine drainage, decaying vegetable or animal matter, or pathogenic bacteria of...
- California Food and Agricultural Code Section 33517
No person who is connected with or employed on a dairy farm and liable to come in contact with the milk or cream of the...
- California Food and Agricultural Code Section 33518
A suitable milkhouse or room, which is properly screened to exclude flies or insects shall be provided and maintained for the separating, cooling, mixing, canning,...
- California Food and Agricultural Code Section 33519
The pails, cans, bottles, or other containers for milk or its products, or the strainers, coolers or other utensils, appliances, apparatus, or equipment which come...
- California Food and Agricultural Code Section 33520
Multiuse containers, equipment and utensils used in the handling, storage and transportation of milk shall be made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials and shall...
- California Food and Agricultural Code Section 33521
The containers, appliances, or equipment, after sterilization, shall be adequately dried and protected from flies, dust, and other contamination.
- California Food and Agricultural Code Section 33522
No container, utensil, appliance, or equipment shall be used for any purpose except the handling of milk or products of milk.
- California Food and Agricultural Code Section 33523
The udders, flanks, hind legs, and tails of cows or goats shall be reasonably clean during milking.
- California Food and Agricultural Code Section 33524
The milk or cream shall be protected from contamination by dust and flies.
- California Food and Agricultural Code Section 33525
The person or wearing apparel of the dairyman, his employees, or other persons who handle the milk or its products and containers or equipment of...
- California Food and Agricultural Code Section 33526
The hands of milkers shall be clean and dry during the entire period of milking.
- California Food and Agricultural Code Section 33527
The milk or cream shall be cooled as provided in Section 35783 and so maintained until delivery to a milk products plant.
- California Food and Agricultural Code Section 33528
The interior of the milking barn or milk house or room shall be kept clean and free from accumulated dust and cobwebs.
- California Food and Agricultural Code Section 33529
The walls of the milking barn shall not become soiled with manure, urine, or other filth.
- California Food and Agricultural Code Section 33530
The feed shall not be spoiled or otherwise unfit for feeding cows or goats and the production of milk.
- California Food and Agricultural Code Section 33551
For any violation of this chapter a dairy farm with a market milk (grade A) permit shall be placed on restricted use or the milk...
- California Food and Agricultural Code Section 33552
No notice for a subsequent violation of any provision of this chapter, for which a notice, as herein provided, has been issued is required if...
- California Food and Agricultural Code Section 33581
An application for reinstatement of a dairy farm which has been placed on restricted use or the milk of which has been excluded from the...
- California Food and Agricultural Code Section 33701
It is unlawful for any person to operate a milk products plant unless such plant scores a minimum of 80 percent on the official scorecard...
- California Food and Agricultural Code Section 33702
The provisions of Sections 33701, 33762, 33763, 33764, and 33765 do not apply to any milk products plant, its utensils, apparatus, and equipment which are...
- California Food and Agricultural Code Section 33703
Notwithstanding any provision of Section 33522, 33764, or 33765, containers, utensils, appliances, and equipment used for handling or bottling milk or milk products may be...
- California Food and Agricultural Code Section 33704
(a) Sections 33701, 33731, 33732, 33733, 33734, 33767, 33768, 33770, 33771, 33776, and 34593 do not apply to the manufacture of ice cream that is...
- California Food and Agricultural Code Section 33704.5
(a) Any person who manufactures and directly serves frozen yogurt or nondairy frozen dessert in the manner specified in Section 33704, shall post on the...
- California Food and Agricultural Code Section 33704.7
"Frozen dairy dessert" is the food prepared by freezing while stirring a pasteurized mix containing milk or ingredients, derived from milk, or both, and which...
- California Food and Agricultural Code Section 33704.8
Frozen desserts, not subject to a standard of identity prescribed by Title 21 of the Code of Federal Regulations, may be manufactured or sold, or...
- California Food and Agricultural Code Section 33705
Notwithstanding any other provisions of this division, any wholesome agricultural food product which does not affect the flavor or quality of milk products may be...
- California Food and Agricultural Code Section 33731
No new milk products plant shall be constructed nor shall extensive repairs be made to any existing milk products plant unless plans or specifications which...
- California Food and Agricultural Code Section 33732
Except as otherwise provided in Section 33733, minimum construction standards for new milk products plants shall include a separate room for each of the following...
- California Food and Agricultural Code Section 33733
A separate room is required for conducting each of the operations which is listed in Section 33732, except that, if any of the functions which...
- California Food and Agricultural Code Section 33734
Whenever and wherever the functions which are specified in Section 33732 are performed, such performance shall be with equipment which is determined by the director...
- California Food and Agricultural Code Section 33761
If any provision of this article is violated by any milk products plant, the milk products plant is insanitary.
- California Food and Agricultural Code Section 33762
Milk or cream, or any product of milk or cream, shall not be received, by a milk products plant if such milk or cream, or...
- California Food and Agricultural Code Section 33763
The utensils and apparatus that come in contact with milk or its products shall be thoroughly washed and afterwards sterilized each time they are used...
- California Food and Agricultural Code Section 33764
The cans or other containers in which the milk or milk products are received, transported, or delivered shall be thoroughly washed, sterilized, and dried after...
- California Food and Agricultural Code Section 33765
No container, utensil, apparatus, or equipment, except as otherwise provided, shall be used for any purpose other than that of handling milk and the products...
- California Food and Agricultural Code Section 33766
The inside surfaces of any equipment, apparatus, or container, which comes in contact with milk or its products, shall be smooth and readily cleanable and...
- California Food and Agricultural Code Section 33766.5
Recirculated cold water which is used in coolers and exchangers shall be obtained from a safe source and protected from contamination. Any freezing point depressant...
- California Food and Agricultural Code Section 33767
The floor shall be constructed of concrete or other impervious material which is acceptable to the director. It shall be so constructed as to be...
- California Food and Agricultural Code Section 33768
Floor drains shall be provided which are properly trapped to exclude odors and connected to a sewer line that will convey refuse milk, water, and...
- California Food and Agricultural Code Section 33769
No milk, its products, or any filth shall be allowed to accumulate, ferment, or decay upon the floor or walls.
- California Food and Agricultural Code Section 33770
No species of animal life other than man shall be permitted in any building which is used in connection with any milk products plant.
- California Food and Agricultural Code Section 33771
No building which is used in connection with any milk products plant shall be used for any purpose except the handling of milk and milk...
- California Food and Agricultural Code Section 33772
The water supply shall be properly located and constructed so as to be easily accessible, adequately operated, and protected against contamination. The bacterial quality shall...
- California Food and Agricultural Code Section 33773
A cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall not be so located as to become a nuisance...
- California Food and Agricultural Code Section 33774
All openings into any milk products plant shall be effectively protected against flies and insects and doors shall be self-closing.
- California Food and Agricultural Code Section 33775
There shall be sufficient light in each room equivalent to not less than one 50-watt electric light per 100 square feet of floor area, reasonably...
- California Food and Agricultural Code Section 33776
Tight, sound, and cleanable walls and ceilings shall be provided. The walls shall be constructed of nonabsorbent material, acceptable to the director, sufficiently above the...
- California Food and Agricultural Code Section 33777
A suitable toilet, with self-closing door, and lavatory facilities, soap, and clean towels shall be provided for employees. A toilet shall not communicate directly with...
- California Food and Agricultural Code Section 33778
The bodies or wearing apparel of persons who are employed or come in contact with any milk or its products shall be kept clean and...
- California Food and Agricultural Code Section 33779
(a) No person who is connected with, or employed in, a milk products plant and liable to come in contact with milk or milk products...
- California Food and Agricultural Code Section 33780
No equipment or apparatus shall be installed or maintained in such manner so as to prevent thorough and adequate cleaning of walls and floors.
- California Food and Agricultural Code Section 33781
A room in which cheese and cheese products are cut, wrapped, and packaged into individual consumer packages shall be maintained in accordance with the sanitary...
- California Food and Agricultural Code Section 33782
All of the provisions of this chapter apply to any building or structure in which any product resembling a milk product is manufactured, processed, or...
- California Food and Agricultural Code Section 34001
Pasteurization of milk or a milk product is a process which consists of one of the following: (a) Uniformly heating milk or a milk product...
- California Food and Agricultural Code Section 34001.5
When the term "ultra-pasteurized" is used to describe any milk or milk product, it means that such milk or milk product has been thermally processed,...
- California Food and Agricultural Code Section 34002
If the process of ripening or starting is to be commenced immediately, each of the following shall be cooled to a degree no lower than...
- California Food and Agricultural Code Section 34003
In the process of producing cream from market milk which is to be used as market cream or for the standardization of market milk, such...
- California Food and Agricultural Code Section 34004
Pasteurized skim milk, which is derived from market milk and which is used for standardizing pasteurized market milk, may be repasteurized once.
- California Food and Agricultural Code Section 34005
Market cream which has not been packaged for distribution to consumers may be repasteurized once.
- California Food and Agricultural Code Section 34006
Every person that operates any place where milk is received and byproducts are distributed shall pasteurize any skim milk, whey, or other milk byproduct which...
- California Food and Agricultural Code Section 34007
(a) Every person that uses any pasteurizing apparatus for the manufacture of soft fresh cheese varieties that are not cultured shall sample and test the...
- California Food and Agricultural Code Section 34008
(a) All market milk and market milk products, and all milk for manufacturing purposes and manufactured milk products, shall be pasteurized at the plant where...
- California Food and Agricultural Code Section 34031
Any apparatus which is used for the pasteurization of milk or any milk product shall be kept in strictly clean and sanitary condition.
- California Food and Agricultural Code Section 34032
Any vat, tank, or container which is used to store a milk byproduct shall be kept in a clean and sanitary condition.
- California Food and Agricultural Code Section 34061
Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall be equipped with a recording thermometer device to accurately...
- California Food and Agricultural Code Section 34062
Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall also be equipped with an indicating thermometer.
- California Food and Agricultural Code Section 34063
Any recording thermometer device and any indicating thermometer which is used in pasteurization shall be of a type which is approved by, and its use...
- California Food and Agricultural Code Section 34064
Every person that uses any pasteurizing apparatus within the state shall date, preserve, and keep on file for not less than one year after they...
- California Food and Agricultural Code Section 34065
Every person who uses any pasteurizing apparatus within the state shall compile and keep on file for not less than one year records relating to...
- California Food and Agricultural Code Section 34091
It is unlawful for any person to sell any milk or product of milk as and for pasteurized milk or a product of pasteurized milk,...
- California Food and Agricultural Code Section 34201
A person shall not do any of the following: (a) Fraudulently manipulate the measure, weight, or test which is used for determining the grade or...
- California Food and Agricultural Code Section 34202
No tolerance in weights, measures, percentages of milk fat, moisture, or any other measure or standard is permitted, except where specific provisions are made for...
- California Food and Agricultural Code Section 34231
(a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of weight or measure and percentage...
- California Food and Agricultural Code Section 34232
If the director finds, after investigation by him, that facilities are not available for weighing and testing, upon request of the parties he may issue...
- California Food and Agricultural Code Section 34233
This article does not prohibit weighing and sampling on a route, or the use of composite samples of milk, except as otherwise provided in Section...
- California Food and Agricultural Code Section 34261
A permanent record in duplicate of every test of milk, cream, or any fluid derivative of milk or cream which is purchased, received, or sold...
- California Food and Agricultural Code Section 34261.5
The director shall, by regulation, adopt methods and procedures for the testing, weighing, and measuring of milk components and for the recording and reporting of...
- California Food and Agricultural Code Section 34262
Each test shall be legibly recorded with indelible pencil or ink in such a manner as to correctly identify the test obtained upon the milk,...
- California Food and Agricultural Code Section 34263
Each sheet or page shall be authenticated by the signature of the licensed tester. A duplicate record shall be deposited by the licensed tester immediately...
- California Food and Agricultural Code Section 34264
The original record of each test shall be immediately delivered to the purchaser, receiver, or seller of the milk, cream, or fluid derivative of milk...
- California Food and Agricultural Code Section 34265
The licensed tester shall retain an unmodified sample of any milk, cream, or fluid derivative of milk or cream which is tested by him for...
- California Food and Agricultural Code Section 34301
The director shall supervise the testing of milk fat and milk solids not fat, and the weighing and sampling of market milk delivered to handlers....
- California Food and Agricultural Code Section 34302
(a) Every handler subject to any stabilization and marketing plan established pursuant to Division 21 (commencing with Section 58001), including a producer-handler, shall deduct an...
- California Food and Agricultural Code Section 34303
The director shall annually fix the fees in Section 34302 in an amount not to exceed the actual directly related costs for the supervision and...
- California Food and Agricultural Code Section 34304
Any assessment or fee payable pursuant to this article is a debt of the person by whom the assessment or fee is payable and is...
- California Food and Agricultural Code Section 34351
Fees shall be paid by the owner to the department for glassware which is examined for compliance with the prescribed standards. The director shall establish...
- California Food and Agricultural Code Section 34352
Except as provided in Section 34351, the department shall charge fees for examining glassware and apparatus which is used in methods of testing which are...
- California Food and Agricultural Code Section 34353
Any money which is received under this article shall be paid into the Department of Food and Agriculture Fund.
- California Food and Agricultural Code Section 34501
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 34502
"Association" includes nonstock corporations.
- California Food and Agricultural Code Section 34503
"Single service container" means a container which is used only once and is not refilled.
- California Food and Agricultural Code Section 34504
"Milk case" means a rigid, reusable container for packing and transporting or delivering cartons, bottles, jugs, or any other form of packaged milk or milk...
- California Food and Agricultural Code Section 34505
This chapter applies to all brands which have been registered with the department.
- California Food and Agricultural Code Section 34531
Any person or association located in California that is engaged in receiving, producing, manufacturing, packing, canning, bottling, handling, or selling milk or any product of...
- California Food and Agricultural Code Section 34532
There shall be included as a part of each brand the words, "Registered in California" or the abbreviation "Reg. Cal."
- California Food and Agricultural Code Section 34533
The applicant shall also cause such description to be printed once a week for three successive weeks in a newspaper of general circulation which is...
- California Food and Agricultural Code Section 34534
The department may refuse to register a brand if it appears that the same or a similar brand has been previously registered by another person...
- California Food and Agricultural Code Section 34535
If it appears that two or more applicants have applied for the registration of the same or similar brands, the director may, after hearing, determine...
- California Food and Agricultural Code Section 34536
Any certificate of registration which is granted expires on the 30th day of June of the fourth year after it was granted and may be...
- California Food and Agricultural Code Section 34537
If renewal of any certificate is not made within 60 days after the expiration of the certificate, such certificate becomes null and void.
- California Food and Agricultural Code Section 34561
Except as otherwise provided in this article, every person that finds or receives any container, cabinet, or other dairy equipment which is marked with a...
- California Food and Agricultural Code Section 34562
Any person that acquires any container, cabinet, or other dairy equipment which is marked with a brand that is registered pursuant to this chapter, by...
- California Food and Agricultural Code Section 34563
Any person that purchases any container, cabinet, or other dairy equipment which is marked with a brand registered pursuant to this chapter shall submit to...
- California Food and Agricultural Code Section 34564
An "unauthorized person" with respect to possession of containers (including milk cases), cabinets, or other dairy equipment marked with a brand that is registered pursuant...
- California Food and Agricultural Code Section 34565
If the owner of any container, cabinet, or other dairy equipment which is marked or branded, or any other person that is lawfully entitled to...
- California Food and Agricultural Code Section 34568
Any distributor in possession of a milk case having another distributor's registration shall notify the registered owner, and make the case available to the registered...
- California Food and Agricultural Code Section 34591
Except as otherwise provided in this article, it is unlawful for any person to sell or otherwise dispose of any market milk, skim milk, flavored...
- California Food and Agricultural Code Section 34592
Market milk which is served by any school, hospital, hotel, boardinghouse, restaurant, soda fountain, lunch counter, or other places where food or drink is served...
- California Food and Agricultural Code Section 34593
Market milk or the fluid derivative of market milk which is used in the preparation of milk shakes or other mixed milk drinks shall be...
- California Food and Agricultural Code Section 34594
Homogenized market milk may be sold and served from and by the use of a milk-dispensing device which has been approved for such use by...
- California Food and Agricultural Code Section 34595
Homogenized market milk, which is served from a milk-dispensing device that has been approved for that use by the director, shall be dispensed directly from...
- California Food and Agricultural Code Section 34596
The gift, sale, loan, or furnishing in any manner of any milk-dispensing device is subject to Article 4 (commencing with Section 61371) of Chapter 1...
- California Food and Agricultural Code Section 34621
Every restaurant, school, hospital, soda fountain, or other place where food or drink is served to the public, which sells milk, cream, ice cream, ice...
- California Food and Agricultural Code Section 34622
Every container of milk, cream, or any product of milk or cream which is delivered to the consumer by any retailer or distributor and which...
- California Food and Agricultural Code Section 34623
Every container, except a single service container, of any kind in which milk or any product of milk is kept, stored, transported, or delivered, shall...
- California Food and Agricultural Code Section 34624
Any container, including any ice cream cabinet, which is commonly used or intended for the reception, storage, or delivery of milk, cream, or any product...
- California Food and Agricultural Code Section 34625
Any empty container which is delivered to any producer, manufacturer, retailer, or distributor for the reception of milk or any product of milk shall be...
- California Food and Agricultural Code Section 34626
Every receptacle, except a single service container, which is used to contain market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to...
- California Food and Agricultural Code Section 34627
A single service container shall be made of sanitary material, in a sanitary manner, and shall be kept in a sanitary condition free from contamination...
- California Food and Agricultural Code Section 34628
Market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to the retail trade shall not be transferred from one receptacle to another...
- California Food and Agricultural Code Section 34651
It is unlawful for any person to use the words "Registered in California" or the abbreviation "Reg. Cal." on any container, cabinet, or other equipment...
- California Food and Agricultural Code Section 34652
It is unlawful for any person without the written consent which is provided for in Section 34562, except the registrant of the brand and the...
- California Food and Agricultural Code Section 34653
It is unlawful for any person to do any of the following: (a) Erase, obliterate, cover up, or conceal any brand without first notifying the...
- California Food and Agricultural Code Section 34654
It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting milk, cream, and containers of milk...
- California Food and Agricultural Code Section 34655
A consignee shall not accept or receive any empty container, cabinet, or other equipment which he is not authorized to use. Nothing herein shall be...
- California Food and Agricultural Code Section 34681
Any container which is found to have been used in violation of the requirements of this code shall be condemned and marked with the word...
- California Food and Agricultural Code Section 34801
Every carrier of milk, cream, or any product of milk, whether a producer, gratuitous private carrier, private carrier for hire, or common carrier, shall maintain...
- California Food and Agricultural Code Section 34802
Every conveyance, while transporting milk or cream or any clean empty container which is intended for milk or cream, and any shipping platform or premises...
- California Food and Agricultural Code Section 34803
Milk, cream, or any product of milk or cream shall not be transported in connection with, or close to, any other commodity from which it...
- California Food and Agricultural Code Section 34804
Every milk or cream can or other shipping container for any product of milk shall be handled carefully and, while it contains milk, cream, or...
- California Food and Agricultural Code Section 34805
Nothing herein shall be construed to derogate from any powers or authority of the Public Utilities Commission of the state.
- California Food and Agricultural Code Section 34806
A carrier of milk, cream, or any product of milk, whether a gratuitous private carrier, private carrier for hire, or common carrier, shall not receive...
- California Food and Agricultural Code Section 34951
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 34952
"Milk products plant license" means a license which is issued by the director pursuant to Section 35015 for a milk products plant.
- California Food and Agricultural Code Section 34981
Every license which is issued pursuant to this chapter, while in force, shall be kept conspicuously displayed in the place of business of the party...
- California Food and Agricultural Code Section 35011
A person shall not engage in any of the following businesses unless he has obtained a license from the director for each separate milk products...
- California Food and Agricultural Code Section 35012
An application for a milk products plant license shall be made on a form which is prescribed by the director. It shall state all of...
- California Food and Agricultural Code Section 35013
Each application shall be accompanied by a fee in an amount which is established for the particular license by Section 35221.
- California Food and Agricultural Code Section 35014
Upon receipt of an application for a milk products plant license, the director shall investigate the equipment and the sanitary condition of the milk products...
- California Food and Agricultural Code Section 35015
If the condition of the milk products plant is found to be satisfactory, a milk products plant license shall be issued by the director to...
- California Food and Agricultural Code Section 35016
(a) Except as provided in subdivision (b), any hotel, restaurant, boardinghouse, hospital, or other concern or agency that manufactures a product of milk for the...
- California Food and Agricultural Code Section 35017
This article does not apply to any of the following: (a) Any private home that is manufacturing for its own use. (b) Any retailer that...
- California Food and Agricultural Code Section 35018
Every milk products plant license expires at the end of each calendar year, but shall remain in force during the month of January of the...
- California Food and Agricultural Code Section 35019
Any license may be renewed each successive year, if the plant for which a previous license was issued and the business of such plant has...
- California Food and Agricultural Code Section 35041
A person shall not engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix unless, in addition to a milk...
- California Food and Agricultural Code Section 35042
Each application for a license to engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix shall be accompanied by...
- California Food and Agricultural Code Section 35071
A person shall not engage in the business of manufacturing, preparing, or processing modified UHT milk, modified UHT cream or modified milk unless, in addition...
- California Food and Agricultural Code Section 35072
Upon receipt of an application for a modified milk license, modified UHT milk license, or modified UHT cream license, the director shall investigate the equipment...
- California Food and Agricultural Code Section 35101
It is unlawful for any person, unless he has a license to do so, to engage in the business of manufacturing, freezing, or processing any...
- California Food and Agricultural Code Section 35102
A person shall first apply each year to the director for a license to engage in any business or occupation for which a license is...
- California Food and Agricultural Code Section 35103
Every license which is issued pursuant to Section 35102 expires on June 30th of each year, and may be issued in periods of one year.
- California Food and Agricultural Code Section 35131
A person shall not engage in the business of cutting and wrapping butter unless such person, in addition to the milk products plant license, has...
- California Food and Agricultural Code Section 35132
Every person that distributes butter which is received in packaged form direct from out-of-state points shall obtain a butter distributor's permit from the director for...
- California Food and Agricultural Code Section 35133
Every butter cutting and wrapping permit and butter distributor's permit expires at the end of each calendar year. A permit may be renewed each successive...
- California Food and Agricultural Code Section 35134
Every person who is in charge of cutting, wrapping, packaging, or distributing butter, or any supervisor of any such person who is responsible for the...
- California Food and Agricultural Code Section 35135
Application for such license shall be made to the director who shall examine each applicant as to his qualifications and knowledge of butter grades and...
- California Food and Agricultural Code Section 35136
Every butter grader's license expires on the 31st day of December. It may be renewed by payment of the renewal fee for a butter grader's
- California Food and Agricultural Code Section 35137
The licensing provisions of this article also apply to butter which is received in package form from out-of-state points.
- California Food and Agricultural Code Section 35161
Every person who tests milk, cream, or any fluid derivative of milk or cream, which is purchased, received, or sold on the basis of milk...
- California Food and Agricultural Code Section 35162
Methods or processes of testing shall be approved by the director. A separate license is required for each of the methods or processes of testing.
- California Food and Agricultural Code Section 35163
Every person, except a licensed tester, who takes any sample of milk, cream, or any fluid derivative of milk or cream, which is purchased, received,...
- California Food and Agricultural Code Section 35164
If one person does both sampling and weighing or measuring, only one license is required.
- California Food and Agricultural Code Section 35166
Any person who takes any sample of milk, cream, or any fluid derivative of milk or cream for testing shall hold the sample in an...
- California Food and Agricultural Code Section 35167
Every person who makes any bacteriological determination of milk or cream which is to be used as a basis of payment or determining value shall...
- California Food and Agricultural Code Section 35168
Every person who operates any equipment wherein milk or any product of milk is pasteurized shall hold a pasteurizer's license. The pasteurizer's licenses shall be...
- California Food and Agricultural Code Section 35169
Every person who tests any milk or cream purchased, received, or sold on the basis of the nonfat milk solids contained in it shall hold...
- California Food and Agricultural Code Section 35170
An application for a tester's, sampler's and weigher's, technician's, pasteurizer's, or nonfat milk solids tester's license shall be made to the director. The director shall...
- California Food and Agricultural Code Section 35171
Every license that is issued pursuant to Article 7 (commencing with Section 35131) and this article expires two years from the date of issue. License...
- California Food and Agricultural Code Section 35191
Every person that manufactures or imports any oleomargarine or margarine, or any substance designed as a substitute for butter, or that resembles butter, which is...
- California Food and Agricultural Code Section 35193
All records which are required to be kept by Sections 35191 and 35192 shall, at all times during business hours, be open to the inspection...
- California Food and Agricultural Code Section 35195
Every manufacturer of oleomargarine shall submit to the director at the end of each month a report of the amount of oleomargarine which such person...
- California Food and Agricultural Code Section 35196
Every person that holds a butter cutting and wrapping permit or a butter distributor's permit shall, on or before the fifth day of those months...
- California Food and Agricultural Code Section 35221
(a) Every person that is engaged in the business of dealing in, receiving, manufacturing, freezing, or processing ice cream, ice milk, sherbet, or any similar...
- California Food and Agricultural Code Section 35225
The special fee for a modified milk license, modified UHT milk license, or modified UHT cream license is one hundred dollars ($100).
- California Food and Agricultural Code Section 35226
The fee for issuing the license required by Section 35101 for any manufacturer or processor within this state is one hundred dollars ($100) annually.
- California Food and Agricultural Code Section 35227
Every permittee that is engaging in the business of cutting and wrapping butter shall pay a fee of one dollar ($1), plus twenty cents ($0.20)...
- California Food and Agricultural Code Section 35228
Every person that has a permit to engage in the business of distributing butter shall pay a fee of one dollar ($1), plus twenty cents...
- California Food and Agricultural Code Section 35229
The fees which are required by Sections 35227 and 35228 do not apply to United States government owned butter which is cut and wrapped in...
- California Food and Agricultural Code Section 35231
The initial and renewal fees for a tester's, sampler's and weigher's, technician's, pasteurizer's, and butter grader's license are as follows: (a) For a tester's license,...
- California Food and Agricultural Code Section 35251
The director, at least once each month, shall report to the Controller the total amount of any money which is collected under Section 35221. He...
- California Food and Agricultural Code Section 35252
The director shall, at least once each month, report to the State Controller the total amount of any money which is collected for fees under...
- California Food and Agricultural Code Section 35281
Any violation of any provision of this division, or the regulations for its enforcement, is a misdemeanor. Unless a different penalty is specifically prescribed, it...
- California Food and Agricultural Code Section 35282
Offering physical resistance or bodily attack on authorized representatives of the department or of an approved milk inspection service, who are engaged in the proper...
- California Food and Agricultural Code Section 35283
Notwithstanding Sections 35281 and 35282, any person who intentionally commits any of the following acts is guilty of a felony and, upon conviction, shall be...
- California Food and Agricultural Code Section 35311
Except as otherwise provided in this section, a penalty of 25 percent or five dollars ($5), whichever is greater, shall be added to any portion...
- California Food and Agricultural Code Section 35312
To the amount of any fee, except a license fee, which is required by this division, that is not paid by the last day of...
- California Food and Agricultural Code Section 35601
Milk shall be produced from nonreacting tuberculin and brucellosis tested cows or goats and shall conform to the regulations adopted by the director.
- California Food and Agricultural Code Section 35602
Milk shall be obtained by the complete milking of healthy cows or goats which are properly fed and kept. Milk shall not be obtained or...
- California Food and Agricultural Code Section 35603
Milk which has been produced or handled in an insanitary dairy farm or milk products plant or other insanitary place or which has been handled...
- California Food and Agricultural Code Section 35631
Cream shall be fresh and clean. It shall contain not less than 18 percent of milk fat.
- California Food and Agricultural Code Section 35751
This division does not prohibit the addition of vitamins and minerals to market milk or the sale of market milk to which any vitamins and...
- California Food and Agricultural Code Section 35752
This division does not prohibit the freezing and holding in cold storage of market cream or concentrated market cream, its subsequent standardization with market milk...
- California Food and Agricultural Code Section 35753
This division does not prohibit the freezing and holding in cold storage of market goat milk and its subsequent sale as market milk if at...
- California Food and Agricultural Code Section 35754
This division does not prohibit the sterilization of market goat milk by subjecting it to a temperature which is high enough to sterilize it, holding...
- California Food and Agricultural Code Section 35755
It is unlawful for any person to sell any market milk other than graded milk as provided in this division in any city or county...
- California Food and Agricultural Code Section 35756
This division, and the regulations of the director are not a limitation on the power of a municipality or county, by ordinance or regulation, to...
- California Food and Agricultural Code Section 35757
The secretary, in compliance with Section 407 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title...
- California Food and Agricultural Code Section 35781
(a) Except as otherwise provided in this article, market milk shall not contain any of the following: (1) More than 15,000 bacteria per milliliter or...
- California Food and Agricultural Code Section 35781.5
A milk producer delivering in cans on delivery to a plant receiving both graded market milk and ungraded market milk or manufacturing milk shall label...
- California Food and Agricultural Code Section 35782
Market milk shall be cooled to 45 degrees Fahrenheit or below, whether it is raw or pasteurized, and, except as otherwise provided in Section 35783,...
- California Food and Agricultural Code Section 35783
Market milk shall be cooled as indicated by a recording thermometer to 50 degrees Fahrenheit (10 degrees Celsius) or less within four hours of the...
- California Food and Agricultural Code Section 35783.1
A recording thermometer shall be installed in each dairy farm milk storage tank used to cool or store market milk during the milking process. If...
- California Food and Agricultural Code Section 35784
Market milk, at the time of delivery to the consumer, shall contain not less than 3.5 percent of milk fat and not less than 8.7...
- California Food and Agricultural Code Section 35784.1
Market milk produced and marketed pursuant to Article 7 (commencing with Section 35921) of this chapter and Sections 35861 and 35891 shall contain not less...
- California Food and Agricultural Code Section 35785
Market milk which is produced for sale under the supervision of an approved milk inspection service, or a milk inspection service which is established and...
- California Food and Agricultural Code Section 35786
Market goat milk may be standardized to a milk fat content of not less than 2.8 percent. Market goat milk at the time of delivery...
- California Food and Agricultural Code Section 35787
Where a milk inspection service has been approved or established pursuant to this code, market milk shall be graded and designated into one of the...
- California Food and Agricultural Code Section 35788
It is unlawful for any person to sell any milk as, or under the representation of, guaranteed or grade A milk, except under the supervision...
- California Food and Agricultural Code Section 35811
Market cream shall conform to all of the standards which are set for market milk of the same grade except those which relate to milk...
- California Food and Agricultural Code Section 35831
Pasteurized market milk shall be cooled to a temperature of 50 degrees Fahrenheit or below immediately after pasteurization and shall be so maintained until it...
- California Food and Agricultural Code Section 35832
(a) Repasteurized milk may only be reprocessed and sold as a "Grade A" product under the following conditions and restrictions: (1) Milk and milk products...
- California Food and Agricultural Code Section 35833
All pasteurized market milk and market milk products shall be bottled or canned only in the plant where pasteurized, except as otherwise provided in this...
- California Food and Agricultural Code Section 35834
Raw market milk and pasteurized market milk shall not be bottled in the same milk products plant for sale and distribution within a city or...
- California Food and Agricultural Code Section 35861
Guaranteed raw milk is market milk which conforms to all of the following minimum requirements: (a) The health of the cows and goats shall be...
- California Food and Agricultural Code Section 35862
All persons who come in contact with guaranteed raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or in...
- California Food and Agricultural Code Section 35863
Guaranteed pasteurized milk shall conform to all the requirements for guaranteed raw milk, except that it shall contain not more than 3,000 bacteria per milliliter...
- California Food and Agricultural Code Section 35891
Grade A raw milk is market milk which conforms to all the following minimum requirements: (a) The health of the cows and goats shall be...
- California Food and Agricultural Code Section 35892
All persons who come in contact with grade A raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or...
- California Food and Agricultural Code Section 35893
Milk for grade A pasteurized milk is market milk that conforms to all the following minimum requirements: (a) The health of the cows or goats...
- California Food and Agricultural Code Section 35921
Certified milk is market milk which conforms to the rules, regulations, methods, and standards for the production and distribution of certified milk adopted by the...
- California Food and Agricultural Code Section 35922
Certified milk shall bear the certification of a milk commission which shall be appointed as provided by this article by the board of supervisors in...
- California Food and Agricultural Code Section 35923
A county milk commission shall consist of six members who reside in the county where the commission is located and who shall be appointed by...
- California Food and Agricultural Code Section 35924
A county milk commission shall adopt rules, regulations, and standards governing the production, distribution, and sale of certified milk, including unpasteurized milk, as it deems...
- California Food and Agricultural Code Section 35924.5
A county milk commission shall give reasonable notice to the public of its meetings, and shall hold its public hearings in public buildings. Members of...
- California Food and Agricultural Code Section 35925
A county milk commission shall certify milk, including unpasteurized milk, for any applicant for certification whose milk complies with the rules, regulations, and standards for...
- California Food and Agricultural Code Section 35926
A county milk commission may establish such fees, and expend funds derived therefrom, as are reasonably necessary to defray the costs of certifying milk.
- California Food and Agricultural Code Section 35927
A county milk commission may conduct any tests that it finds are reasonably necessary to carry out the purposes of this article and may employ...
- California Food and Agricultural Code Section 35928
(a) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the...
- California Food and Agricultural Code Section 35941
Homogenized market milk is market milk which has been subjected to a process or treatment in such manner as to insure the breakup of the...
- California Food and Agricultural Code Section 35943
Homogenized market cream is market cream which has been subjected to a process or treatment in such manner as to insure breakage of the fat...
- California Food and Agricultural Code Section 35944
Homogenized market milk or homogenized market cream shall not be mixed with market milk or market cream which has not been homogenized.
- California Food and Agricultural Code Section 35945
Homogenized milk and homogenized cream shall be so labeled.
- California Food and Agricultural Code Section 35971
Half-and-half is a food that complies with Section 131.180 of Title 21 of the Code of Federal Regulations. Half-and-half shall contain not more than 20,000...
- California Food and Agricultural Code Section 36001
The following information shall at all times appear plainly and in a conspicuous place on, or be securely attached to, every cap, bottle, can, or...
- California Food and Agricultural Code Section 36002
All labels which are required by Section 36001 shall be in capital letters of a size and boldness as to be legible by the purchaser...
- California Food and Agricultural Code Section 36004
(a) At the time of sale to the consumer by a retail store of any product designated in this section there shall appear upon the...
- California Food and Agricultural Code Section 36005
If a product is made from goat milk, either the phrase "goat milk" or "made from goat milk" shall immediately precede or follow the name...
- California Food and Agricultural Code Section 36031
It is unlawful for any person that sells or handles market milk, except the original bottler of the market milk, to have in his possession,...
- California Food and Agricultural Code Section 36032
It is unlawful for any person that sells or handles market milk to remove any cap or label from any milk container and attach such...
- California Food and Agricultural Code Section 36033
It is unlawful for any person to sell or use any milk bottle caps which are not packed by the manufacturer in single column in...
- California Food and Agricultural Code Section 36061
No false, misleading, or deceptive name, picture, symbol, mark, word, or other representation shall appear on any milk bottle, bottle cap, can, or other container,...
- California Food and Agricultural Code Section 36062
A label or advertisement of market milk is false, misleading, or deceptive if in any particular it is untrue, or by ambiguity or inference creates...
- California Food and Agricultural Code Section 36063
It is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or cream which does not...
- California Food and Agricultural Code Section 36064
Except as otherwise provided in this division, it is unlawful for any person to sell, purchase, use, or represent as market milk or market cream...
- California Food and Agricultural Code Section 36065
It is unlawful for any person to serve to any customer for consumption on the premises milk or cream which is combined with any other...
- California Food and Agricultural Code Section 36091
Milk that is delivered by the producer of the milk, to be sold as any grade of market milk, shall not be restricted in use...
- California Food and Agricultural Code Section 36092
If, during the 60 hours following the rescoring of a dairy farm, a protest is filed with the head of the milk inspection service under...
- California Food and Agricultural Code Section 36123
Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the standard for...
- California Food and Agricultural Code Section 36301
Restricted use market milk, manufacturing milk, or manufacturing cream shall be sold only for manufacturing purposes and to be converted into some other form or
- California Food and Agricultural Code Section 36302
Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold for human consumption in a fluid state.
- California Food and Agricultural Code Section 36303
Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold in quantities of less than three gallons or in containers of less...
- California Food and Agricultural Code Section 36304
The provisions of Sections 36301, 36302, and 36303 do not apply to milk or cream which is sold by a producer to a milk products
- California Food and Agricultural Code Section 36306
Manufacturing milk or manufacturing cream may be repasteurized once.
- California Food and Agricultural Code Section 36331
Manufacturing milk shall comply with all of the following requirements: (a) It shall be free from foreign substances. (b) It shall not contain any undesirable...
- California Food and Agricultural Code Section 36601
The director shall adopt, by regulation, quality standards that are necessary for any product which is defined in this division. These quality standards which are...
- California Food and Agricultural Code Section 36602
The director, in determining the quality of any product which is sold, but not produced and processed in this state, shall ascertain that such product...
- California Food and Agricultural Code Section 36603
Any standard which is established pursuant to this article shall expire on the 61st day after the final adjournment of the second regular session of...
- California Food and Agricultural Code Section 36604
No product for which standards are required to be established pursuant to Section 36601 is required to meet any quality standards which are in excess...
- California Food and Agricultural Code Section 36605
Except as otherwise provided in Section 36604 and notwithstanding any other provisions of this part, no dairy products, as such products are defined in this...
- California Food and Agricultural Code Section 36606
(a) Safe and suitable bacteria standards may be adopted by the director for use in specific dairy products except for varieties of hard and soft...
- California Food and Agricultural Code Section 36631
(a) The Legislature intends that the director administer this article to accommodate, in a timely fashion, safe and wholesome milk products. (b) This article applies...
- California Food and Agricultural Code Section 36632
(a) Upon the request of any interested person, the director may, following a properly noticed hearing, pursuant to subdivision (c) of Section 36634, grant a...
- California Food and Agricultural Code Section 36633
(a) A hearing called pursuant to this article shall be for the following purposes: (1) Establishing if the product proposed for a temporary standard qualifies...
- California Food and Agricultural Code Section 36634
The processing of a petition for a temporary standard shall conform to the following schedule: (a) Notice of the requested hearing or denial thereof shall...
- California Food and Agricultural Code Section 36635
An unsuccessful petitioner for a temporary standard may repetition not earlier than 60 days following written notification of the denial of the original temporary standard...
- California Food and Agricultural Code Section 36636
A temporary standard granted pursuant to this article may be renewed for a period of one year if the director determines that the renewal is...
- California Food and Agricultural Code Section 36637
Upon granting a petition under this article, the director shall adopt the standard as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 11340)...
- California Food and Agricultural Code Section 36638
If the director fails to respond to a petition for a temporary standard within 65 days following receipt of the petition, the petitioner may thereafter...
- California Food and Agricultural Code Section 36661
In addition to the standards for milk and milk products which are adopted pursuant to this division, the director may adopt separate standards and labeling...
- California Food and Agricultural Code Section 36662
Every definition, standard, and labeling requirement which is adopted pursuant to this article expires on the 91st day after the final adjournment of the next...
- California Food and Agricultural Code Section 36670
Notwithstanding any other provision of law, sweeteners approved by the United States Food and Drug Administration for use in milk products may be added to...
- California Food and Agricultural Code Section 36671
Prior to the use of any sweetener in a dairy product, the sweetener must be approved by the United States Food and Drug Administration for...
- California Food and Agricultural Code Section 36672
Except as otherwise provided in this article, a milk product containing any sweetener shall be in conformance with all provisions of the applicable product definition...
- California Food and Agricultural Code Section 36673
A milk product containing any sweetener not included in the product identity standard shall be labeled in accordance with Section 36674 and all federal requirements,...
- California Food and Agricultural Code Section 36674
(a) The director shall approve the label and the name for any milk product containing any sweetener not included in the product identity standard. (b)...
- California Food and Agricultural Code Section 36675
The director shall, within 60 days after the effective date of this article, develop and distribute guidelines applicable to food handling establishments which serve milk...
- California Food and Agricultural Code Section 36801
Pasteurized cream that is sold or used for ice cream, frozen dairy dessert, frozen dessert, or sherbet manufacture shall be clean, sweet, and free from...
- California Food and Agricultural Code Section 36802
Milk and any milk product that is used in the manufacture of ice cream, frozen dairy dessert, frozen dessert, or sherbet shall be pasteurized.
- California Food and Agricultural Code Section 36803
Sweet butter that is used in ice cream, frozen dairy dessert, and frozen dessert shall be unsalted butter made from sweet cream that is free...
- California Food and Agricultural Code Section 36804
Every product which is defined in this chapter shall be advertised and labeled in accordance with regulations which are adopted by the director.
- California Food and Agricultural Code Section 36805
(a) Ice cream, frozen dairy dessert, frozen dessert, sherbet, or quiescently frozen confections when sold in package form shall be labeled with the name, address,...
- California Food and Agricultural Code Section 36806
Ice cream mix, frozen dairy dessert mix, and frozen dessert mix are unfrozen products that are used in the manufacture of ice cream, frozen dairy...
- California Food and Agricultural Code Section 36807
The director, by regulations, may authorize the use of wholesome, edible dairy products, as permissible ingredients, in frozen dairy products, in addition to those for...
- California Food and Agricultural Code Section 36808
Ice cream, frozen dairy dessert, frozen dessert, and sherbet may contain safe and suitable nonmilk-derived ingredients as specified in applicable provisions of the Code of...
- California Food and Agricultural Code Section 36809
Federal nutritional labeling regulations apply to all frozen dairy products, except nutritional labeling provided for any frozen dairy product mix or any frozen dairy product...
- California Food and Agricultural Code Section 36861
Ice cream is a food that complies with Section 135.110 of Title 21 of the Code of Federal Regulations. Ice cream shall contain not more...
- California Food and Agricultural Code Section 36951
Sherbet is a food that complies with Section 135.140 of Title 21 of the Code of Federal Regulations. Sherbet shall contain not more than 75,000...
- California Food and Agricultural Code Section 36952
Yogurt sherbet is a product that meets all the requirements and standards prescribed for sherbet, except as follows: (a) It shall have an acidity of...
- California Food and Agricultural Code Section 36981
Quiescently frozen confections means a clean and wholesome frozen, sweetened, flavored product in the manufacture of which freezing, which is not accompanied with stirring or...
- California Food and Agricultural Code Section 36982
Quiescently frozen confections may be sold under trade names which are not misleading or deceptive.
- California Food and Agricultural Code Section 36983
A quiescently frozen confection shall be manufactured in a form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled, and purveyed to the consumer...
- California Food and Agricultural Code Section 36984
In the production of a quiescently frozen confection, no processing or mixing prior to the quiescent freezing shall be used that develops in the finished...
- California Food and Agricultural Code Section 36991
Frozen yogurt is a frozen dairy product. It shall be made from milk, with or without added milk solids, flavoring, or seasoning, which has been...
- California Food and Agricultural Code Section 36992
Frozen yogurt shall contain not less than 3.5 percent milkfat.
- California Food and Agricultural Code Section 37101
As used in this chapter: (a) "Package" includes cartons, wrappers, or other containers which are used for the sale of butter to the retail trade....
- California Food and Agricultural Code Section 37102
All scoring of butter shall be in the manner which is specified in the regulations which are adopted by the director.
- California Food and Agricultural Code Section 37103
Quality designations shall be affixed on the package in a manner and fashion which is prescribed in the regulations which are adopted by the director.
- California Food and Agricultural Code Section 37131
All butter which is sold or distributed in package form, including such butter which is received from out-of-state points, shall be classified into grades which...
- California Food and Agricultural Code Section 37132
First quality butter is butter which scores not less than 92. The minimum requirements for first quality butter are as follows: (a) It shall be...
- California Food and Agricultural Code Section 37133
Second quality butter is butter which scores below 92, but not less than 90. The minimum requirements for second quality butter are as follows: (a)...
- California Food and Agricultural Code Section 37134
Butter which scores less than 90 shall not be sold or served to consumers. Such butter when sold shall be in bulk packages which contain...
- California Food and Agricultural Code Section 37161
Butter is the product made by gathering the fat or fresh or ripened milk or cream into a mass, which also contains a small portion...
- California Food and Agricultural Code Section 37162
Butter shall be clean and nonrancid and shall contain not less than 80 percent of milk fat.
- California Food and Agricultural Code Section 37163
Butter may contain salt or a harmless coloring matter.
- California Food and Agricultural Code Section 37164
Butter flavored with spices, condiments, garlic, chives, herbs, or other flavoring may be sold in whipped or solid form, provided the product meets the following...
- California Food and Agricultural Code Section 37191
Butter which is sold to the retail trade shall be labeled with the name and address of the manufacturer, the wholesale distributor, or the retailer....
- California Food and Agricultural Code Section 37192
Butter which is sold to the retail trade shall be labeled with the words "pasteurized" or "raw," as the case may be.
- California Food and Agricultural Code Section 37221
Butter which is received in this state by brokers, jobbers, and other persons that receive butter in cubes, tubs, firkins, or other bulk packages shall...
- California Food and Agricultural Code Section 37222
The markings shall remain on the packages until the butter which is contained in the packages is cut and wrapped for the retail trade.
- California Food and Agricultural Code Section 37223
The name of any city, county, or other geographical designation, or any word which may be pronounced the same as any city, county, or other...
- California Food and Agricultural Code Section 37224
This article does not prohibit the use of a trademark or brand which has a geographical name if it was copyrighted or registered in the...
- California Food and Agricultural Code Section 37261
Every person that sells, consigns, ships, or presents to any other person any butter that has been shipped or imported into this state from any...
- California Food and Agricultural Code Section 37262
Violation of this article is punishable by imprisonment in the county jail for not more than six months, or by a fine of not more...
- California Food and Agricultural Code Section 37291
Renovated butter is the product made from impure or rancid butter reduced, for the purpose of cleansing and renovating, to a liquid state by melting...
- California Food and Agricultural Code Section 37292
It is unlawful for any person to sell any renovated butter unless there is printed upon the label of each and every package, or other...
- California Food and Agricultural Code Section 37401
Varieties of cheese are foods that conform to the applicable standards of identity provided for in Part 133 of Title 21 of the Code of...
- California Food and Agricultural Code Section 37402
Cheddar cheese is a food that complies with Section 133.113 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37403
Washed-curd cheese is a food that complies with Section 133.136 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37404
Colby cheese is a food that complies with Section 133.118 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37405
Monterey cheese or monterey jack cheese is a food that complies with Section 133.153 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37406
High-moisture jack cheese is a food that complies with Section 133.154 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37407
Cream cheese is a food that complies with Section 133.133 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37408
Cream cheese with other foods is a food that complies with Section 133.134 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37409
Pasteurized neufchatel cheese spread with other foods is a food that complies with Section 133.178 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37410
Pasteurized process cheese is a food that complies with Section 133.169 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37411
Pasteurized process cheese food is a food that complies with Section 133.173 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37412
Pasteurized cheese spread is a food that complies with Section 133.175 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37413
Cold-pack cheese is a food that complies with Section 133.123 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37414
Cold-pack cheese food is a food that complies with Section 133.124 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37501
Dry curd cottage cheese is a food that complies with Section 133.129 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 37502
Cottage cheese is a food that complies with Section 133.128 of Title 21 of the Code of Federal Regulations. Lowfat cottage cheese is a food...
- California Food and Agricultural Code Section 37503
For the purposes of this article, dry curd cottage cheese or cottage cheese made from goat's milk are special varieties of cheese.
- California Food and Agricultural Code Section 37504
If dry curd cottage cheese or cottage cheese is made from certified raw milk, it shall be labeled as being made from certified raw milk.
- California Food and Agricultural Code Section 37505
The packaging of dry curd cottage cheese or cottage cheese, and the addition of milk products to dry curd cottage cheese to make cottage cheese...
- California Food and Agricultural Code Section 37601
Any cheese sold in this state shall be labeled in compliance with Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38151
As used in this article, "Reichert-Meissl number" means the number of milliliters of decinormal alkali which are required to neutralize the acidity of the distillate...
- California Food and Agricultural Code Section 38152
Milk fat or butterfat is the fat of milk. It shall have a Reichert-Meissl number not less than 24 and a specific gravity not less...
- California Food and Agricultural Code Section 38181
Skim milk, nonfat milk, or fat-free milk is the product that results from the complete or partial removal of milk fat from milk. It shall...
- California Food and Agricultural Code Section 38182
Skim milk, nonfat milk, or fat-free milk shall conform to the bacterial standards, coliform bacteria standards, and temperature standards of the grade or class of...
- California Food and Agricultural Code Section 38183
All fluid skim milk which is sold for human consumption as such shall be derived from market milk.
- California Food and Agricultural Code Section 38184
Every container in which skim milk, nonfat milk, or fat-free milk is sold shall be plainly and conspicuously labeled with all of the following: (a)...
- California Food and Agricultural Code Section 38185
Every label which is required by this article shall be in letters of a size or boldness as to be legible by the purchaser or...
- California Food and Agricultural Code Section 38186
Every container of skim milk, nonfat milk, or fat-free milk, except a glass container, shall be labeled with the words "skim milk," "nonfat milk," or...
- California Food and Agricultural Code Section 38191
Lowfat milk or light (lite) milk is a market milk product with added milk solids derived from market milk. Lowfat milk or light milk shall...
- California Food and Agricultural Code Section 38192
Except as otherwise provided in this article, lowfat milk or light (lite) milk shall meet all standards and requirements that are specified in this division...
- California Food and Agricultural Code Section 38211
Reduced-fat milk is a market milk product. It shall contain not less than 1.9 percent milk fat, not more than 2.1 percent milk fat, and...
- California Food and Agricultural Code Section 38213
Except as otherwise provided in this article, reduced-fat milk shall meet all standards and requirements that are specified in this division for market milk. It...
- California Food and Agricultural Code Section 38221
(a) High nutrient lowfat milk is a market milk product with added milk solids derived from market milk. It shall contain not less than 1.0...
- California Food and Agricultural Code Section 38222
Except as otherwise provided in this article, high nutrient lowfat milk shall meet all standards and requirements which are specified in this division for market
- California Food and Agricultural Code Section 38224
High nutrient lowfat milk shall be labeled in accordance with statutes and regulations applicable to vitamin and mineral addition. The phrase "multiple vitamins and minerals...
- California Food and Agricultural Code Section 38231
Evaporated milk is a food that complies with Section 131.130 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38241
Evaporated cream or clotted cream is cream from which a considerable portion of moisture has been evaporated.
- California Food and Agricultural Code Section 38251
Evaporated reduced-fat milk or condensed reduced-fat milk is the liquid food obtained by the partial removal of water and milk fat from milk. The milk...
- California Food and Agricultural Code Section 38252
The following vitamin requirements shall be followed: (a) Vitamin A shall be present in such quantity that each fluid ounce of the food contains not...
- California Food and Agricultural Code Section 38253
The following safe and suitable optional ingredients may be used: (a) Carriers for vitamins A and D. (b) Emulsifiers. (c) Stabilizers, with or without dioctyl...
- California Food and Agricultural Code Section 38261
Evaporated skimmed milk is a food that complies with Section 131.132 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38361
Dry whole milk is a food that complies with Section 131.147 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38391
Extra grade edible dry whey is the product which results by spray drying sweet, fresh cheese whey which has been pasteurized, either before or during...
- California Food and Agricultural Code Section 38392
Extra grade edible dry whey and its reliquefied form shall have a clean whey flavor, free from objectional and nonwhey flavors and odors.
- California Food and Agricultural Code Section 38393
Extra grade edible dry whey shall contain not more than 50,000 bacteria per gram, not more than 1.25 percent of milk fat, not more than...
- California Food and Agricultural Code Section 38394
The alkalinity of ash which is contained in extra grade edible dry whey shall not exceed 225 ml. 0.1 normal hydrochloric acid (0.1 N HCl)...
- California Food and Agricultural Code Section 38395
Extra grade edible dry whey shall have a uniform light color, free from lumps that do not break up under moderate pressure, and practically free...
- California Food and Agricultural Code Section 38396
Each container of extra grade edible dry whey shall be labeled with the full name of the product and with the word "pasteurized" when filled.
- California Food and Agricultural Code Section 38397
Buttermilk for drying shall be fresh, sweet and from the churning of sweet cream butter, with or without the addition of harmless lactic culture and...
- California Food and Agricultural Code Section 38398
Modified dry whey means the class of foods manufactured from fresh, pasteurized, cheese whey by various processes and procedures under conditions prescribed by the director.
- California Food and Agricultural Code Section 38399
Safe and suitable substances, as defined in Section 130.3 of Title 21 of the Code of Federal Regulations, may be used in the chemical, physical,...
- California Food and Agricultural Code Section 38400
The maximum standard plate count for modified dry whey shall not exceed 50,000 per gram, and the maximum coliform bacteria count shall not exceed 10...
- California Food and Agricultural Code Section 38401
Each container of modified dry whey shall be labeled "Modified Dry Whey." The label shall also contain a descriptive term of the modification, approved in...
- California Food and Agricultural Code Section 38421
Nonfat dry milk is a food that complies with Section 131.125 of Title 21 of the Code of Federal Regulations. Grade A nonfat dry milk...
- California Food and Agricultural Code Section 38451
Milk drink mix is a market milk product. It shall contain not less than 12 percent total milk solids, not less than 4 percent butterfat,...
- California Food and Agricultural Code Section 38452
Milk drink mix shall contain no milk or milk products except market milk and milk products which are derived from market milk.
- California Food and Agricultural Code Section 38453
Milk drink mix may contain sweetening and harmless flavoring and coloring.
- California Food and Agricultural Code Section 38454
Milk drink mix shall be pasteurized and shall contain not more than 75,000 bacteria per gram.
- California Food and Agricultural Code Section 38455
Each manufacturer of milk drink mix shall, upon request of the department, submit the names and delivery locations of all persons that receive milk drink...
- California Food and Agricultural Code Section 38511
Milk drink is the product which is made from milk drink mix or UHT milk drink mix and which contains not less than 3.5 percent...
- California Food and Agricultural Code Section 38512
No milk or milk products, except market milk, market skim milk, or market cream, shall be combined with, or added to, milk drink mix or...
- California Food and Agricultural Code Section 38522
Milk with lactobacillus acidophilus culture added, reduced-fat milk with lactobacillus acidophilus culture added, lowfat or light (lite) milk with lactobacillus acidophilus culture added, and nonfat...
- California Food and Agricultural Code Section 38523
The manufacture, labeling, and sale of acidophilus milk and milk, reduced-fat milk, lowfat or light (lite) milk, and nonfat or fat-free milk with lactobacillus acidophilus...
- California Food and Agricultural Code Section 38531
Modified milk is market milk, evaporated milk, or powdered milk which has been altered in composition to conform to special nutritional requirements and which contains...
- California Food and Agricultural Code Section 38541
Cultured milks are foods that comply with Section 131.112 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38542
Every container in which buttermilk is sold shall be labeled with a label containing all of the following information: (a) The name and address of...
- California Food and Agricultural Code Section 38601
Pasteurized concentrated milk is market milk which has been reduced to a semiliquid state by the removal of a portion of its water content by...
- California Food and Agricultural Code Section 38602
Pasteurized concentrated milk shall be packaged in containers other than hermetically sealed containers.
- California Food and Agricultural Code Section 38631
Concentrated skim milk is skim milk which is derived from market milk that has been reduced to a semiliquid state by the removal of a...
- California Food and Agricultural Code Section 38632
Concentrated skim milk shall contain not less than 24 percent of milk solids not fat.
- California Food and Agricultural Code Section 38633
When concentrated skim milk is made entirely from grade A milk, its manufacturer may label it grade A.
- California Food and Agricultural Code Section 38651
Flavored milk is market milk to which has been added a stabilizer, sugar, syrup, or flavor made from wholesome ingredients. Flavored milk may be sold...
- California Food and Agricultural Code Section 38652
(a) Flavored milk is pasteurized, homogenized milk which meets all standards and requirements which are specified in this division for pasteurized, homogenized milk, and which...
- California Food and Agricultural Code Section 38653
Flavored lowfat milk shall contain not more than 1.2 percent milk fat. Flavored reduced-fat milk shall contain not more than 2.1 percent milk fat, and...
- California Food and Agricultural Code Section 38654
Flavored nonfat skim or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat, and shall otherwise meet all standards...
- California Food and Agricultural Code Section 38655
Flavored high nutrient lowfat milk shall contain not more than 1.2 percent milk fat, and shall otherwise meet all standards and requirements which are specified...
- California Food and Agricultural Code Section 38671
Sour cream is a food that complies with Section 131.160 of Title 21 of the Code of Federal Regulations. Sour cream shall contain not more...
- California Food and Agricultural Code Section 38701
Sour cream dressing is a product which is made from pasteurized market cream, with added milk solids derived from market milk, to which any strain,...
- California Food and Agricultural Code Section 38702
Sour cream dressing shall be labeled with the term "sour cream dressing" and with the name and address of the distributor.
- California Food and Agricultural Code Section 38703
At the time of sale to consumers, sour cream dressing shall be in containers of at least 1/2-gallon or 4-pound capacity.
- California Food and Agricultural Code Section 38731
Yogurt is a food that complies with Section 131.200 of Title 21 of the Code of Federal Regulations. Yogurt shall contain not more than 10...
- California Food and Agricultural Code Section 38732
Whipped topping made from nonfat yogurt shall comply with the following standards: (a) The product shall contain not less than 25 percent nonfat yogurt by...
- California Food and Agricultural Code Section 38761
For the purposes of this article light cream, light whipping cream, heavy cream, and whipped cream are market cream products and shall contain not more...
- California Food and Agricultural Code Section 38762
Light cream, coffee cream, or table cream is a food that complies with Section 131.155 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38763
Light whipping cream or whipping cream is a food that complies with Section 131.157 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38764
Heavy cream or heavy whipping cream is a food that complies with Section 131.150 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38765
Whipped cream is a food that complies with Section 131.25 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38791
Eggnog is a food that complies with Section 131.170 of Title 21 of the Code of Federal Regulations. Eggnog shall contain not more than 20,000...
- California Food and Agricultural Code Section 38861
Acidified milk products are foods that comply with Section 131.111 or 131.162 of Title 21 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 38871
Market milk or market milk combined with nonfat milk from market milk, with or without added market milk solids, flavoring, or seasoning, which is certified...
- California Food and Agricultural Code Section 38872
Kefir shall contain not less than 3.5 percent milk fat. Reduced-fat kefir shall contain not more than 2.1 percent milk fat. Lowfat kefir shall contain...
- California Food and Agricultural Code Section 38873
When offered for sale, kefir, reduced-fat kefir, lowfat or light (lite) kefir, and nonfat, skim, or fat-free kefir shall be labeled, on a principal panel...
- California Food and Agricultural Code Section 38874
Kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir, in liquid form, and with or without fruit added, shall be...
- California Food and Agricultural Code Section 38875
Fruit kefir is kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir that contains not less than 8 percent by...
- California Food and Agricultural Code Section 38876
When fruit is added to kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir, the name of the fruit shall...
- California Food and Agricultural Code Section 38881
Lactose reduced milk, reduced-fat lactose reduced milk, lactose reduced lowfat or light (lite) milk, and lactose reduced nonfat, skim, or fat-free milk are market milk...
- California Food and Agricultural Code Section 38885
Nonfat market milk, with or without added market milk solids, which has been pasteurized and afterwards fermented by one or more strains of streptococcus lactis,...
- California Food and Agricultural Code Section 38886
Fromage frais or soft fresh cheese shall have at least 70 percent of the lactose in the original milk solids removed through the whey. Fromage...
- California Food and Agricultural Code Section 38887
Fromage frais or soft fresh cheese, without the addition of bulky flavors, shall contain not less than 3.5 percent of milk fat. Fromage frais or...
- California Food and Agricultural Code Section 38888
When offered for sale, fromage frais or soft fresh cheese shall be labeled on a principal panel of the container, with the name of the...
- California Food and Agricultural Code Section 38891
Bulky flavored fromage frais or bulky flavored soft fresh cheese is fromage frais or soft fresh cheese that contains clean, mature, sound fruit or its...
- California Food and Agricultural Code Section 38892
When bulky flavor is added to fromage frais or soft fresh cheese, the name of the bulky flavor shall accompany the name of the product...
- California Food and Agricultural Code Section 38895.1
Safe and suitable enzymes, as approved by the director, may be added to dairy products for the purpose of conversion of lactose to glucose or...
- California Food and Agricultural Code Section 38895.2
"Lactose reduced" may be included in the nomenclature of the product if there has been conversion of sufficient amounts of lactose to glucose or galactose...
- California Food and Agricultural Code Section 38901
The production and distribution of products resembling milk products, is hereby declared to be a business affected with a public interest. The provisions of this...
- California Food and Agricultural Code Section 38902
The Legislature further finds and declares all of the following: (a) There is an increasing advent into the marketplace of food products which in appearance,...
- California Food and Agricultural Code Section 38903
This chapter does not apply to: (a) Margarine, dairy spread, or spread subject to Chapter 8 (commencing with Section 39351). (b) A distinctive proprietary food...
- California Food and Agricultural Code Section 38903.5
Imitation cheese or substitute for cheese are subject to the provisions of this chapter.
- California Food and Agricultural Code Section 38903.6
Nondairy frozen dessert is subject to the provisions of this chapter.
- California Food and Agricultural Code Section 38904
Except as provided in this section, no products resembling milk products shall be used in any of the charitable or penal institutions that receive assistance...
- California Food and Agricultural Code Section 38905
It is unlawful for a restaurant or any other place where food is served to the public for consumption on the premises to misrepresent products...
- California Food and Agricultural Code Section 38906
If a provision of this chapter and a provision of the Health and Safety Code are applicable to the same person and subject matter, the...
- California Food and Agricultural Code Section 38907
If any article, section, subdivision, sentence or clause of any provision of this chapter is for any reason adjudged unconstitutional or unenforceable, such decision does...
- California Food and Agricultural Code Section 38908
The provisions of this chapter shall not be construed as necessitating any alterations or deviations in the normal and traditional methods of manufacturing, distributing, and...
- California Food and Agricultural Code Section 38911
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 38912
"Products resembling milk products" means any food product for human consumption, except those referred to in Section 38903, which has the appearance, taste, smell, texture...
- California Food and Agricultural Code Section 38914
"Imitation milk product" means a product resembling a milk product which contains oils, fats, or other ingredients, other than milk or milk products, in combination...
- California Food and Agricultural Code Section 38915
"Nondairy product" means a product resembling a milk product, but which nondairy product contains no milk or milk solids.
- California Food and Agricultural Code Section 38924
The director shall adopt regulations providing for the healthfulness and standard of purity of products resembling milk products. The regulations shall be those reasonably necessary...
- California Food and Agricultural Code Section 38925
When the use of market milk or any derivative or component of market milk is required in any milk product, any fluid milk, fluid skim...
- California Food and Agricultural Code Section 38926
Nondairy frozen dessert shall comply with the following standards: (a) The product shall contain not less than one-half of 1 percent of edible oil or...
- California Food and Agricultural Code Section 38926.5
Nondairy frozen dessert mix is a product in a final, dry, or concentrated form used in the manufacture of nondairy frozen dessert. It shall comply...
- California Food and Agricultural Code Section 38931
It is unlawful to engage in the manufacture of products resembling milk products, unless a license for the then current calendar year for each separate...
- California Food and Agricultural Code Section 38932
Applications for a license shall be in the form which shall be prescribed by the director.
- California Food and Agricultural Code Section 38933
The application shall be accompanied by a fee of one hundred dollars ($100). The fee shall be prorated on a monthly basis for any licensee...
- California Food and Agricultural Code Section 38934
The director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to manufacture, sell, or distribute...
- California Food and Agricultural Code Section 38935
The license shall expire at the end of each calendar year, but shall remain in force during the month of January of the next succeeding...
- California Food and Agricultural Code Section 38936
It is unlawful for any person to sell, give away, deliver, or to knowingly purchase or receive any product resembling milk products which has been...
- California Food and Agricultural Code Section 38937
Grounds for revocation or suspension of such license shall be the manufacture of products resembling milk products under unhealthful or insanitary conditions or which violate...
- California Food and Agricultural Code Section 38941
Any person engaged in the manufacture of products resembling milk products, shall register the products with the department as provided by this article.
- California Food and Agricultural Code Section 38942
Application for a registered product shall be in the form which shall be prescribed by the department and shall include the ingredients of the product,...
- California Food and Agricultural Code Section 38943
The application shall be accompanied by a fee of twenty-five dollars ($25). The information required by Section 38942 shall be kept current and amended whenever...
- California Food and Agricultural Code Section 38943.5
Each registration which has been approved expires on December 31st of the second year after it was approved and may be renewed for two years...
- California Food and Agricultural Code Section 38944
No product resembling milk products shall be sold unless it has an active registration on file with the department.
- California Food and Agricultural Code Section 38944.5
If renewal of any registration is not made within 60 days after expiration of the registration, the registration becomes null and void.
- California Food and Agricultural Code Section 38945
In addition to any other penalty, the department may revoke or suspend the registration of any product resembling milk products for any violation of this...
- California Food and Agricultural Code Section 38946
All product registration made pursuant to this article shall be confidential. No information contained in the application for any such registration, or in the registration,...
- California Food and Agricultural Code Section 38951
Any person or association or corporation engaged in the manufacture, sale, or distribution of products resembling milk products shall label such products in accordance with...
- California Food and Agricultural Code Section 38952
Each container which contains a product resembling a milk product, shall be labeled with the name and address of the manufacturer or distributor, and in...
- California Food and Agricultural Code Section 38952.5
Any product labeled as a "nondairy product" and containing one or more ingredients derived from milk shall clearly indicate upon such label, in a manner...
- California Food and Agricultural Code Section 38953
An imitation milk product, the composition and physical characteristics of which closely resemble those of a milk product or a specified variety of a milk...
- California Food and Agricultural Code Section 38954
Labels or products resembling milk products may contain references and comparisons of the products with milk products as long as such statements are reasonable, relevant,...
- California Food and Agricultural Code Section 38955
On the labels of imitation milk products the use of pictures and symbols depicting dairy or agricultural activities, or associating the product with such activities,...
- California Food and Agricultural Code Section 38956
Nondairy product containers and labels shall not contain any combination of words, symbols, marks, designs, or representations commonly used or associated with the sale, advertising,...
- California Food and Agricultural Code Section 38971
No product resembling a milk product shall be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions that is...
- California Food and Agricultural Code Section 38972
The director may adopt regulations to enforce the provisions of this article. In adopting the regulations, the director shall consider and follow, insofar as practical,...
- California Food and Agricultural Code Section 38981
The director shall enforce the provisions of this chapter.
- California Food and Agricultural Code Section 38982
The director may adopt any regulations necessary for the implementation and adequate enforcement and administration of the provisions of this chapter and that he determines...
- California Food and Agricultural Code Section 38983
The regulations shall be adopted after a public hearing in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of...
- California Food and Agricultural Code Section 38985
Notwithstanding any other provisions of this chapter to the contrary, the director shall by regulation waive any of the provisions of this chapter as they...
- California Food and Agricultural Code Section 38986
If the director determines that fees established to enforce and administer this chapter exceed the cost of enforcing and administering this chapter, he or she...
- California Food and Agricultural Code Section 38987
Any moneys which are received by the director or the department pursuant to this chapter shall be paid into the State Treasury to the credit...
- California Food and Agricultural Code Section 38991
The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter or any regulation adopted under...
- California Food and Agricultural Code Section 38992
Any person that violates any provision of this chapter or any regulation adopted under this chapter, is liable civilly in the amount of five hundred...
- California Food and Agricultural Code Section 39151
The ingredients, except fruits, nuts, and flavors, which are used in the manufacture of imitation ice cream or imitation ice milk, shall be pasteurized.
- California Food and Agricultural Code Section 39152
Imitation ice cream and imitation ice milk shall otherwise be manufactured, advertised, and sold pursuant to regulations which are adopted by the director.
- California Food and Agricultural Code Section 39153
It is unlawful for any person to sell imitation ice cream or imitation ice milk in bulk for purpose of resale.
- California Food and Agricultural Code Section 39181
Imitation ice cream and imitation ice milk are substances, mixtures, or compounds which are made in the imitation of, or which have the appearance of,...
- California Food and Agricultural Code Section 39182
Imitation ice cream shall contain not less than 10 percent of edible oil or fat.
- California Food and Agricultural Code Section 39183
Imitation ice milk shall contain not less than 2 percent of edible oil or fat, and harmless edible stabilizer as specified in Title 21 of...
- California Food and Agricultural Code Section 39184
Imitation ice cream or imitation ice milk, at the time of sale by the manufacturer or retailer, shall not contain more than 75,000 bacteria per...
- California Food and Agricultural Code Section 39211
Every container of imitation ice cream or imitation ice milk shall be conspicuously so labeled, and every place where imitation ice cream or imitation ice...
- California Food and Agricultural Code Section 39212
If a trade name is used on any vehicle which conveys, or any place where imitation ice cream or imitation ice milk is sold, the...
- California Food and Agricultural Code Section 39213
A person shall not use the name "creamy," "creamery," or "dairy," or the representation of a cow or any breed of dairy cattle, or any...
- California Food and Agricultural Code Section 39214
Milk shakes, malted milks, or malts, as such terms are commonly used in the restaurant, confectionary, or soft drink trade shall not be made from...
- California Food and Agricultural Code Section 39351
Except as otherwise provided, the provisions of this code which relate to margarine, dairy spread, or spread are likewise applicable to colored margarine, colored dairy...
- California Food and Agricultural Code Section 39352
It is unlawful for any person knowingly to ship, or for any carrier for hire knowingly to receive for shipment, any margarine, dairy spread, or...
- California Food and Agricultural Code Section 39353
It is unlawful for any person knowingly to possess or have under his or her control any margarine, dairy spread, or spread, except for actual...
- California Food and Agricultural Code Section 39381
Each person that manufactures any margarine, dairy spread, or spread shall comply with this article.
- California Food and Agricultural Code Section 39382
There shall be printed, stamped, or stenciled in a clear and durable manner upon one side of each tub, firkin, box, or other outer package...
- California Food and Agricultural Code Section 39411
It is unlawful for any person to sell any margarine, dairy spread, or spread, unless there is printed upon the label of each and every...
- California Food and Agricultural Code Section 39431
A person shall not sell or take orders for the future delivery of any margarine, dairy spread, or spread under the name of butter, or...
- California Food and Agricultural Code Section 39432
A person shall not, in connection or association with the sale or advertisement of any margarine, dairy spread, or spread represent or suggest by any...
- California Food and Agricultural Code Section 39471
Margarine (oleomargarine) is a substitute for butter which contains not less than 80 percent edible oils or fat and otherwise conforms to Part 166 (commencing...
- California Food and Agricultural Code Section 39491
Colored margarine, dairy spread, or spread is margarine, dairy spread, or spread which has a tint or shade that contains more than 1.6 degrees of...
- California Food and Agricultural Code Section 39501
Dairy spread is a substitute for butter which is made from a blend of milkfat, cultured buttermilk, milk solids-not-fat, and edible oil or fat, other...
- California Food and Agricultural Code Section 39502
Dairy spread shall contain a minimum of 40 percent fat and a minimum of 15 percent milk solids-not-fat; (60 percent of the blended fat ingredients...
- California Food and Agricultural Code Section 39521
Spread is a substitute for butter consisting of mixtures of compounds which may include milk solids-not-fat and edible oils and fats that is made in...
- California Food and Agricultural Code Section 39701
"UHT" when used to describe a dairy product or a product resembling a milk product means that the product has been hermetically sealed in a...
- California Food and Agricultural Code Section 39702
(a) All products defined in this chapter shall be labeled in accordance with the applicable general labeling requirements of the Grade A Pasteurized Milk Ordinance...
- California Food and Agricultural Code Section 39711
UHT milk and UHT cream is market milk or market cream processed and packaged pursuant to Section 39701. A harmless edible stabilizer as specified in...
- California Food and Agricultural Code Section 39712
UHT milk or UHT cream shall be made from market milk or market cream which meets all the requirements of this division for the respective...
- California Food and Agricultural Code Section 39713
UHT milk shall contain not less than 3.25 percent milk fat and not less than 8.25 percent milk solids-not-fat.
- California Food and Agricultural Code Section 39714
UHT cream shall contain not less than 18 percent milk fat.
- California Food and Agricultural Code Section 39715
UHT milk or UHT cream which has been altered in composition to conform to special nutritional requirements or special dietary purposes shall include "modified" in...
- California Food and Agricultural Code Section 39721
UHT lowfat milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination thereof, processed and packaged pursuant to...
- California Food and Agricultural Code Section 39722
UHT reduced-fat milk shall contain not more than 2.1 percent milk fat and not less than 8.25 percent milk solids-not-fat. UHT lowfat or light (lite)...
- California Food and Agricultural Code Section 39723
Except as otherwise provided in this article, UHT lowfat milk shall meet all the standards and requirements which are specified in this division for market
- California Food and Agricultural Code Section 39714
UHT cream shall contain not less than 18 percent milk fat.
- California Food and Agricultural Code Section 39715
UHT milk or UHT cream which has been altered in composition to conform to special nutritional requirements or special dietary purposes shall include "modified" in...
- California Food and Agricultural Code Section 39731
UHT nonfat, skim, or fat-free milk is the product that results from the complete or partial removal of milk fat from market milk. It shall...
- California Food and Agricultural Code Section 39732
UHT nonfat, skim, or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 8.25 percent...
- California Food and Agricultural Code Section 39733
Except as otherwise provided in this article, UHT nonfat, skim, or fat-free milk shall meet all the standards and requirements that are specified in this...
- California Food and Agricultural Code Section 39741
UHT flavored milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination of them, which contains harmless sweetening,...
- California Food and Agricultural Code Section 39742
UHT flavored milk shall contain not less than 3 percent milk fat and not less than 16 1/2 percent total solids.
- California Food and Agricultural Code Section 39751
UHT flavored cream is market cream to which nonfat dry milk solids derived from market milk have been added, which contains harmless flavoring or syrup,...
- California Food and Agricultural Code Section 39752
UHT flavored cream shall contain not less than 20 percent milk fat.
- California Food and Agricultural Code Section 39761
UHT flavored reduced-fat, lowfat, or light (lite) milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination thereof,...
- California Food and Agricultural Code Section 39762
UHT flavored reduced-fat milk shall contain not more than 2.1 percent milk fat and not less than 8.25 percent milk solids-not-fat. UHT flavored lowfat or...
- California Food and Agricultural Code Section 39771
UHT flavored drink is milk or skim milk, evaporated, condensed, or dried milk, or nonfat milk solids, or any combination thereof, which contains harmless sweetening,...
- California Food and Agricultural Code Section 39781
UHT half-and-half is a product consisting of market milk, market cream, nonfat dry milk derived from market milk, and market skim milk to which edible...
- California Food and Agricultural Code Section 39782
UHT half-and-half shall contain not less than 10.5 percent milk fat and not more than six-tenths of 1 percent stabilizer by weight.
- California Food and Agricultural Code Section 39791
UHT flavored reduced-fat sour cream is a product consisting of market milk, market cream, and market skim milk to which edible stabilizers, stabilizing salts, and...
- California Food and Agricultural Code Section 39792
UHT sour flavored half-and-half shall contain not less than 9.4 percent milk fat and not more than six-tenths of 1 percent stabilizer by weight.
- California Food and Agricultural Code Section 39801
UHT sour cream is market cream cultured with the addition of pure cultures of one or more strains of lactic acid bacteria. It may include...
- California Food and Agricultural Code Section 39802
UHT sour cream shall contain not less than 18 percent milk fat and not less than one-half of 1 percent acidity, expressed as lactic acid.
- California Food and Agricultural Code Section 39811
UHT milk drink mix is a market milk product which has been processed and packaged pursuant to Section 39701.
- California Food and Agricultural Code Section 39812
UHT milk drink mix shall contain not less than 12 percent total milk solids, not less than 4 percent butterfat, and not more than one-half...
- California Food and Agricultural Code Section 39821
UHT dairy spread is a product made from milk, cream, skim milk, or nonfat milk solids, or any combination thereof, to which may be added...
- California Food and Agricultural Code Section 39822
UHT dairy spread shall contain not less than 30 percent milk fat and not more than six-tenths of 1 percent stabilizer and emulsifier combined by...
- California Food and Agricultural Code Section 39831
UHT eggnog is an unfrozen product which is made with milk, cream, evaporated or condensed milk, evaporated or condensed skim milk, dry milk solids, nonfat...
- California Food and Agricultural Code Section 39832
UHT eggnog shall contain not less than 6 percent milk fat and not less than 8.25 percent milk solids-not-fat. It shall contain not less than...
- California Food and Agricultural Code Section 39833
Except as otherwise provided in this article, UHT eggnog shall meet all the standards and requirements which are specified in this division for eggnog.
- California Food and Agricultural Code Section 39841
UHT flavored nonfat, skim, or fat-free milk is market milk from which has been removed all or part of the milk fat and to which...
- California Food and Agricultural Code Section 39842
UHT flavored nonfat, skim, or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 8.25...
- California Food and Agricultural Code Section 39901
(a) Dairy beverages are milk and dairy food beverages resembling milk or milk products. However, dairy beverages do not conform to the compositional standards for...
- California Food and Agricultural Code Section 39902
The product may not contain any added fats or oils other than milkfat, except those fats present in incidental amounts that are naturally occurring in,...
- California Food and Agricultural Code Section 39903
The product shall be pasteurized, ultra-pasteurized, or UHT processed and packaged, pursuant to the specifications and procedures for the applicable process contained in the Code...
- California Food and Agricultural Code Section 39904
The product may be cultured with safe and suitable bacterial cultures following pasteurization, ultra-pasteurization, or UHT processing.
- California Food and Agricultural Code Section 39905
This article does not apply to any product regulated under Chapter 6 (commencing with Section 38901) as a product resembling a milk product or any...
- California Food and Agricultural Code Section 39906
The label of all products subject to this standard shall be submitted to the secretary for approval prior to sale. In addition to the labeling...
- California Food and Agricultural Code Section 39907
(a) The term "dairy beverage" or "a dairy beverage" may appear on the principal display panel of the product only when milk and the components...
- California Food and Agricultural Code Section 39908
The product shall be labeled with a common or usual name of the beverage or a fanciful name that does not mislead, deceive, or confuse...
- California Food and Agricultural Code Section 39909
Each container that contains the product shall be labeled with the name and address of the manufacturer or distributor, and in the event the address...
- California Food and Agricultural Code Section 39910
If the product is labeled "Grade A," all dairy ingredients shall be derived from market milk.
- California Food and Agricultural Code Section 39911
The label of the product may contain references to, and comparisons with, a milk product if those statements, symbols, marks, designs, or representations are reasonable,...
- California Food and Agricultural Code Section 39912
No product subject to this standard shall be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions that are...
- California Food and Agricultural Code Section 40501
This chapter does not apply to any investigation which is made or any certificate which is issued by any of the following: (a) Any person,...
- California Food and Agricultural Code Section 40502
The director may cooperate with the United States Department of Agriculture in carrying out this chapter.
- California Food and Agricultural Code Section 40531
The department may investigate and certify to other states and countries, shippers, or other financially interested parties the analysis, classification, grade, quality, or condition of...
- California Food and Agricultural Code Section 40532
Every certificate which relates to the analysis, classification, condition, grade, or quality of any agricultural product, either raw or processed, and every duly certified copy...
- California Food and Agricultural Code Section 40533
Any certificate which is issued by the state pursuant to this chapter or by any person shall truly state the grade, quality, and condition of...
- California Food and Agricultural Code Section 40534
The director may contract with the United States Department of Agriculture to provide inspection and certification service for eggs and egg products and poultry meat...
- California Food and Agricultural Code Section 40535
(a) There is hereby created in the Department of Food and Agriculture Fund, the Analytical Laboratory Account, into which the residual balance of all reimbursements...
- California Food and Agricultural Code Section 40561
Any money which is collected pursuant to this chapter shall be paid into the Department of Food and Agriculture Fund.
- California Food and Agricultural Code Section 40562
Within 90 days after the end of each fiscal year, the director shall prepare a statement which shows the receipt and expenditure during the fiscal...
- California Food and Agricultural Code Section 40571
There is in the department a Shipping Point Advisory Committee consisting of nine members. The committee shall be appointed by the director and shall be...
- California Food and Agricultural Code Section 40571.1
It is hereby declared, as a matter of legislative determination, that shippers of fruits and vegetables appointed to the Shipping Point Advisory Committee pursuant to...
- California Food and Agricultural Code Section 40572
The term of office of the members of the committee is three years. Appointment of the first members shall be made so that the terms...
- California Food and Agricultural Code Section 40573
The committee shall be advisory to the director on all matters pertaining to this chapter and shall make recommendations concerning the inspection and certification services...
- California Food and Agricultural Code Section 40574
The director shall appoint an alternate for each committee member. In making these appointments, the director shall use the same criteria in selecting alternates as...
- California Food and Agricultural Code Section 40575
Alternate members shall serve at committee meetings only in the absence of the member for whom the alternate is designated to serve in place of.
- California Food and Agricultural Code Section 40576
Each member of the committee, or any alternate member serving in the absence of a regular member, may, with the approval of the director, be...
- California Food and Agricultural Code Section 40577
(a) In order to operate economically and reduce expenses that may adversely impact persons subject to this chapter, on or before May 1 of any...
- California Food and Agricultural Code Section 40577.1
The secretary may establish rules and procedures to guide the entity described in Section 40577. The procedures may provide for all of the following: (a)...
- California Food and Agricultural Code Section 40577.2
The committee shall not request that the secretary utilize, and the secretary shall not utilize, an entity a majority of whose officers and employees are...
- California Food and Agricultural Code Section 40577.3
The entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for audit during regular business hours...
- California Food and Agricultural Code Section 40577.4
The secretary may require an entity to correct or cease any activity or function that is determined by the secretary not to be in the...
- California Food and Agricultural Code Section 40577.5
The secretary shall reimburse the entity for its actual and necessary expenses upon receipt of an invoice approved by the secretary.
- California Food and Agricultural Code Section 40701
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 40702
"Processing purposes" means tomatoes intended for the commercial production of processed products such as sliced, diced, quartered, halved, and whole tomatoes, tomato paste, puree, pulp,...
- California Food and Agricultural Code Section 40703
"Committee" means the Processing Tomato Advisory Committee.
- California Food and Agricultural Code Section 40730
The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
- California Food and Agricultural Code Section 40731
The standards which are established as authorized by this chapter are the only standards of quality for processing tomatoes that the director shall enforce.
- California Food and Agricultural Code Section 40732
Tomatoes for processing purposes, except hard green tomatoes for use in the manufacture of green tomato products, shall conform to the standards established under this
- California Food and Agricultural Code Section 40760
The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. Section 58601)...
- California Food and Agricultural Code Section 40761
The committee may submit to the director proposed regulations under this chapter. The director may adopt and enforce regulations for the following: (a) Minimum standards...
- California Food and Agricultural Code Section 40781
The director may, for the purpose of inspection, enter any place where processing tomatoes may be found. The director may take for inspection samples as...
- California Food and Agricultural Code Section 40782
The director may cause the prosecution of any person violating any provision of this chapter, and may seize and hold the portion of any lot...
- California Food and Agricultural Code Section 40810
The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
- California Food and Agricultural Code Section 40811
The director shall inspect deliveries of tomatoes for processing purposes.
- California Food and Agricultural Code Section 40812
If the director finds that the tomatoes which are being delivered conform with the standards prescribed by regulations, the director shall issue a certificate to...
- California Food and Agricultural Code Section 40813
If the director finds that the tomatoes delivered do not conform with the standards prescribed by regulations, the director shall issue a notice of rejection.
- California Food and Agricultural Code Section 40814
The director is not required to perform inspection at any place where adequate inspection facilities are not provided.
- California Food and Agricultural Code Section 40815
The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such...
- California Food and Agricultural Code Section 40871
Loads of tomatoes which are offered for delivery by a producer to a processor in accordance with the terms of a contract between them shall...
- California Food and Agricultural Code Section 40872
Any load of tomatoes which is so offered for inspection and delivery that is rendered unsuitable for processing purposes as a direct result of unwarranted...
- California Food and Agricultural Code Section 40873
In addition to any other remedy, the producer so offering for inspection and delivery any load of tomatoes that has incurred any added handling costs...
- California Food and Agricultural Code Section 40874
No producer shall have any rights under this article unless he shall register each load of tomatoes with the processor at the time he offers...
- California Food and Agricultural Code Section 40901
The failure of a processor willfully and without due cause to furnish raw product containers to a producer as agreed upon, or any willful discrimination...
- California Food and Agricultural Code Section 40902
This article does not affect existing remedies for the violation of a contract but is in addition to such existing remedies.
- California Food and Agricultural Code Section 40930
The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
- California Food and Agricultural Code Section 40931
Each processor that receives deliveries of tomatoes for processing purposes is hereby designated as the authorized agent of the director to collect the inspection and...
- California Food and Agricultural Code Section 40932
The cost of the inspection and certification shall be borne equally by both the processor and the producer.
- California Food and Agricultural Code Section 40933
Any money which is collected pursuant to this article shall be remitted to the director weekly during the tomato processing season for deposit into the...
- California Food and Agricultural Code Section 40934
Except as otherwise provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned...
- California Food and Agricultural Code Section 40935
If the director determines, as to any money heretofore or hereafter collected as inspection and certification fees, that the return of the money with respect...
- California Food and Agricultural Code Section 40961
It is unlawful for any person to deliver or to accept tomatoes for processing purposes, or to process any tomatoes, which have not been certified...
- California Food and Agricultural Code Section 40962
It is unlawful for any person to deliver to a processor or for any processor to accept delivery of any load of tomatoes which has...
- California Food and Agricultural Code Section 40963
It is unlawful for any person to remove, deface, or destroy, any warning tag or notice which has been placed by a proper enforcing officer...
- California Food and Agricultural Code Section 41000
The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect.
- California Food and Agricultural Code Section 41001
There is in the department the Processing Tomato Advisory Committee, which consists of 10 members. The director shall appoint five members who shall be producers...
- California Food and Agricultural Code Section 41002
It is hereby declared, as a matter of legislative determination, that producers of tomatoes for processing and processors engaged in processing tomatoes appointed to the...
- California Food and Agricultural Code Section 41003
In making selection of the membership of the committee, the director shall take into consideration the recommendations of organizations and associations of producers of tomatoes...
- California Food and Agricultural Code Section 41004
The committee member's term of office shall be three years. Any vacancies which occur during an unexpired term shall be filled by appointment for the...
- California Food and Agricultural Code Section 41005
The committee shall be advisory to the director on all matters pertaining to standards for tomatoes for processing purposes. The committee may do any of...
- California Food and Agricultural Code Section 41006
The committee shall meet at the call of its chairman or at the request to the director of any three members of the committee. It...
- California Food and Agricultural Code Section 41007
The meetings of the committee shall be held in the office of the department at Sacramento, or elsewhere within the state, if necessary for the...
- California Food and Agricultural Code Section 41008
Each member of the committee, any alternate member serving in the absence of a regular member, and any member of an advisory committee appointed by...
- California Food and Agricultural Code Section 41009
The director shall appoint an alternate member for each committee member. In making the appointments the director shall appoint a producer as alternate for each...
- California Food and Agricultural Code Section 41010
Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as alternate.
- California Food and Agricultural Code Section 41101
The director shall have supervision and control over the commissioners and their deputies or inspectors in the performance of their duties under this chapter.
- California Food and Agricultural Code Section 41102
The certificates which are provided for in this chapter are prima facie evidence of the true average soluble solids test of all of the grapes...
- California Food and Agricultural Code Section 41131
This chapter does not apply to grapes which are marketed by or through a nonprofit cooperative marketing association unless the board of directors of the...
- California Food and Agricultural Code Section 41132
This chapter does not affect the right of a purchaser of grapes for wine and byproducts purposes to specify a minimum percentage of soluble solids...
- California Food and Agricultural Code Section 41161
In order to prevent fraud and deception in any transaction which involves fresh grapes for wine and byproducts purposes, that requires the extraction or pressing...
- California Food and Agricultural Code Section 41162
Each lot or load of such grapes which is delivered shall be tested at or immediately after the time of delivery and the average soluble...
- California Food and Agricultural Code Section 41163
Each commissioner shall provide for the taking of samples, making tests, and issuing the certificates which are required in this chapter.
- California Food and Agricultural Code Section 41164
The board of supervisors of the county shall establish a scale and method of collection of fees, to be paid for each certificate which is...
- California Food and Agricultural Code Section 41191
Notwithstanding any other provisions which are contained in this chapter and in lieu of such determinations by the commissioner, the director may make determinations of...
- California Food and Agricultural Code Section 41192
In order to prevent fraud and deception in any transaction which involves fresh grapes for wine and byproducts purposes, when the percentage of rot or...
- California Food and Agricultural Code Section 41193
When any transaction involves fresh grapes for wine and byproducts purposes, the purchaser shall notify the seller, in writing, prior to delivery, of the conditions...
- California Food and Agricultural Code Section 41194
For the purpose of carrying out this article, the director may establish necessary regulations, including reasonable fees which are to be charged for the services...
- California Food and Agricultural Code Section 41195
Any money which is received pursuant to this article shall be paid into the Department of Food and Agriculture Fund to be expended in carrying...
- California Food and Agricultural Code Section 41201.5
There is in the department a Wine Grape Inspection Advisory Committee consisting of eight wine producers and eight wine grape growers appointed by the director....
- California Food and Agricultural Code Section 41202
The Legislature hereby declares that it intends that the wine producers and wine grape growers appointed to the Wine Grape Inspection Advisory Committee pursuant to...
- California Food and Agricultural Code Section 41203
The term of office of each member of the committee is three years.
- California Food and Agricultural Code Section 41204
The members of the committee, alternate members when acting as members or when requested to perform certain actions by the committee, and subcommittee members, may...
- California Food and Agricultural Code Section 41205.5
The members of the committee, or their voting alternates, consisting of at least five producers and five processors, shall constitute a quorum. Any action of...
- California Food and Agricultural Code Section 41206
The committee shall select a chairperson and a vice chairperson from among its members, and other officers as it deems necessary. The committee may adopt...
- California Food and Agricultural Code Section 41207.5
(a) The committee shall be advisory to the director on all matters pertaining to this chapter and certification of the quality of grapes used for...
- California Food and Agricultural Code Section 41207.6
(a) In order to operate economically and reduce expenses that may adversely impact persons subject to this chapter, the committee may, on or before January...
- California Food and Agricultural Code Section 41207.7
The director may provide rules and procedures to be used by the entity in administering this chapter. The procedures may include: (a) Employment, training, supervision,...
- California Food and Agricultural Code Section 41207.8
The committee shall not recommend and the director shall not utilize, an entity a majority of whose officers and employees are persons regulated by this
- California Food and Agricultural Code Section 41207.9
The entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for audit during regular business hours...
- California Food and Agricultural Code Section 41207.10
The director may require an entity to correct or cease any activity or function that is determined by the director not to be in the...
- California Food and Agricultural Code Section 41207.11
The director shall reimburse the entity for its actual and necessary expenses upon receipt of an approved invoice.
- California Food and Agricultural Code Section 41208
The committee shall meet at the call of the chairperson or at the request to the director of any three members of the committee. The...
- California Food and Agricultural Code Section 41209
The director shall appoint an alternate member for each committee member. In making the appointments, the director shall appoint a wine producer as the alternate...
- California Food and Agricultural Code Section 41210
Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as the alternate.
- California Food and Agricultural Code Section 41211
(a) The director, in consultation with the University of California and the California State University, shall conduct a study on the feasibility of establishing a...
- California Food and Agricultural Code Section 41301
This chapter provides certain standards of quality, condition, or fill of container and requirements for marking of fruits and vegetables, including olives, which are packed...
- California Food and Agricultural Code Section 41302
Any act that is made unlawful by Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code is not made...
- California Food and Agricultural Code Section 41303
Any person or any common carrier may refuse to accept for shipment or transportation, and may refuse to ship or to transport, any canned fruit,...
- California Food and Agricultural Code Section 41331
The State Director of Health Services shall be charged with the enforcement of this chapter and for that purpose he shall have all the powers...
- California Food and Agricultural Code Section 41332
The State Director of Health Services, for the purpose of enforcing this chapter, may do all of the following: (a) Enter and inspect every place...
- California Food and Agricultural Code Section 41361
The following fruits and vegetables shall not be canned, packed, shipped, or sold within this state: (a) Fruits or vegetables which are unclean, immature, mouldy,...
- California Food and Agricultural Code Section 41362
In addition to the standards and requirements which are prescribed by Section 41361, the standard of quality, condition, and fill of container and requirements for...
- California Food and Agricultural Code Section 41421
Tolerances above or below the count per pound of a designated size of olives shall be established which conform to the tolerances adopted by the...
- California Food and Agricultural Code Section 41441
The following varieties of ripe olives shall not be packed, shipped, delivered for shipment, or sold within this state, as whole or pitted or broken...
- California Food and Agricultural Code Section 41551
Except as otherwise provided in Section 41552, any person, firm, company, or corporation that violates any provision of this chapter is guilty of a misdemeanor,...
- California Food and Agricultural Code Section 41552
A person shall not be convicted of a violation of any provision of this chapter if such person establishes a guaranty, which is signed by...
- California Food and Agricultural Code Section 41553
One-half of all fines which are collected by any court or judge, for the violations of the provisions of this chapter shall be paid to...
- California Food and Agricultural Code Section 41581
If the State Director of Health Services finds, after investigation and examination, that any canned fruits or vegetables, including olives, that are found in the...
- California Food and Agricultural Code Section 41582
Canned fruits or vegetables, including olives, which are found to be mislabeled or misbranded within the meaning of this chapter may, by order of any...
- California Food and Agricultural Code Section 41701
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 41702
"Dehydrating garlic or onions" means garlic or onions which are suitable for dehydration purposes.
- California Food and Agricultural Code Section 41703
"Dehydration purposes" means the commercial dehydration of garlic and onions.
- California Food and Agricultural Code Section 41710
The secretary shall not enforce this article, Article 3 (commencing with Section 41721), Article 5 (commencing with Section 41751), Article 6 (commencing with Section 41801),...
- California Food and Agricultural Code Section 41711
The secretary shall initially adopt the American Dehydrated Onion and Garlic Association quality standards for garlic and onions suitable for dehydration purposes. Those standards shall...
- California Food and Agricultural Code Section 41712
Except as otherwise provided in Section 41713, quality standards which are established pursuant to this chapter are the only standards of quality for dehydrating garlic...
- California Food and Agricultural Code Section 41713
The quality standards which are established pursuant to this chapter shall be considered as a grade under Chapter 1 (commencing with Section 40501). If a...
- California Food and Agricultural Code Section 41721
The secretary by regulation may do all of the following: (a) Prescribe methods of selecting samples of lots, loads, or containers of garlic and onions...
- California Food and Agricultural Code Section 41731
The secretary, for the purpose of inspection, may enter any place where garlic or onions for dehydration purposes may be found and take for inspection...
- California Food and Agricultural Code Section 41732
The secretary may cause the prosecution of any person violating any provision of this chapter, and may seize and hold a portion of any lot...
- California Food and Agricultural Code Section 41751
By mutual agreement between the grower and the dehydrator, deliveries of garlic or onion for dehydration purposes may be weighed by a certified weighmaster and...
- California Food and Agricultural Code Section 41752
The secretary shall inspect all sale or contract deliveries of garlic or onions for dehydration purposes, except garlic or onions grown and dehydrated by a...
- California Food and Agricultural Code Section 41752.5
Upon inspection of each load or lot, the secretary shall issue a certificate that shows the weight or percentage of garlic or onions by defect...
- California Food and Agricultural Code Section 41753
The secretary may adopt regulations concerning the place of inspection and location of inspection stations after notice and public hearing. In adopting regulations, the secretary...
- California Food and Agricultural Code Section 41754
The secretary may review the operation of any inspection station that is not located at a dehydrator during a period beginning November 1st of any...
- California Food and Agricultural Code Section 41755
If the operators of dehydrators do not consent to termination prior to the date that is set forth in Section 41754, the secretary may hold...
- California Food and Agricultural Code Section 41756
The secretary may announce to all of the parties of record who will be affected by the action that inspection is terminated for the ensuing...
- California Food and Agricultural Code Section 41757
The secretary is not required to perform inspection at any place where adequate inspection facilities are not provided.
- California Food and Agricultural Code Section 41758
The inspection certificate which is issued pursuant to this chapter is prima facie evidence of the percentage of defects according to the definition of such...
- California Food and Agricultural Code Section 41801
The secretary shall adopt a schedule of uniform fees to defray the cost of administering this chapter.
- California Food and Agricultural Code Section 41802
Each operator of a dehydrator that receives deliveries of garlic or onions for dehydration purposes is hereby designated as the authorized agent of the secretary...
- California Food and Agricultural Code Section 41803
The cost of such inspection shall be borne equally by both the operator of a dehydrator and the grower.
- California Food and Agricultural Code Section 41804
Any money that is collected pursuant to this article shall be remitted to the secretary weekly during the garlic and onions dehydration season for deposit...
- California Food and Agricultural Code Section 41805
Except as provided in this article, any money which is so collected and not used for the purposes of this chapter shall be returned to...
- California Food and Agricultural Code Section 41806
If the secretary determines, as to any money collected as inspection and certification fees, that the return of the money with respect to any dehydration...
- California Food and Agricultural Code Section 41831
It is unlawful for any person to make delivery or for any person to accept delivery of garlic or onions for dehydration purposes, or to...
- California Food and Agricultural Code Section 41832
Except as provided in regulations adopted pursuant to this chapter, until each such shipment or delivery of garlic or onions for dehydration purposes has been...
- California Food and Agricultural Code Section 41861
As used in this article, "committee" means the Garlic and Onion Dehydrator Advisory Committee.
- California Food and Agricultural Code Section 41862
There is in the department the Garlic and Onion Dehydrator Advisory Committee, which consists of 11 members and their alternates. The secretary shall appoint five...
- California Food and Agricultural Code Section 41863
In selecting the membership of the committee, the secretary shall take into consideration the recommendations of organizations and associations of producers of garlic and onions...
- California Food and Agricultural Code Section 41864
The term of office of the members of the committee is three years. Appointment of the first members of the committee shall be so made...
- California Food and Agricultural Code Section 41865
The committee shall be advisory to the secretary on all matters pertaining to quality standards for garlic and onions for dehydrating purposes. The committee may...
- California Food and Agricultural Code Section 41865.1
(a) In order to operate economically and reduce the expenses that may adversely impact persons subject to this chapter, the committee may, on or before...
- California Food and Agricultural Code Section 41865.2
(a) The secretary may establish rules and procedures to be used by the government agency or private entity in administering this chapter. The procedures may...
- California Food and Agricultural Code Section 41865.3
The committee shall not recommend and the secretary shall not utilize, a private entity a majority of whose officers and employees are persons regulated by...
- California Food and Agricultural Code Section 41865.4
The government agency or private entity shall keep an accurate record of expenses incurred in performing its responsibilities. Those records shall be available for not...
- California Food and Agricultural Code Section 41865.5
The secretary may require the government agency or private entity to correct or cease any activity or function that is determined by the secretary not...
- California Food and Agricultural Code Section 41865.6
The secretary shall reimburse the government agency or private entity, upon receipt of an invoice approved by the secretary, for the actual and necessary expenses...
- California Food and Agricultural Code Section 41865.7
All expenses incurred in carrying out Section 41865.1 shall be paid from fees collected under this chapter.
- California Food and Agricultural Code Section 41866
The committee shall meet at the call of its chairperson or at the request to the secretary of any three members of the committee. It...
- California Food and Agricultural Code Section 41867
Each member of the committee, any alternate member serving in the absence of a regular member, and any member of an advisory committee appointed by...
- California Food and Agricultural Code Section 42501
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- California Food and Agricultural Code Section 42502
"Agent" means broker, commission merchant, auctioneer, solicitor, seller on consignment, and any other person that is acting upon the actual or implied authority of another.
- California Food and Agricultural Code Section 42503
"Bulk lot" or "bulk load" of any fresh or dried fruit, nut, or vegetable means any one group of specimens of such product which is...
- California Food and Agricultural Code Section 42504
"Byproduct" means any product which is commercially processed, preserved, or manufactured from fruits, nuts, or vegetables, except fresh citrus fruit juices, with or without the...
- California Food and Agricultural Code Section 42505
"Closed container" means lidded container, as defined in Section 42511.
- California Food and Agricultural Code Section 42506
"Container" means any box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, or other receptacle.
- California Food and Agricultural Code Section 42507
"Cross section" means the section of the fruit or vegetable that is taken at a right angle to a straight line which is drawn from...
- California Food and Agricultural Code Section 42508
"Deceptive arrangement" or "deceptive display" of fresh or dried fruits, nuts, or vegetables means any bulk lot or load, arrangement, or display of such products...
- California Food and Agricultural Code Section 42509
"Deceptive pack" means any container or subcontainer which has in the outer layer or any exposed surface, fruits, nuts, or vegetables which are in quality,...
- California Food and Agricultural Code Section 42510
"Fruits, nuts, or vegetables" means the food product of any tree, vine, or plant.
- California Food and Agricultural Code Section 42511
"Lidded container" and "closed container" are synonymous and, unless otherwise specifically defined in this part, mean any container of which 40 percent or more of...
- California Food and Agricultural Code Section 42512
"Manufacturing" means processing, as defined in Section 42519.
- California Food and Agricultural Code Section 42513
"Mature," except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a degree...
- California Food and Agricultural Code Section 42514
"Mislabel" means the placing or presence of any false or misleading statement, design, or device, upon any of the following: (a) Any container. (b) The...
- California Food and Agricultural Code Section 42515
"Overripe" means having reached an advanced state of maturity which causes the product to be undesirable for human consumption in a fresh state.
- California Food and Agricultural Code Section 42516
"Pack," "packing," or "packed" means the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer.
- California Food and Agricultural Code Section 42517
"Placard" means any sign, label, or designation, except an oral designation, which is used in connection with any fresh or dried fruit, nut, or vegetable...
- California Food and Agricultural Code Section 42518
"Preserving" means processing, as defined in Section 42519.
- California Food and Agricultural Code Section 42519
"Processing" means canning, preserving, or fermenting, which materially alters the flavor, keeping quality, or any other property, the extracting of juices or other substances, or...
- California Food and Agricultural Code Section 42520
"Subcontainer" means any container which is being used within another container.
- California Food and Agricultural Code Section 42651
The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director shall enforce...
- California Food and Agricultural Code Section 42652
The refusal of any officer who is authorized under this division to carry out the orders and directions of the director in the enforcement of...
- California Food and Agricultural Code Section 42653
The director, through the chief of the branch of the department which has jurisdiction over the enforcement of this division, or any deputy, inspector, or...
- California Food and Agricultural Code Section 42654
The director may maintain state inspection stations at such places as he deems necessary for the purpose of enforcing the standardization provisions of this code.
- California Food and Agricultural Code Section 42681
The director by regulation may do all of the following: (a) Prescribe methods of selecting samples of lots or containers of fruits, nuts, and vegetables...
- California Food and Agricultural Code Section 42682
The director may, upon a petition of a person that the director finds has a substantial interest in the growing or handling of the particular...
- California Food and Agricultural Code Section 42683
It is the intention of the Legislature that the director, in promulgating regulations concerning standard containers, lids, marking, sizing, consumer packages or packing requirements for...
- California Food and Agricultural Code Section 42684
(a) It is hereby declared that the establishment and maintenance of minimum standards of quality and maturity for fruits, nuts, and vegetables is essential to...
- California Food and Agricultural Code Section 42685
(a) Upon recommendation of the commissioner and upon making a finding that extraordinary circumstances have resulted in the need for inspection of imported fruits, nuts,...
- California Food and Agricultural Code Section 42761
The director may inspect and certify to any marketing order advisory board, handler, association, or financially interested person the analysis, classification, quality, or condition of...
- California Food and Agricultural Code Section 42762
The regulations may include reasonable fees which are to be charged for such services and for the acceptance of advance fees to effectuate such inspection....
- California Food and Agricultural Code Section 42763
Any money which is received pursuant to this article shall be paid into the Department of Food and Agriculture Fund to be expended in carrying...
- California Food and Agricultural Code Section 42791
The commissioner of each county and any qualified representative of the commissioner may, upon request, issue certificates which state that the fruits, nuts, or vegetables...
- California Food and Agricultural Code Section 42792
The certificate shall contain a description of the fruits, nuts, or vegetables which were inspected, including quantity, indentifying marks on containers, identification of location or...
- California Food and Agricultural Code Section 42792.1
(a) The board of supervisors of a county with a mandatory inspection ordinance for any commodity may by county ordinance, in lieu of the certificate...
- California Food and Agricultural Code Section 42793
(a) The board of supervisors of the county may establish a schedule of fees for the certification inspection or certificates to be paid by owners,...
- California Food and Agricultural Code Section 42794
Any lot of fruits, nuts, or vegetables which bears or is accompanied by a certificate of inspection that readily identifies such lot which was issued...
- California Food and Agricultural Code Section 42795
(a) The board of supervisors of the county may establish reasonable fees to cover the cost incurred by commissioners in the enforcement of standards for...
- California Food and Agricultural Code Section 42796
(a) This section applies to lots of fruits, nuts, and vegetables imported into California which have not been sold, offered for sale, distributed in this...
- California Food and Agricultural Code Section 42801
Notwithstanding any other provision of this division, the director shall create an industry-funded standardization program for the purposes of implementing and enforcing this division.
- California Food and Agricultural Code Section 42802
The director shall adopt regulations he or she determines are reasonably necessary to carry out this article, including, but not limited to, establishing assessment rates...
- California Food and Agricultural Code Section 42803
(a) Commencing on January 1, 1997, and until March 31, 1997, producers of commodities subject to this article may file a petition with the secretary...
- California Food and Agricultural Code Section 42804
(a) On and after March 31, 1997, the secretary shall exempt any commodity subject to this article and repeal all regulations pertaining to the commodity...
- California Food and Agricultural Code Section 42805
A commodity producer or handler subject to Article 1 (commencing with Section 44971) of Chapter 9, or any other similar provision in this division that...
- California Food and Agricultural Code Section 42806
(a) The director shall adopt regulations establishing assessment rates set by the committee established pursuant to Section 42809. The committee shall set the rates on...
- California Food and Agricultural Code Section 42807
Notwithstanding Section 42806, on January 1, 1997, and thereafter until altered, rescinded, or eliminated, the assessment rate for those commodities that are not otherwise subject...
- California Food and Agricultural Code Section 42808
(a) Every person acting as a handler of commodities subject to this division shall do all of the following: (1) Register with the director and...
- California Food and Agricultural Code Section 42809
(a) The secretary shall appoint a committee pursuant to subdivision (b) to provide recommendations and advice on all matters pertaining to the implementation and enforcement...
- California Food and Agricultural Code Section 42810
(a) Except as provided in subdivisions (b) and (c), the term of office of any member of the committee shall be two years. (b) With...
- California Food and Agricultural Code Section 42811
The members of the committee shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in the performance of their duties as determined...
- California Food and Agricultural Code Section 42812
The director shall adopt regulations establishing assessment rates set by the committee as required by Section 42806. In addition, the director shall seek the advice...
- California Food and Agricultural Code Section 42813
Except as otherwise provided in Section 42807 with respect to assessments, in adopting, amending, or repealing regulations pursuant to this article, the director shall accept...
- California Food and Agricultural Code Section 42815
This article shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, which becomes...
- California Food and Agricultural Code Section 42821
An enforcing officer may enter and inspect any place or conveyance within the county or district over which he has jurisdiction, where any fresh or...
- California Food and Agricultural Code Section 42822
An enforcing officer shall cause the prosecution of any person whom he knows or has reason to believe is guilty of violating any provision of...
- California Food and Agricultural Code Section 42823
Any enforcing officer may, while enforcing this division, seize and hold as evidence all or any part of any pack, load, bulk lot, consignment or...
- California Food and Agricultural Code Section 42824
Any prosecution for the violation of any provision of this division may be made in any county where any part of the offense occurred.
- California Food and Agricultural Code Section 42825
Any evidence which is taken by an enforcing officer in any county may be admitted in evidence in any prosecution in any other county.
- California Food and Agricultural Code Section 42851
Any sample which is taken pursuant to this division is prima facie evidence of the true conditions of the entire lot in the examination of...
- California Food and Agricultural Code Section 42852
A written notice of violation, which is issued by a duly qualified representative of the director or by any commissioner or any qualified representative of...
- California Food and Agricultural Code Section 42881
The enforcing officer may, and if requested by an enforcing officer of the county of destination shall, affix a warning notice to any vehicle or...
- California Food and Agricultural Code Section 42882
The warning notice, the disposal order which directs the proper disposition of such products, and the disposal order receipt to be signed by an enforcing...
- California Food and Agricultural Code Section 42883
The enforcing officer at the point of destination of such load or lot shall determine that the load or lot has been delivered to the...
- California Food and Agricultural Code Section 42884
It is unlawful for any person to deliver any load or lot of fruits, nuts, or vegetables which is subject to a disposal order to...
- California Food and Agricultural Code Section 42885
It is unlawful for any person to dispose of any load or lot of fruits, nuts, or vegetables which is subject to a disposal order...
- California Food and Agricultural Code Section 42886
It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables, for which a disposal order has been issued, in...
- California Food and Agricultural Code Section 42911
Any person, forwarding company, or common carrier may decline to ship or transport any fruits, nuts, or vegetables if it is notified by any enforcing...
- California Food and Agricultural Code Section 42912
A carrier which is subject to the jurisdiction of the Public Utilities Commission that transports any fruits, nuts, or vegetables in the ordinary course of...
- California Food and Agricultural Code Section 42941
It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell...
- California Food and Agricultural Code Section 42942
It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport, or sell a deceptive pack, bulk lot, bulk load,...
- California Food and Agricultural Code Section 42943
(a) It is unlawful for any person to mislabel any fruit, nut, or vegetable, or place or have any false or misleading statement or designation...
- California Food and Agricultural Code Section 42944
It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any...
- California Food and Agricultural Code Section 42945
(a) It is unlawful for any person to remove or dispose of any fruits, nuts, or vegetables, or their containers to which any warning tag...
- California Food and Agricultural Code Section 42946
Except as otherwise provided, it is unlawful for any person to pack any fruits, nuts, or vegetables in layers in any container which has straight...
- California Food and Agricultural Code Section 42947
It is unlawful for any person to pack any mixture of fresh or dried fruits, with or without nuts, glazed fruits, or confections, unless the...
- California Food and Agricultural Code Section 42948
(a) It is unlawful for any person to refuse to submit any container, subcontainer, load, or display of fruits, nuts, or vegetables to the inspection...
- California Food and Agricultural Code Section 42949
(a) It is unlawful for any person to alter in any respect any certificate of inspection, notice of violation, report, statement, or other document that...
- California Food and Agricultural Code Section 42950
It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, or sell any nuts, fresh fruits,...
- California Food and Agricultural Code Section 42951
(a) It is unlawful for any person to adulterate any solution or chemical or to alter any instrument or any other device provided to an...
- California Food and Agricultural Code Section 42971
(a) Unless otherwise specified, a violation of this division is an infraction punishable by a fine of not more than five hundred dollars ($500). (b)...
- California Food and Agricultural Code Section 43001
Any person that violates any provision of this division shall, in addition to any penalty which is otherwise provided, be liable civilly, in an action...
- California Food and Agricultural Code Section 43002
The director may bring an action to enjoin the second or other repeated violation, or threatened second or other repeated violation, of any provision of...
- California Food and Agricultural Code Section 43003
(a) In lieu of civil prosecution, the secretary or the commissioner may levy a civil penalty against any person violating this division or any regulation...
- California Food and Agricultural Code Section 43004
Any action for any civil penalty or other civil remedy which is provided for under this division shall be commenced within three years from the...
- California Food and Agricultural Code Section 43031
Any lot of fruits, nuts, or vegetables, including its containers, which is not in compliance in all respects with this division and the regulations which...
- California Food and Agricultural Code Section 43032
Any enforcing officer, if he has reason to believe that any lot of fruits, nuts, or vegetables is not in compliance with this division or...
- California Food and Agricultural Code Section 43033
The officer may affix to any lot so held a tag or notice which warns that the lot is held and states the reason why...
- California Food and Agricultural Code Section 43034
The officer by whom any lot of fruits, nuts, or vegetables is held shall cause notice of noncompliance to be served upon the person in...
- California Food and Agricultural Code Section 43035
If the person served is not the sole owner of the lot, or does not have authority as agent for the owner to bring the...
- California Food and Agricultural Code Section 43036
If the lot has not been reconditioned or the deficiency otherwise corrected so as to bring it into compliance within the time specified in the...
- California Food and Agricultural Code Section 43037
Any notice which is required by this article may be served personally or by mail which is addressed to the person to be served at...
- California Food and Agricultural Code Section 43038
The enforcing officer, with the written consent of all such persons served, may destroy such lot or otherwise abate the nuisance. If any such person...
- California Food and Agricultural Code Section 43039
If the lot which is held is perishable or subject to rapid deterioration, the enforcing officer may file a verified petition in superior court to...
- California Food and Agricultural Code Section 43040
If the lot which is held is not perishable or subject to rapid deterioration, the enforcing officer shall immediately report the condition of the lot...
- California Food and Agricultural Code Section 43041
The court may enter judgment ordering that the lot be condemned and destroyed in the manner which is directed by the court or relabeled, denatured,...
- California Food and Agricultural Code Section 43061
The board of supervisors of a county may require registration and establish a schedule of annual registration fees to be paid by any person who...
- California Food and Agricultural Code Section 43062
Section 43061 does not apply to any of the following: (a) Any person acting as a retail merchant, as that term is described in Section...
- California Food and Agricultural Code Section 43063
"Costs," as used in this article, means direct costs only in the administration and enforcement of this division at places other than places operated by...
- California Food and Agricultural Code Section 43064
It is unlawful for any person to operate as a wholesaler of fruits and vegetables under this division in any county with registration as established...
- California Food and Agricultural Code Section 43065
(a) A fruit and vegetable wholesaler registration issued pursuant to Section 43061 may be refused, revoked, or suspended by the commissioner for any violation of...
- California Food and Agricultural Code Section 43100
(a) The terms "California grown," "California-grown," and similar terms with identical connotations shall be used in the labeling or advertising of agricultural products as follows:...
- California Food and Agricultural Code Section 43331
It is unlawful for any person to use or dispose of any fruits, nuts, or vegetables for which a permit has been issued, in any...
- California Food and Agricultural Code Section 43332
It is unlawful for any person who has been issued a valid permit pursuant to regulations established by the director to sell, buy, receive, transport,...
- California Food and Agricultural Code Section 43333
It is unlawful for any person to sell or offer for transportation or delivery any fruits, nuts, or vegetables which fail to conform to the...
- California Food and Agricultural Code Section 43571
The provisions of this division shall not be construed to prohibit the shipment, transportation or movement of melons and vegetables in field bins or bulk...
- California Food and Agricultural Code Section 44971
(a) The handling and marketing of avocados is affected with the public interest. The provisions of this chapter are enacted for the protection of the...
- California Food and Agricultural Code Section 44972
If the director finds that avocados which are being prepared for market conform to the applicable standards, he shall so indicate by an official stamp...
- California Food and Agricultural Code Section 44973
It is unlawful for any person, including a grower, packer, handler, or retailer to pack, handle, or sell any lot of avocados which are not...
- California Food and Agricultural Code Section 44974
(a) Any violation or threatened violation of any provision of this chapter or regulations of the director established pursuant to this chapter is unlawful and...
- California Food and Agricultural Code Section 44975
(a) Each handler of avocados shall pay to the director an inspection and certification fee each month. The fee shall be based on the number...
- California Food and Agricultural Code Section 44976
The moneys which are received pursuant to this chapter shall be used only for the administration and enforcement of this chapter, including, but not limited...
- California Food and Agricultural Code Section 44977
The director may adopt such regulations as he determines are reasonably necessary to carry out the provisions of this chapter.
- California Food and Agricultural Code Section 44978
The director may enter into an agreement with any county agricultural commissioner for assistance in the enforcement of this chapter.
- California Food and Agricultural Code Section 44979
It is unlawful for any person to fail to comply with the provisions of this chapter and the regulations of the director adopted pursuant thereto.
- California Food and Agricultural Code Section 44980
Every person who prepares avocados grown in this state for market shall report to the director, prior to this preparation, the date and time these...
- California Food and Agricultural Code Section 44980.5
The director may prescribe a higher frequency of inspection or surveillance of a person or firm handling or packing avocados for sale, if the director...
- California Food and Agricultural Code Section 44981
(a) Inspection to determine maturity of avocados may be performed prior to preparation for market, either at roadside by the orchard or enroute to or...
- California Food and Agricultural Code Section 44982
Each handler of avocados shall prepare and retain for two years up-to-date records of daily transactions. These records shall contain, but not be limited to,...
- California Food and Agricultural Code Section 44983
It shall be unlawful for any person to falsify or cause to be falsified the record or information required to be kept pursuant to Section
- California Food and Agricultural Code Section 44984
Any handler, packer, shipper, transporter, or grower of avocados who is required to keep records pursuant to Section 44982, shall allow the director or his...
- California Food and Agricultural Code Section 44985
The director may authorize the issuance and use of, or revocation of, a certification stamp as provided for under this chapter.
- California Food and Agricultural Code Section 44986
It is unlawful for any person to do any of the following: (a) Use a certification stamp for certifying containers or lots of avocados for...
- California Food and Agricultural Code Section 44987
In lieu of the certification stamp required under this chapter, the director may authorize issuance of a permit to any person or firm engaged in...
- California Food and Agricultural Code Section 44988
(a) The director may promulgate regulations which establish maturity standards governing the time at which avocados may be harvested. The regulations shall include minimum maturity...
- California Food and Agricultural Code Section 45011
There is in the department the Avocado Inspection Committee, which consists of six members. The director shall appoint three members and one alternate member who...
- California Food and Agricultural Code Section 45012
Upon the director's request, the committee shall submit to the director the name of a natural person, who shall be a citizen and resident of...
- California Food and Agricultural Code Section 45013
The committee member's term of office shall be two years. Appointment of the first members shall be made so that the terms of office of...
- California Food and Agricultural Code Section 45014
The committee shall be advisory to the director, and to the California Avocado Commission if it decides to act pursuant to Section 67095, on all...
- California Food and Agricultural Code Section 45015
(a) In adopting regulations pursuant to this chapter, the director shall accept the recommendations of the advisory committee whenever he or she finds them to...
- California Food and Agricultural Code Section 45016
Committee members shall be compensated for all reasonable expenses incurred in the performance of their duties, as determined by the committee and concurred in by...
- California Food and Agricultural Code Section 45017
(a) The committee may recommend to the director that avocados subject to weather-related damage not be harvested for a specified period of time and the...
- California Food and Agricultural Code Section 45021
(a) The requirements specified in this chapter, including, but not limited to, the setting, collection, and handling of inspection and certification fees and other costs...
- California Food and Agricultural Code Section 45031
Every person who is in possession of over 25 pounds of avocados that are produced in this state shall possess a record of proof of...
- California Food and Agricultural Code Section 45032
(a) Upon probable cause to believe any avocados regulated by this chapter are in unlawful possession, proof of ownership shall be made available for inspection...
- California Food and Agricultural Code Section 45033
A bill of lading, bill of sale, certified farmers certificate, any data obtainable by electronic transmission which is accessible to a common carrier, or a...
- California Food and Agricultural Code Section 45034
It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership.
- California Food and Agricultural Code Section 45035
A copy of the proof of ownership record shall be retained by the buyer and seller for a period of one year after sale.
- California Food and Agricultural Code Section 45036
This article does not apply to avocados transported and accompanied by a valid permit, disposal order, or certificate issued by the director or the commissioner...
- California Food and Agricultural Code Section 45037
Upon probable cause to believe avocados regulated by this chapter are being unlawfully transported, any peace officer may stop the transporting vehicle and request a...
- California Food and Agricultural Code Section 45038
Upon reasonable belief that a person is in unlawful possession of avocados regulated by this chapter, the avocados may be seized by the director or...
- California Food and Agricultural Code Section 45039
The director or a peace officer may investigate to ascertain the ownership of any avocados that have been held pursuant to this chapter. If the...
- California Food and Agricultural Code Section 45040
(a) If for any reason the avocados are not released to the rightful owner after being in the custody of the secretary for 48 hours...
- California Food and Agricultural Code Section 45041
(a) Unless otherwise specified, a violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). (b)...
- California Food and Agricultural Code Section 45042
This article establishes minimal requirements for the transportation, identification, disposition, and use of funds derived from the disposition of avocados seized pursuant to this article....
- California Food and Agricultural Code Section 46000
(a) This chapter shall be known, and may be cited as, the California Organic Products Act of 2003. (b) The secretary and county agricultural commissioners...
- California Food and Agricultural Code Section 46001
This act shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the...
- California Food and Agricultural Code Section 46002
(a) All organic food or product regulations and any amendments to those regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7...
- California Food and Agricultural Code Section 46003
(a) The secretary shall establish an advisory committee, which shall be known as the California Organic Products Advisory Committee, for the purpose of advising the...
- California Food and Agricultural Code Section 46003.5
(a) Following the promulgation of the national materials list by the United States Department of Agriculture pursuant to the federal Organic Foods Production Act of...
- California Food and Agricultural Code Section 46004
(a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 7 (commencing with Section 110810) of Chapter...
- California Food and Agricultural Code Section 46004.1
Unless defined pursuant to the National Organic Program (NOP), the following words and phrases, when used in this act, shall have the following meanings: (a)...
- California Food and Agricultural Code Section 46005
This act shall apply notwithstanding any other provision of law that is inconsistent with this act. Nothing in this act is intended to repeal any...
- California Food and Agricultural Code Section 46006
At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this chapter or Article 7...
- California Food and Agricultural Code Section 46007
(a) Any penalties collected by the secretary and any fees collected by a county agricultural commissioner pursuant to this chapter shall be deposited in the...
- California Food and Agricultural Code Section 46008
(a) Article 14 (commencing with Section 43031) of Chapter 2 of the Food and Agricultural Code applies to any product that is represented as organically...
- California Food and Agricultural Code Section 46009
Any person subject to this act that does not pay the registration fee within 10 days of the date on which the fee is due...
- California Food and Agricultural Code Section 46010
This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the...
- California Food and Agricultural Code Section 46010.5
No fee established and collected pursuant to this chapter shall exceed the department's costs or the county agricultural commissioner's costs, as the case may be,...
- California Food and Agricultural Code Section 46011
This act shall not apply to the term "natural" when used in the labeling or advertising of a product.
- California Food and Agricultural Code Section 46012
Article 14 (commencing with Section 43031) of Chapter 2 applies to any food product that is represented as organically produced by any person who is...
- California Food and Agricultural Code Section 46013
Any producer, handler, processor, or registered certification organization subject to this chapter that does not pay the fee within 10 days of the date on...
- California Food and Agricultural Code Section 46013.1
(a) Every person engaged in this state in the production or handling of raw agricultural products sold as organic, and retailers that are engaged in...
- California Food and Agricultural Code Section 46013.2
(a) To the extent feasible, the secretary shall coordinate the registration and fee collection procedures of this section with similar licensing or registration procedures applicable...
- California Food and Agricultural Code Section 46014
This chapter also applies to seed, fiber, and horticultural products. The terms "foods" and "raw agricultural commodities" as used in this chapter, and in Article...
- California Food and Agricultural Code Section 46014.1
(a) Any certification organization that certifies product in this state sold as organic shall register with the secretary and shall thereafter annually renew the registration,...
- California Food and Agricultural Code Section 46014.2
(a) All products sold as organic in California shall be certified by a federally accredited certifying agent, if they are required to be certified under...
- California Food and Agricultural Code Section 46014.4
A registered certification organization shall submit to the secretary every January and June a list of all persons whose production or processing of product in...
- California Food and Agricultural Code Section 46014.6
Only products that have been produced and handled in accordance with this act may be certified by a registered certification organization.
- California Food and Agricultural Code Section 46015
Materials acceptable in this state are those outlined in Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations.
- California Food and Agricultural Code Section 46016.1
(a) Any person may file a complaint with the secretary concerning suspected noncompliance with this act, as provided in Section 46000 or regulations adopted by...
- California Food and Agricultural Code Section 46016.2
(a) Any county agricultural commissioner may, at any time, initiate a notice and hearing process to determine whether a violation of these provisions has occurred....
- California Food and Agricultural Code Section 46016.3
Any person may appeal to the secretary for a hearing if aggrieved by any one of the following actions or decisions: (a) Denial of any...
- California Food and Agricultural Code Section 46016.4
The appeal shall be submitted to the secretary in writing within 30 days of the date the action, or the letter proposing the action. The...
- California Food and Agricultural Code Section 46016.5
As provided for in regulations adopted by the NOP, the action proposed by a NOP accredited certifier against a client may be appealed to the...
- California Food and Agricultural Code Section 46017
(a) In lieu of prosecution, the secretary or a county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction of...
- California Food and Agricultural Code Section 46018.1
The secretary and the county agricultural commissioners may conduct a program of spot inspections to determine compliance with this act.
- California Food and Agricultural Code Section 46018.2
At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this act and the NOP...
- California Food and Agricultural Code Section 46020
(a) It is unlawful for any person to sell, offer for sale, advertise, or label any product in violation of this act. (b) Notwithstanding subdivision...
- California Food and Agricultural Code Section 46021
(a) It is unlawful for any person to certify any product in violation of this act. (b) It is unlawful for any person to certify...
- California Food and Agricultural Code Section 46022
(a) It is unlawful for any person to produce or handle any product sold as organic unless duly registered pursuant to Section 46013.1. (b) It...
- California Food and Agricultural Code Section 46023
It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028.
- California Food and Agricultural Code Section 46024
(a) It is unlawful for any person to advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be used in connection with...
- California Food and Agricultural Code Section 46027
(a) No food or product may be advertised or labeled as "organic when available" or similar terminology that leaves in doubt whether the food is...
- California Food and Agricultural Code Section 46028
(a) All persons who produce, handle, or retail products that are sold as organic shall keep accurate and specific records of the following as applicable:...
- California Food and Agricultural Code Section 46029
(a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of product sold as organic shall immediately make available for inspection by,...
- California Food and Agricultural Code Section 47000
The Legislature finds and declares all of the following with regard to the direct marketing of agricultural products: (a) Direct marketing of agricultural products benefits...
- California Food and Agricultural Code Section 47001
(a) The secretary may adopt regulations to encourage the direct sale by farmers to the public of all types of California agricultural products. (b) These...
- California Food and Agricultural Code Section 47002
California farmers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce, directly to the public, which produce shall be...
- California Food and Agricultural Code Section 47003
The secretary may establish qualifications for persons selling products directly to the public whenever the sales involve the use of any exemption granted by this...
- California Food and Agricultural Code Section 47004
(a) Certified farmers' markets may establish rules and procedures that are more restrictive or do not violate state law or regulation governing or implementing this...
- California Food and Agricultural Code Section 47004.1
(a) Any certified producer aggrieved by a rule or procedure of a certified farmers' market may submit a written request to the department for an...
- California Food and Agricultural Code Section 47005
An enforcing officer may enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped, transported, or sold...
- California Food and Agricultural Code Section 47005.1
An enforcing officer may inspect all products, containers, and equipment found in any place or conveyance to determine compliance with this chapter or the regulations...
- California Food and Agricultural Code Section 47005.2
An enforcing officer may seize and hold as evidence all or any part of any container, pack, load, bulk lot, consignment or shipment of products...
- California Food and Agricultural Code Section 47005.3
Any evidence that is seized under the authority of this chapter or the regulations adopted thereunder by an enforcing officer in any county may be...
- California Food and Agricultural Code Section 47010
(a) The secretary shall establish a committee which shall be known as the Certified Farmers' Market Advisory Committee. The primary goal of the committee shall...
- California Food and Agricultural Code Section 47011
The committee shall be advisory to the secretary on all matters pertaining to direct marketing of agricultural products at certified farmers' markets and may make...
- California Food and Agricultural Code Section 47012
(a) Except as provided in subdivisions (b) and (c), the term of any member of the committee shall be two years. (b) With respect to...
- California Food and Agricultural Code Section 47013
The members of the committee and any alternate shall serve without compensation, but may be reimbursed by the department for travel expenses incurred in the...
- California Food and Agricultural Code Section 47020
(a) A certified farmers' market certificate issued by a county agricultural commissioner shall be valid for 12 months from the date of issue. The county...
- California Food and Agricultural Code Section 47021
(a) Every operator of a certified farmers' market shall remit to the department, within 30 days after the end of each quarter, a fee equal...
- California Food and Agricultural Code Section 47022
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to prepare, pack, place, deliver for...
- California Food and Agricultural Code Section 47022.1
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to deceptively prepare, pack, place, deliver...
- California Food and Agricultural Code Section 47022.2
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to mislabel any products, or place...
- California Food and Agricultural Code Section 47022.3
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to falsify any documents or to...
- California Food and Agricultural Code Section 47022.4
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to remove or dispose any products,...
- California Food and Agricultural Code Section 47022.5
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit any container,...
- California Food and Agricultural Code Section 47022.6
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit to inspection...
- California Food and Agricultural Code Section 47022.7
It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to alter in any respect any...
- California Food and Agricultural Code Section 47025
(a) In lieu of prosecution, but not precluding suspension or revocation of certified producer's certificates or certified farmers' market certificates, the secretary or the county...
- California Food and Agricultural Code Section 47026
This article shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is...
- California Food and Agricultural Code Section 47030
Field retail stands are producer-owned and operated premises located at or near the point of production established in accordance with local ordinances and land use
- California Food and Agricultural Code Section 47050
Farm stands arefield retail stands, as defined in Section 47030, that sell or offer for sale California agricultural products grown or produced by the producer,...
- California Food and Agricultural Code Section 48000
The handling and marketing of California citrus is affected with the public interest. The provisions of this chapter are enacted for the protection of the...
- California Food and Agricultural Code Section 48001
(a) There is in the department the California Citrus Advisory Committee. (b) The committee shall be comprised as follows: (1) Eight producers. (A) Five producer...
- California Food and Agricultural Code Section 48002
(a) In addition to any other assessment, fees, or charges that may be required pursuant to this code, producers of navel oranges, Valencia oranges, lemons,...
- California Food and Agricultural Code Section 48002.5
For purposes of this chapter, the following definitions apply: (a) "Carton" means a unit equivalent to 40 pounds of citrus fruit. (b) "Mandarin citrus" means...
- California Food and Agricultural Code Section 48003
(a) Upon establishment of an inspection program, any handler who does not file the required assessment report and assessments by the 10th day of the...
- California Food and Agricultural Code Section 52001
As used in this chapter, "field crop products" includes grain crops, dry bean crops, seeds, forage crops, fiber crops, and other field crops and the...
- California Food and Agricultural Code Section 52002
The director shall do all of the following: (a) Establish, by regulation, uniform standards for field crop products which shall conform as closely as possible...
- California Food and Agricultural Code Section 52003
The director may enter any place where field crop products are stored, shipped, or sold, for the purpose of carrying out the provisions of this
- California Food and Agricultural Code Section 52004
The director may, for the purpose of inspection and examination, break the seals of cars and after such inspection has been made shall securely close...
- California Food and Agricultural Code Section 52005
Any railroad which delivers field crop products in cars at any place which is provided with inspection service pursuant to this chapter shall provide convenient...
- California Food and Agricultural Code Section 52006
The director may assess a penalty of 1.5 percent per month, or fraction thereof, on any fees owed to the department for services rendered under...
- California Food and Agricultural Code Section 52031
The director shall issue to each employee who is authorized to grade, inspect, or weigh the products which are included under this chapter, except those...
- California Food and Agricultural Code Section 52061
The director shall inspect, weigh, and grade upon request and certify to any interested party the quality, condition, and quantity of any field crop or...
- California Food and Agricultural Code Section 52063
Any person that is aggrieved by the grading by any authorized inspector of any of the products for which standards have been established pursuant to...
- California Food and Agricultural Code Section 52091
Any money which is received under this chapter shall be paid monthly into the State Treasury and placed to the credit of the Department of...
- California Food and Agricultural Code Section 52100
(a) Any person who willfully and knowingly damages or destroys any field crop product, as specified in Sections 42510 and 52001, that is known by...
- California Food and Agricultural Code Section 52251
This chapter shall be known as the "California Seed Law."
- California Food and Agricultural Code Section 52252
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 52253
"Advertisement" means representations, except those on the label, which are disseminated in any manner or by any means that relate to seed which is subject...
- California Food and Agricultural Code Section 52254
"Agricultural seed" means the seed of any domesticated grass or cereal, and of any legume or other plant that is grown as turf, cover crop,...
- California Food and Agricultural Code Section 52254.3
"Board" means the Seed Advisory Board.
- California Food and Agricultural Code Section 52254.4
"Certification" means to certify as to the variety, purity, quality, type, strain, or other genetic character of agricultural or vegetable seed.
- California Food and Agricultural Code Section 52254.5
"Labeler" means any person whose name and address appears on the label pertaining to or attached to a lot or container of agricultural or vegetable...
- California Food and Agricultural Code Section 52255
"Labeling" means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompany and pertain to any seed whether the seed...
- California Food and Agricultural Code Section 52256
"Noxious weed seed" means the seed or propagule of any species of noxious weed, as defined in Section 5004. As used in this chapter, noxious...
- California Food and Agricultural Code Section 52256.5
"Person" also means any individual, partnership, trust association, cooperative association, or any other business unit or organization.
- California Food and Agricultural Code Section 52257
"Prohibited noxious weed seed" means the seed or propagule of any species of noxious weed which the director, as provided in Section 52332, finds and...
- California Food and Agricultural Code Section 52257.5
"Conditioner" means any person who cleans, scarifies, or blends to obtain uniform quality, or who conducts other operations which would change the purity, germination, or...
- California Food and Agricultural Code Section 52257.6
"Process" means any modification of the form or nature of agricultural or vegetable seed, or any treatment of the seed, which renders it inviable.
- California Food and Agricultural Code Section 52257.8
"Research" means any research related to the variety, purity, quality, type, strain, or other genetic and physiological characteristics of agricultural or vegetable seed or the...
- California Food and Agricultural Code Section 52258
"Restricted noxious weed seed" means the seed or propagule of any species of noxious weed, the seed of which is not otherwise designated as prohibited...
- California Food and Agricultural Code Section 52259
"Vegetable seed" means the seed of any crop which is or may be grown in gardens or on truck farms and which is generally known...
- California Food and Agricultural Code Section 52260
"Weed seed" means any noxious weed seed or vegetable seeds, and any seed that is not included in the definitions of agricultural seed, if it...
- California Food and Agricultural Code Section 52261
"Viability" means a description of living seeds which are capable of germinating.
- California Food and Agricultural Code Section 52262
"Farm" means a place of agricultural production which has annual sales of agricultural products of one thousand dollars ($1,000) or more.
- California Food and Agricultural Code Section 52281
This chapter and the terms which are used in it shall be construed so as to conform insofar as possible with the construction which is...
- California Food and Agricultural Code Section 52282
The secretary and, under the supervision and direction of the secretary, the commissioner of each county and the qualified representative of the commissioner, shall enforce...
- California Food and Agricultural Code Section 52283
The director may cooperate with the United States Department of Agriculture and other agencies in the enforcement of this chapter.
- California Food and Agricultural Code Section 52284
The director may issue such orders, circulars, and announcements as he may deem necessary to further the purposes of this chapter.
- California Food and Agricultural Code Section 52285
If the director or the commissioner finds that any person has violated any provision of this chapter, he may institute proceedings in the court of...
- California Food and Agricultural Code Section 52286
The director shall maintain a properly equipped laboratory for examining and testing seeds.
- California Food and Agricultural Code Section 52287
All prohibited and restricted noxious weed seed which are enumerated in this chapter or in any regulation which is adopted by the director pursuant to...
- California Food and Agricultural Code Section 52288
The Legislature hereby declares that it is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure...
- California Food and Agricultural Code Section 52291
There is in the department a Seed Advisory Board consisting of 11 members appointed by the secretary, seven of whom shall be labelers registered under...
- California Food and Agricultural Code Section 52291.1
It is hereby declared, as a matter of legislative determination, that labelers appointed to the Seed Advisory Board pursuant to this article are intended to...
- California Food and Agricultural Code Section 52292
The term of office for each member of the board is three years. Vacancies shall be filled by the secretary for an unexpired term.
- California Food and Agricultural Code Section 52295
Members of the board shall receive no salary but may be allowed per diem in accordance with California Victim Compensation and Government Claims Board rules...
- California Food and Agricultural Code Section 52296
The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter including, but not limited to, seed...
- California Food and Agricultural Code Section 52297
The board shall annually elect a chairman from its membership, and from time to time such other officers as it may deem advisable.
- California Food and Agricultural Code Section 52298
The board shall meet at the call of its chairman or the director, or at the request of any four members of the board. The...
- California Food and Agricultural Code Section 52300
For purposes of this article only, the following definitions apply: (a) "Farmer" means the person responsible for planting a crop, managing the crop, and harvesting...
- California Food and Agricultural Code Section 52301
(a) Before a person or his or her agent holding a patent on a genetically engineered plant, may enter upon any land farmed by another...
- California Food and Agricultural Code Section 52302
If requested by either party, the secretary or his or her designee shall be present for the sampling, provide for the collection of samples, or...
- California Food and Agricultural Code Section 52303
Samples for analysis may be taken from a standing crop, from representative standing plants in the field, or from crop residue remaining in the field...
- California Food and Agricultural Code Section 52304
The results of any testing conducted pursuant to this article shall be sent by registered letter by the testing party to all parties involved in...
- California Food and Agricultural Code Section 52305
A farmer shall not be liable based on the presence or possession of a patented genetically engineered plant on real property owned or occupied by...
- California Food and Agricultural Code Section 52306
The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other...
- California Food and Agricultural Code Section 52311
A person is not subject to the penalties which are prescribed by this chapter in any of the following cases: (a) For selling in this...
- California Food and Agricultural Code Section 52321
All money that is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall...
- California Food and Agricultural Code Section 52322
The director shall prepare an annual statement of the operating expenditures and income related to this chapter which shall be presented to the board for...
- California Food and Agricultural Code Section 52323
The department's cost of carrying out this chapter shall be funded from money that is received by the secretary pursuant to this chapter. The secretary...
- California Food and Agricultural Code Section 52324
The subvention program under Section 52323 is an optional program available to counties. The subvention to counties under Section 52323 shall be annually apportioned as...
- California Food and Agricultural Code Section 52325
(a) Commissioners of counties that choose to participate in the subvention program shall enter into a cooperative agreement with the secretary, whereby the commissioner agrees...
- California Food and Agricultural Code Section 52331
The director, by regulations, shall do all of the following: (a) Adopt germination standards for vegetable seed. (b) Adopt tolerances to be applied in all...
- California Food and Agricultural Code Section 52332
The secretary, by regulation, may adopt all of the following: (a) A list of the plants and crops that the secretary finds are or may...
- California Food and Agricultural Code Section 52333
The director may, by regulation, adopt standards, including noxious weed seed and other pest standards, for premises from which seed shipments are exempt from the...
- California Food and Agricultural Code Section 52351
Every labeler of agricultural or vegetable seed offered for sale in this state, or any person, as defined in Section 52256.5, who sells that seed...
- California Food and Agricultural Code Section 52352
Each application for an annual registration shall be accompanied by the payment of a fee in the amount of forty dollars ($40) for each fiscal...
- California Food and Agricultural Code Section 52353
If a registration is not renewed within one calendar month after the beginning of the fiscal year, a penalty of 20 percent of the annual...
- California Food and Agricultural Code Section 52354
Each person who is required to be registered pursuant to Section 52351 shall pay an assessment annually to the secretary in an amount not to...
- California Food and Agricultural Code Section 52354.5
The director shall fix the annual assessment established pursuant to Section 52354 in an amount that will provide sufficient funds to carry out this chapter,...
- California Food and Agricultural Code Section 52354.8
If the assessment established pursuant to Section 52354 and fixed by the director pursuant to Section 52354.5 is not paid within one calendar month after...
- California Food and Agricultural Code Section 52355
Any registrant who packages or labels seed, or both, with the name and address of the person who only retails the seed within the state...
- California Food and Agricultural Code Section 52356
Total expenditures from funds derived from registration fees and dollar volume assessments under this chapter shall not exceed the department's cost of carrying out this
- California Food and Agricultural Code Section 52361
The secretary, each commissioner, and any qualified representative of the commissioner, shall sample and inspect any agricultural or vegetable seed that is subject to this...
- California Food and Agricultural Code Section 52362
For the purpose of carrying out the provisions of this chapter, any officer who is required to enforce this chapter may enter upon any public...
- California Food and Agricultural Code Section 52363
(a) Any sample which is taken by an enforcement officer in accordance with the regulations which are adopted pursuant to this chapter for the taking...
- California Food and Agricultural Code Section 52391
The secretary or the commissioner and any qualified representative of the commissioner may issue and enforce a written or printed "stop-sale" order to the owner...
- California Food and Agricultural Code Section 52392
It is unlawful for any person to move or otherwise dispose of any lot of seed which is held under a "stop-sale" order except under...
- California Food and Agricultural Code Section 52393
The owner or custodian of seed which is held under a "stop sale" order shall, upon demand, have the right to a hearing before the...
- California Food and Agricultural Code Section 52394
This article does not limit the right of the enforcement officer to proceed as authorized by other sections of this chapter.
- California Food and Agricultural Code Section 52395
Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.
- California Food and Agricultural Code Section 52401
The secretary shall, by regulation, establish a list of seed-certifying agencies that the secretary finds qualified to certify as to the variety, purity, quality, type,...
- California Food and Agricultural Code Section 52402
A seed-certifying agency may conduct or fund research projects that the agency, in its sole discretion, deems beneficial to the seed industry.
- California Food and Agricultural Code Section 52403
Each seed-certifying agency shall establish a schedule of fees, in its discretion with input from the seed industry, for certification services provided and research conducted...
- California Food and Agricultural Code Section 52404
Notwithstanding Section 52321, fees collected pursuant to this article shall be paid directly to the seed-certifying agency and shall be expended only for a purpose...
- California Food and Agricultural Code Section 52405
A seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may impose a late charge on any person who fails to pay any fee...
- California Food and Agricultural Code Section 52406
In addition to any late charge, a seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may suspend certification services to any person who...
- California Food and Agricultural Code Section 52421
The director and the commissioner of each county acting under the supervision of the director may do all of the following: (a) Cooperate with seed-certifying...
- California Food and Agricultural Code Section 52422
The director, or any commissioner with the approval of the director, may annually enter into a cooperative agreement with a qualified seed certification agency for...
- California Food and Agricultural Code Section 52451
This article does not apply to any of the following: (a) Seed or grain that is not intended for sowing purposes. (b) Seed that is...
- California Food and Agricultural Code Section 52452
Except as otherwise provided in Section 52454, each container of agricultural seed which is for sale or sold within this state for sowing purposes, unless...
- California Food and Agricultural Code Section 52453
Except as otherwise provided in Section 52454, each container of vegetable seed that is for sale or sold within this state for sowing purposes shall...
- California Food and Agricultural Code Section 52454
Any lot of more than one container of seed which is transported to a dealer for resale, or any lot of more than five containers...
- California Food and Agricultural Code Section 52455
In addition to the labeling requirements of this article, all seed at the time of sale by a retail merchant for nonfarm usage, shall conspicuously...
- California Food and Agricultural Code Section 52456
In addition to the labeling requirements of this article, all seed, except seed at the time of sale by a retail merchant for nonfarm use,...
- California Food and Agricultural Code Section 52481
Except as otherwise provided in this section or in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural...
- California Food and Agricultural Code Section 52482
Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural or vegetable seed within...
- California Food and Agricultural Code Section 52483
It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice that...
- California Food and Agricultural Code Section 52484
(a) Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell agricultural or vegetable seed that...
- California Food and Agricultural Code Section 52485
It is unlawful for any person to sell or divert for use or for processing, either for human or animal consumption, any grain or other...
- California Food and Agricultural Code Section 52486
Sections 52481, 52482, and 52484 of this article do not apply to any common carrier in respect to any seed which is transported or delivered...
- California Food and Agricultural Code Section 52487
A violation of this chapter for having shipped, delivered, transported, or sold agricultural or vegetable seed that has false or misleading labeling shall be construed...
- California Food and Agricultural Code Section 52488
It is unlawful to violate any provisions of this chapter or any regulation adopted pursuant to this chapter.
- California Food and Agricultural Code Section 52489
It is unlawful for any person to violate the provisions of the United States Plant Variety Protection Act contained in Part J (commencing with Section...
- California Food and Agricultural Code Section 52511
Any lot of agricultural or vegetable seed that does not comply with this chapter is a public nuisance and is subject to seizure on complaint...
- California Food and Agricultural Code Section 52512
The district attorney of the county in which any such nuisance is found, on the relation of the director or the commissioner or any enforcing...
- California Food and Agricultural Code Section 52513
If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order...
- California Food and Agricultural Code Section 52514
A proceeding pursuant to this article where the value of the property seized amounts to twenty-five thousand dollars ($25,000) or less is a limited civil
- California Food and Agricultural Code Section 52515
The director may, after hearing, refuse to issue or renew, or may suspend or revoke a registration for any violation of this chapter or any...
- California Food and Agricultural Code Section 52651
The secretary may, by regulation, designate as a seed potato certification agency, any person or agency that the secretary finds is qualified to certify seed...
- California Food and Agricultural Code Section 52851
The Legislature hereby declares that the purposes of this chapter are to promote, encourage, aid, and protect the planting and growing of cotton in the...
- California Food and Agricultural Code Section 52852
The Legislature also declares that the restriction of the use to which cotton lands and cotton gins may be used, as provided in this chapter,...
- California Food and Agricultural Code Section 52853
The Legislature declares that the development of varieties or species of cotton which meet the desired quality of Acala or Pima cotton should be encouraged,...
- California Food and Agricultural Code Section 52854
The production and marketing of Acala and Pima cotton produced in this state is hereby declared to be affected with public interest. This chapter is...
- California Food and Agricultural Code Section 52855
No action taken by the board, nor by an individual in accordance with this chapter or pursuant to the regulations adopted under this chapter, is...
- California Food and Agricultural Code Section 52856
The Legislature further declares that all cotton approved by the board for planting in the district is for the benefit of the cotton-growing industry and...
- California Food and Agricultural Code Section 52861
"Board" means the San Joaquin Valley Cotton Board.
- California Food and Agricultural Code Section 52862
"Industry members" means cottonseed oil crushers, handlers of raw cotton fiber, and cotton ginners or employees thereof.
- California Food and Agricultural Code Section 52863
"Handlers of raw cotton fiber" or "merchant" means any person or organization that is primarily engaged in the business of buying and selling spot cotton...
- California Food and Agricultural Code Section 52864
"Cotton ginning organization" means any person or organization owning or operating one or more cotton gins.
- California Food and Agricultural Code Section 52865
"District" means the "San Joaquin Valley Quality Cotton District" which is comprised of all the counties in the San Joaquin Valley where cotton is produced.
- California Food and Agricultural Code Section 52866
"Delinter" means any person who, by any means or method, causes the short fibers to be removed from the seed coat of cottonseed.
- California Food and Agricultural Code Section 52867
"Cotton growers" or "growers" means any person in the district who produces, or causes to be produced, cotton for market.
- California Food and Agricultural Code Section 52868
"Handlers of whole cottonseed" means any person or organization that is engaged in the business of buying, selling, or processing whole cottonseed.
- California Food and Agricultural Code Section 52871
There is in the state government the San Joaquin Valley Cotton Board. The board shall be composed of seven cotton growers, three cotton industry members...
- California Food and Agricultural Code Section 52872
The secretary shall establish a list of growers and other persons and organizations subject to this chapter. Each person or organization on the list shall...
- California Food and Agricultural Code Section 52873
The secretary shall supervise and conduct any election held pursuant to Section 52871 and this section. Elections for grower members and elections for industry members...
- California Food and Agricultural Code Section 52874
Each member of the board, except the ex officio members, shall have an alternate member, who shall be a candidate for election in the same...
- California Food and Agricultural Code Section 52875
An alternate member, in the absence of the member for whom he or she is alternate, shall sit in place of the member on the...
- California Food and Agricultural Code Section 52876
Grower members and their alternates on the board shall have a financial interest in producing, or causing to be produced, cotton for market. Cotton industry...
- California Food and Agricultural Code Section 52878
The term of office for each member, alternate, and ex officio member of the board is four years.
- California Food and Agricultural Code Section 52879
Upon implementation of Article 9.5 (commencing with Section 52951), the board shall have the power to sue and be sued, and to enter into contracts....
- California Food and Agricultural Code Section 52880
The board may appoint its own officers, including a chairman, one or more vice chairmen, and such other officers as it deems necessary. The officers...
- California Food and Agricultural Code Section 52881
The board may appoint committees composed of both members and nonmembers of the board to advise the board in carrying out this chapter. The board...
- California Food and Agricultural Code Section 52882
The board shall meet at least once a year, or at the call of the chairperson or the secretary, or at the request of any...
- California Food and Agricultural Code Section 52883
A quorum of the board shall be any six voting members or their alternates. The vote of a majority of members present at a meeting...
- California Food and Agricultural Code Section 52884
The secretary or the secretary's representatives shall be notified and may attend each meeting of the board.
- California Food and Agricultural Code Section 52885
No board member, alternate, member of a committee who is a nonmember of the board, or ex officio member shall receive a salary, but may,...
- California Food and Agricultural Code Section 52886
Upon board action, all moneys received by any person from the assessments levied under the authority of Article 9.5 (commencing with Section 52951) of this...
- California Food and Agricultural Code Section 52887
The state shall not be liable for the acts of the board or its contracts. Payment of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 52889
The secretary may require the board to correct or cease any activity or function that is determined by the secretary not to be in the...
- California Food and Agricultural Code Section 52890
Either the secretary or the board may bring an action for judicial relief in a court of competent jurisdiction, which may thereafter issue a temporary...
- California Food and Agricultural Code Section 52891
The powers and duties of the board shall include, but not be limited to, all of the following: (a) Establish a separate Acala and Pima...
- California Food and Agricultural Code Section 52891.1
(a) The board may, by resolution, take actions that are in the best interest of the cotton industry in the district, which shall include, but...
- California Food and Agricultural Code Section 52892
Upon implementation of Article 9.5 (commencing with Section 52951), the powers and duties of the board shall also include, but not be limited to, all...
- California Food and Agricultural Code Section 52893
The board may require that all cottonseed delinted for planting within the district be certified by a qualified seed certification agency as provided by subdivision...
- California Food and Agricultural Code Section 52901
The planting, possessing for planting, growing, picking, harvesting, ginning of cotton, delinting of cottonseed, or sale of lint by anyone conducting research on nonapproved varieties...
- California Food and Agricultural Code Section 52902
Before any nonapproved cotton is approved by the board for release and planting in the district, it shall be submitted to the board for production...
- California Food and Agricultural Code Section 52903
The secretary, by permit, may allow seed cotton produced outside the district to be ginned within the district if the planting seed has met the...
- California Food and Agricultural Code Section 52911
This chapter does not apply to the transportation of cottonseed through the district established by this chapter, from a point outside of the district to...
- California Food and Agricultural Code Section 52921
All breeders seed for varieties developed by the United States Department of Agriculture or the University of California, and approved for release and planting by...
- California Food and Agricultural Code Section 52922
FSSC shall provide a method that will enable persons requesting foundation seed who have no history of cottonseed distribution to receive an initial allocation of...
- California Food and Agricultural Code Section 52923
FSSC shall develop criteria in consultation with the board for the allocation of foundation seed to qualified recipients. FSSC shall determine who is a qualified...
- California Food and Agricultural Code Section 52931
A referendum of all cotton growers within the district shall be conducted if a petition, signed by not less than 5 percent of the cotton...
- California Food and Agricultural Code Section 52932
This chapter shall remain operative if either of the following conditions is met: (a) Not less than 65 percent of the cotton growers certified by...
- California Food and Agricultural Code Section 52933
Nonreceipt of a ballot shall not invalidate such a referendum.
- California Food and Agricultural Code Section 52934
If the secretary finds that a favorable vote has been given as provided in Section 52932, he or she shall so certify and give notice...
- California Food and Agricultural Code Section 52935
If the secretary finds that a favorable vote has not been given as provided in Section 52932, the secretary shall so certify and declare all...
- California Food and Agricultural Code Section 52936
In addition to Section 52931, the board may hold a referendum whenever the board proposes changes to the Acala or Pima quality standard as provided...
- California Food and Agricultural Code Section 52937
A referendum shall be held if the board proposes to implement promotion and research funding as provided in Article 9.5 (commencing with Section 52951) of...
- California Food and Agricultural Code Section 52938
The board may call for a referendum at any time.
- California Food and Agricultural Code Section 52941
(a) Any person who has cottonseed delinted for planting purposes under this chapter, shall annually pay to the secretary an assessment in an amount not...
- California Food and Agricultural Code Section 52942
The assessment shall be used exclusively for enforcement of the provisions of this chapter, and the board functions including cotton variety testing and related administrative
- California Food and Agricultural Code Section 52943
The secretary, after investigation and due notice, may fix the annual assessment provided under Section 52941 at a lesser amount that would provide sufficient funds...
- California Food and Agricultural Code Section 52944
The assessment shall be paid to the secretary within one calendar month after July 1 of each year, for cottonseed delinted in the preceding fiscal...
- California Food and Agricultural Code Section 52945
All moneys that are received by the secretary pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall...
- California Food and Agricultural Code Section 52951
The board is authorized to annually assess cotton growers in the district in an amount not to exceed one-half of 1 percent of each grower's...
- California Food and Agricultural Code Section 52952
Assessments collected under this article are subject to Section 52937 and Section 52932 and shall be used exclusively for promotion, research, and related administrative expenses.
- California Food and Agricultural Code Section 52953
The board shall develop a procedure for collecting assessments under this article. (a) Collection of the assessment may be required of cotton growers or cotton...
- California Food and Agricultural Code Section 52961
The secretary, and the commissioner of each county acting under the secretary's supervision, shall enforce this chapter and carry out its provisions and requirements.
- California Food and Agricultural Code Section 52971
It is unlawful for any person to violate the provisions of this chapter.
- California Food and Agricultural Code Section 52972
Except as otherwise provided in Article 5 (commencing with Section 52901), and Article 12 (commencing with Section 52981), in the district established by this chapter,...
- California Food and Agricultural Code Section 52973
Any person who violates any provision of this chapter is guilty of a misdemeanor and, in addition thereto, is liable in a civil action for...
- California Food and Agricultural Code Section 52974
Any seed cotton, cotton plant, or cottonseed that does not comply with this chapter is a public nuisance and is subject to seizure on complaint...
- California Food and Agricultural Code Section 52975
The district attorney of the county in which any nuisance is found, at the request of the secretary or the commissioner, shall maintain, in the...
- California Food and Agricultural Code Section 52976
If the owner fails to comply with the order of the court within the time that is specified in the order, the court shall order...
- California Food and Agricultural Code Section 52981
(a) Notwithstanding any other provision of this chapter, nonapproved varieties of cotton may be grown in the district, subject to regulations proposed by the board...
- California Food and Agricultural Code Section 52982
Article 9 (commencing with Section 52941), Article 10 (commencing with Section 52961), and Article 11 (commencing with Section 52971) apply to this article, except that...
- California Food and Agricultural Code Section 53301
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 53302
"Advertisement" means any representation which relates to nursery stock, that is disseminated in any manner or by any means, except a representation which is on...
- California Food and Agricultural Code Section 53303
"Decorative plants" means indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because...
- California Food and Agricultural Code Section 53304
"Grade size" means the designation relating to nursery stock which denotes the height, spread, caliper, dimension, condition, quality, age, methods of propagation, or means of
- California Food and Agricultural Code Section 53305
"Labeling" means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompanies and pertains to any nursery stock.
- California Food and Agricultural Code Section 53306
"Nursery stock" means all kinds of nursery stock except decorative plants and seeds.
- California Food and Agricultural Code Section 53307
"Ornamental" means any plant which is grown for ornamental purposes, except decorative plants, dormant bulbs, tubers, roots, corms, rhizomes, and pips.
- California Food and Agricultural Code Section 53308
"Botanical name" means the genus and species, the genus, species, and cultivar name, or the genus and cultivar name given to a plant in accordance...
- California Food and Agricultural Code Section 53309
"Cultivar name" means the cultivated variety name given to a plant in accordance with the International Code of Nomenclature of Cultivated Plants, without regard to...
- California Food and Agricultural Code Section 53310
"Blend" means a combination of the same kinds of nursery stock.
- California Food and Agricultural Code Section 53311
"Mixture" means a combination of two or more kinds of nursery stock.
- California Food and Agricultural Code Section 53312
"Sod" means grassy surface soil nursery stock held together by matted roots of the grass.
- California Food and Agricultural Code Section 53313
"Turf" means grassy surface soil nursery stock consisting of grass cultivars, mixtures or blends of grass cultivars, and dichondra for use in residential and commercial
- California Food and Agricultural Code Section 53331
The Legislature hereby declares that by making any additions to or amendments of this chapter it intends to formulate a system of grades and standards...
- California Food and Agricultural Code Section 53332
The Legislature hereby declares that it would have enacted each section, subdivision, sentence, clause, or phrase of this chapter irrespective of the fact that one...
- California Food and Agricultural Code Section 53361
The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director, shall enforce...
- California Food and Agricultural Code Section 53362
For the purpose of carrying out the provisions of this chapter, all enforcing officers may enter upon any public or private premises in order to...
- California Food and Agricultural Code Section 53363
If the director or the commissioner shall find that any person has violated any provision of this chapter, he may institute proceedings in a court...
- California Food and Agricultural Code Section 53391
The director may adopt regulations which may be necessary to carry into effect the purposes of this chapter and each section of it, and may...
- California Food and Agricultural Code Section 53392
The director by regulations may provide for grade sizes of the different kinds of nursery stock, and may provide that nursery stock shall be labeled...
- California Food and Agricultural Code Section 53421
The director or the commissioner may issue and enforce a written or printed warning tag or notice to the owner or custodian of any lot...
- California Food and Agricultural Code Section 53422
It is unlawful for any person to move or otherwise dispose of any lot of nursery stock which is held under a warning tag or...
- California Food and Agricultural Code Section 53423
The owner or custodian of nursery stock which is held under a warning tag or notice shall, upon demand, have the right of a hearing...
- California Food and Agricultural Code Section 53424
This article shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter.
- California Food and Agricultural Code Section 53425
Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.
- California Food and Agricultural Code Section 53451
Nursery stock which is sold shall comply with all of the following requirements: (a) It shall be living stock and shall not be dead, or...
- California Food and Agricultural Code Section 53452
Deciduous fruit and nut trees which are sold shall be free from any of the following defects: (a) Twisted, crossed, frosted, broken, or other defective...
- California Food and Agricultural Code Section 53481
When nursery stock is sold, it shall be labeled plainly and legibly as to the grade size, if so required by regulations, and as to...
- California Food and Agricultural Code Section 53482
In order to identify nursery stock properly, whenever it is shipped, delivered, or transported to any purchaser, each plant shall be individually labeled as to...
- California Food and Agricultural Code Section 53483
Nursery stock on display for sale at retail may be labeled by a sign on any block of stock of the same kind and species....
- California Food and Agricultural Code Section 53484
This article shall become operative January 1, 1982.
- California Food and Agricultural Code Section 53511
It is unlawful for any person to sell, ship, deliver, or transport to any purchaser any nursery stock which is within any of the following:...
- California Food and Agricultural Code Section 53512
It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice which...
- California Food and Agricultural Code Section 53541
The violation of any provision of this chapter is a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) nor...
- California Food and Agricultural Code Section 53561
Any lot of nursery stock which does not comply with the provisions of this chapter is a public nuisance and shall be subject to seizure...
- California Food and Agricultural Code Section 53562
The district attorney of the county in which any such nuisance is found, at the request of the director or the commissioner, shall maintain, in...
- California Food and Agricultural Code Section 53563
If the owner fails to comply with the order of the court within the time specified in the order, the court may order that such...
- California Food and Agricultural Code Section 53564
A proceeding pursuant to this article where the value of the property is twenty-five thousand dollars ($25,000) or less is a limited civil case.
- California Food and Agricultural Code Section 54001
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 54002
"Association" means any corporation which is organized pursuant to this chapter. An association shall be deemed incorporated pursuant to this chapter, or organized pursuant to...
- California Food and Agricultural Code Section 54003
"Member" includes members of associations without capital stock and holders of common stock in associations which are organized with shares of stock.
- California Food and Agricultural Code Section 54004
"Product" includes any horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee, or farm product.
- California Food and Agricultural Code Section 54031
The purpose of this chapter is to do all of the following: (a) Promote, foster, and encourage the intelligent and orderly marketing of agricultural products...
- California Food and Agricultural Code Section 54032
The following are all here recognized: (a) Agriculture is characterized by individual production in contrast to the group or factory system that characterizes other forms...
- California Food and Agricultural Code Section 54033
Associations which are organized pursuant to this chapter are "nonprofit," since they are not organized to make profit for themselves, as such, or for their...
- California Food and Agricultural Code Section 54034
Any provisions of law which are in conflict with this chapter do not apply to any association which is provided for in this chapter.
- California Food and Agricultural Code Section 54035
Any exemption under any existing law which applies to any agricultural product in the possession, or under the control, of the individual producer, shall apply...
- California Food and Agricultural Code Section 54036
A person, firm, corporation, or association, that is hereafter organized or doing business in this state, may not use the word "cooperative" as part of...
- California Food and Agricultural Code Section 54037
Any corporation or association which is organized pursuant to previously existing statutes for the purpose of cooperatively marketing products as defined in this chapter or...
- California Food and Agricultural Code Section 54038
Any association which is organized pursuant to this chapter is not any of the following: (a) A conspiracy, a combination in restraint of trade, or...
- California Food and Agricultural Code Section 54039
The marketing contracts and agreements between an association which is organized pursuant to this chapter and its members and any agreements authorized in this chapter...
- California Food and Agricultural Code Section 54040
The General Corporation Law (Division 1 (commencing with Section 100) of Title 1 of the Corporations Code) as added by Chapter 682 of the Statutes...
- California Food and Agricultural Code Section 54041
(a) Subject to subdivision (c), Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure does not...
- California Food and Agricultural Code Section 54042
(a) An association organized pursuant to this chapter may request the board of supervisors of the county in which the association's principal place of business...
- California Food and Agricultural Code Section 54061
Three or more natural persons, a majority of whom are residents of this state, who are engaged in the production of any product, may form...
- California Food and Agricultural Code Section 54081
The articles of incorporation of the association shall show that the signers of the articles of incorporation are engaged in the production of products, and...
- California Food and Agricultural Code Section 54082
Articles of incorporation shall be signed, acknowledged, and filed in the manner which is prescribed by the general laws of this state for domestic corporations.
- California Food and Agricultural Code Section 54083
The articles of incorporation of any association may be amended in the manner and for the purposes which are authorized by the General Corporation Law,...
- California Food and Agricultural Code Section 54111
Each association shall, within 30 days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with this chapter. The...
- California Food and Agricultural Code Section 54112
The bylaws may prescribe the time, place, and manner of calling and conducting its meetings. Meetings of members or stockholders shall be held at the...
- California Food and Agricultural Code Section 54113
The bylaws may prescribe the number of stockholders or members which constitutes a quorum.
- California Food and Agricultural Code Section 54114
The bylaws may prescribe the right of members or stockholders to vote by proxy or by mail or both, and the conditions, manner, form, and...
- California Food and Agricultural Code Section 54115
The bylaws may prescribe the number of directors which constitutes a quorum.
- California Food and Agricultural Code Section 54116
(a) The bylaws may prescribe the qualifications, compensation, duties, and term of office of directors and officers and the time of their election. (b) The...
- California Food and Agricultural Code Section 54117
The bylaws may prescribe penalties for violations of the bylaws.
- California Food and Agricultural Code Section 54118
The bylaws may prescribe the amount of entrance, organization, and membership fees, if any; the manner and method of collection of such fees; and the...
- California Food and Agricultural Code Section 54119
The bylaws may prescribe the amount which each member or stockholder shall be required to pay annually, or from time to time, if at all,...
- California Food and Agricultural Code Section 54120
The bylaws may prescribe the amount of any dividends that may be declared on the stock or membership capital. To the extent that dividends are...
- California Food and Agricultural Code Section 54121
The bylaws may prescribe the number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common...
- California Food and Agricultural Code Section 54122
The bylaws may prescribe the manner of determining the value of a member's interest and provision for its purchase by the association upon the death...
- California Food and Agricultural Code Section 54141
The affairs of the association shall be managed by a board of not less than three directors who are elected by the members or stockholders.
- California Food and Agricultural Code Section 54142
The bylaws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from...
- California Food and Agricultural Code Section 54143
The bylaws may provide that primary elections shall be held to nominate directors. If the bylaws provide that the territory in which the association has...
- California Food and Agricultural Code Section 54144
The bylaws may provide that the territory in which the association has members shall be divided into districts, and that the directors shall be elected...
- California Food and Agricultural Code Section 54145
The bylaws may provide that one or more directors may be chosen by any public official or commission or by the other directors selected by...
- California Food and Agricultural Code Section 54146
The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject...
- California Food and Agricultural Code Section 54147
An association may provide a fair remuneration for the time which is actually spent by its officers and directors in its service and for the...
- California Food and Agricultural Code Section 54148
If a vacancy on the board of directors occurs except by expiration of term, the remaining members of the board, by a majority vote, shall...
- California Food and Agricultural Code Section 54149
The directors shall elect a president, one or more vice presidents, a secretary, a treasurer, and such other officers as may be prescribed by the...
- California Food and Agricultural Code Section 54150
Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition...
- California Food and Agricultural Code Section 54171
An association may engage in any activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or utilization...
- California Food and Agricultural Code Section 54172
An association may borrow without limitation as to amount of corporate indebtedness or liability and may make advances to members.
- California Food and Agricultural Code Section 54173
An association may act as the agent or representative of any member or members in any of the activites which are mentioned in Section 54171...
- California Food and Agricultural Code Section 54174
An association may purchase or otherwise acquire, hold, own, and exercise all rights of ownership in, sell, transfer, pledge, or guarantee the payment of dividends...
- California Food and Agricultural Code Section 54175
An association may establish reserves and invest the funds of the reserves in bonds or in such other property as may be provided in the
- California Food and Agricultural Code Section 54176
An association may buy, hold, and exercise all privileges of ownership, over such real or personal property as may be necessary or convenient for the...
- California Food and Agricultural Code Section 54177
An association may levy assessments in the manner and in the amount as may be provided in its bylaws.
- California Food and Agricultural Code Section 54178
An association may do each and every thing which is necessary, suitable, or proper for the accomplishment of any one of the purposes, or the...
- California Food and Agricultural Code Section 54179
An association may use or employ any of its facilities for any purpose, provided the proceeds which arise from such use and employment shall go...
- California Food and Agricultural Code Section 54180
An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, with or...
- California Food and Agricultural Code Section 54181
Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and...
- California Food and Agricultural Code Section 54182
(a) Any association organized and operating pursuant to this chapter or pursuant to similar laws of any other state, the District of Columbia, or the...
- California Food and Agricultural Code Section 54201
An association is not subject in any manner to the terms of the Corporate Securities Law, Division 1 (commencing with Section 25000), Title 4 of...
- California Food and Agricultural Code Section 54202
If an association issues nonpar value stock, the issuance of such stock shall be governed by the terms of all general laws which cover the...
- California Food and Agricultural Code Section 54203
If an association with preferred shares of stock purchases the stock or any property, or any interest in any property of any person, it may...
- California Food and Agricultural Code Section 54204
The board of directors of every association shall cause to be sent to the members of the association not later than 120 days after the...
- California Food and Agricultural Code Section 54231
Under the terms and conditions which are prescribed in the bylaws adopted by it, an association may admit as members or issue common stock to...
- California Food and Agricultural Code Section 54232
If a member of a nonstock association is other than a natural person, such member may be represented by any individual, associate, officer, or manager...
- California Food and Agricultural Code Section 54233
Any association may become a member or stockholder of any other association.
- California Food and Agricultural Code Section 54234
If a member of an association which is established without shares of stock has paid his membership fee in full, he shall receive a certificate...
- California Food and Agricultural Code Section 54235
An association shall not issue a certificate for stock to a member until it has been fully paid for. The promissory notes of the members...
- California Food and Agricultural Code Section 54236
An association, in its bylaws, may limit the amount of common stock which any member may own.
- California Food and Agricultural Code Section 54237
The bylaws shall prohibit the transfer of the common stock or membership certificates of the associations to any person that is not qualified to be...
- California Food and Agricultural Code Section 54238
The association may, at any time, as specified in the bylaws, except when the debts of the association exceed 50 percent of its assets, buy...
- California Food and Agricultural Code Section 54239
A member or stockholder is not liable for the debts of the association to an amount which exceeds the sum which remains unpaid on his...
- California Food and Agricultural Code Section 54261
The association and its members may make and execute marketing contracts which require the members to sell, for any period of time, but not over...
- California Food and Agricultural Code Section 54262
The contract may provide that the association may sell or resell any product that is delivered by its members, with or without taking title to...
- California Food and Agricultural Code Section 54263
Notwithstanding any provisions of the Civil Code, a contract which is entered into by a member or stockholder of an association which provides for the...
- California Food and Agricultural Code Section 54264
The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon...
- California Food and Agricultural Code Section 54265
If there is a breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent...
- California Food and Agricultural Code Section 54266
In any action upon such marketing agreements, it shall be conclusively presumed that a landowner or landlord or lessor is able to control the delivery...
- California Food and Agricultural Code Section 54291
Any corporation which is organized or existing pursuant to any law, except Title 23 (commencing with Section 653aa), Part 4, Division 1 of the Civil...
- California Food and Agricultural Code Section 54292
Articles of incorporation shall be deemed to conform to this chapter within the meaning of Section 54291 in both of the following cases: (a) It...
- California Food and Agricultural Code Section 54293
If the amended articles conform, as provided in Section 54292, provisions in the articles of incorporation that appeared in the original articles or some previous...
- California Food and Agricultural Code Section 54294
This article applies retrospectively as well as prospectively, and may be availed of by a corporation regardless of the time of incorporation, whether prior or...
- California Food and Agricultural Code Section 54401
As used in this chapter, "cooperative bargaining association" means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing with Section 54001)...
- California Food and Agricultural Code Section 54402
It is the public policy of the state to establish and support the right of any farmer to join voluntarily, belong to and freely participate...
- California Food and Agricultural Code Section 54404
For the purpose of enforcing this chapter, the director may receive complaints from producers against any processor, handler, distributor, or any agent of these persons,...
- California Food and Agricultural Code Section 54404.1
If, upon the investigation conducted under Section 54404, the director has reasonable cause to believe that the person charged has violated Section 54431, the director...
- California Food and Agricultural Code Section 54404.2
At the hearing called pursuant to Section 54404.1, the director may do all the following: (a) Administer oaths and take testimony. (b) Issue subpoenas requiring...
- California Food and Agricultural Code Section 54404.3
The procedure for holding the hearing pursuant to Section 54404.2 is identical to hearings held pursuant to Article 13 (commencing with Section 55781) of Chapter
- California Food and Agricultural Code Section 54404.4
At the conclusion of the hearing called pursuant to Section 54404.1, the director shall enter in his or her office in Sacramento an order which...
- California Food and Agricultural Code Section 54404.5
(a) Notwithstanding Section 54404.1, if the director receives a verified complaint that a processor, handler, distributor, or any agent of any such person or a...
- California Food and Agricultural Code Section 54405
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter in the superior court of the...
- California Food and Agricultural Code Section 54431
It is an unfair trade practice, and unlawful, for any processor, handler, distributor, or agent of any such person, or, with regard to subdivisions (d),...
- California Food and Agricultural Code Section 54432
The provisions of subdivision (e) of Section 54431 only apply to any processor, handler, distributor, or agent of any such person, who refuses to negotiate...
- California Food and Agricultural Code Section 54434
The provisions of subdivision (e) of Section 54431 shall not apply to cooperative associations in respect to business done with its own membership.
- California Food and Agricultural Code Section 54435
Nothing in subdivision (e) or (f) of Section 54431 requires any processor, handler, distributor, or agent of any such person, to negotiate over any specific...
- California Food and Agricultural Code Section 54442
(a) To aid in preparation of the report required under this chapter, the secretary shall establish an advisory committee consisting of the following persons: (1)...
- California Food and Agricultural Code Section 54443
The advisory committee shall study and report on all of the following issues: (a) Unfair trade practices. (b) Licensing. (c) Funding. (d) Investigation and hearing...
- California Food and Agricultural Code Section 54444
The advisory committee shall meet not less than once annually.
- California Food and Agricultural Code Section 54445
The advisory committee shall prepare and transmit a report to the secretary at a time fixed by the secretary so as to meet his or...
- California Food and Agricultural Code Section 54446
(a) The advisory committee shall prepare and submit a report to the secretary who, in turn, shall report to the Legislature on the effectiveness of...
- California Food and Agricultural Code Section 54447
This article shall be construed as a continuation of former Article 3 of Chapter 2 of Division 20.
- California Food and Agricultural Code Section 54451
The department shall order conciliation between any cooperative bargaining association and any processor subject to this chapter if it determines, after receiving a request under...
- California Food and Agricultural Code Section 54451.5
A conciliation service shall be appointed by the department if the parties cannot agree on a conciliator.
- California Food and Agricultural Code Section 54452
The following procedure shall be used upon receipt by the department of a request for conciliation: (a) The request from one of the parties to...
- California Food and Agricultural Code Section 54453
(a) If conciliation is ordered, the department shall, on the day the department determines that conciliation shall be conducted, notify both parties that the conciliation...
- California Food and Agricultural Code Section 54454
The conciliator shall perform the following duties: (a) Meet with the parties involved in the bargaining process in an attempt to resolve the dispute. (b)...
- California Food and Agricultural Code Section 54455
If the dispute has not been resolved by the completion of the conciliation process, the conciliator shall file a final report with the department within...
- California Food and Agricultural Code Section 54456
All reasonable costs incurred in carrying out the conciliation prescribed in this article shall be shared equally by each party to the negotiations.
- California Food and Agricultural Code Section 54457
(a) In the report submitted to the Legislature pursuant to Section 54441, the department shall include a section on this article, which shall consist of...
- California Food and Agricultural Code Section 54458
Any person who violates any provision of this article is liable civilly for a penalty in an amount not to exceed the sum of ten...
- California Food and Agricultural Code Section 54461
The willful violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor...
- California Food and Agricultural Code Section 54462
In addition to the penalty which is provided by Section 54461, any person who violates any provision of this chapter is liable civilly for a...
- California Food and Agricultural Code Section 54463
In addition to any other remedies provided under this article, the director may seek to obtain injunctive relief in the proper court to require any...
- California Food and Agricultural Code Section 55000
The production and processing of rice constitutes an important industry of this state that provides substantial and necessary revenues for the state and employment for...
- California Food and Agricultural Code Section 55001
The program established pursuant to this chapter is essential to ensuring the consistently high quality of the rice produced, processed, or handled in the state...
- California Food and Agricultural Code Section 55002
This chapter is intended to allow the rice industry to work cooperatively to maintain consumer confidence and the acceptance of rice produced, processed, and handled...
- California Food and Agricultural Code Section 55003
There is a growing need to maintain the identity of various types of rice to satisfy increasing consumer demand for specialty rices. This demand requires...
- California Food and Agricultural Code Section 55006
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 55007
"Records" means books, records, contracts, documents, memoranda, papers, correspondence, or other data, whether in written, magnetic, or electronic form, that pertain to matters relating to...
- California Food and Agricultural Code Section 55008
"Certification" means certification pursuant to Article 7 (commencing with Section 55070).
- California Food and Agricultural Code Section 55008.5
"Chapter" means any provision of the California Rice Certification Act of 2000, and includes any amendments to and regulations adopted pursuant to that act.
- California Food and Agricultural Code Section 55009
"Characteristics of commercial impact" means characteristics that may adversely affect the marketability of rice in the event of commingling with other rice and may include,...
- California Food and Agricultural Code Section 55010
"Commission" means the California Rice Commission created pursuant to Chapter 9.5 (commencing with Section 71000) of Part 2 of Division 22.
- California Food and Agricultural Code Section 55010.5
"Committee" refers to the committee established under Section 55020.
- California Food and Agricultural Code Section 55010.6
"Department" means the Department of Food and Agriculture.
- California Food and Agricultural Code Section 55010.7
"Handle" means to engage in the business of being a handler.
- California Food and Agricultural Code Section 55011
"Handler" means any person engaged in this state in the business of offering for sale or selling rice.
- California Food and Agricultural Code Section 55012
"Person" includes any individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or any other entity doing business in California.
- California Food and Agricultural Code Section 55012.5
"Process" means to harvest, dry, mill, transport, or store rice.
- California Food and Agricultural Code Section 55013
"Producer" includes any person who produces rice, or causes rice to be produced.
- California Food and Agricultural Code Section 55014
"Rice" means all rough or "paddy" rice or milled rice (Oryza species) produced in or shipped into California, including mochi rice (sweet rice) and rice...
- California Food and Agricultural Code Section 55015
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 55020
The secretary shall appoint a committee, from nominations received from the commission, to administer Article 4 (commencing with Section 55040) and Article 5 (commencing with...
- California Food and Agricultural Code Section 55020.5
(a) The committee shall meet periodically for the purposes specified in Article 4 (commencing with Section 55040) and Article 5 (commencing with Section 55050). (b)...
- California Food and Agricultural Code Section 55021
All funds received from the assessments levied pursuant to this chapter shall be deposited in banks that the commission may designate and be accounted for...
- California Food and Agricultural Code Section 55022
(a) Upon receipt of a recommendation from the committee for the promulgation, amendment, or repeal of regulations, the secretary shall within 30 working days do...
- California Food and Agricultural Code Section 55040
The powers and duties of the committee shall include, but not be limited to, all of the following: (a) Identifying rices that have characteristics of...
- California Food and Agricultural Code Section 55047
The committee shall recommend to the secretary that regulations be adopted, amended, or repealed by the secretary to accomplish all of the following purposes: (a)...
- California Food and Agricultural Code Section 55050
Except as provided for in Section 55052, no person may plant, produce, process, or handle rice identified pursuant to subdivision (a) of Section 55040, except...
- California Food and Agricultural Code Section 55051
Except as specified in Section 55052, rice shall not be planted, produced, processed, or handled unless it has been reviewed by the committee for the...
- California Food and Agricultural Code Section 55052
(a) Except as set forth in this section, this chapter shall not apply to 50 acres or less of rice of any type planted for...
- California Food and Agricultural Code Section 55060
(a) Handlers of seed for the production of rice identified pursuant to subdivision (a) of Section 55040, shall annually pay to the commission an assessment...
- California Food and Agricultural Code Section 55061
The assessment shall be paid in the time and manner specified by the commission. No assessment shall be paid by any person for any rice...
- California Food and Agricultural Code Section 55062
The commission shall use all funds received pursuant to this chapter for the purposes of this chapter.
- California Food and Agricultural Code Section 55063
The commission shall publish an annual report of its activities including an accounting of the use of assessments collected pursuant to this chapter. The report,...
- California Food and Agricultural Code Section 55070
The commission may establish a program allowing for the certification of any verifiable attribute of rice. The commission may operate the program or contract with...
- California Food and Agricultural Code Section 55071
(a) The commission shall require any organization seeking to certify rice pursuant to this article to file the procedures and standards of an internationally recognized...
- California Food and Agricultural Code Section 55072
Organizations certifying rice shall keep accurate books, accounts, and records of all activities relating to certification. The records shall be preserved for a period of...
- California Food and Agricultural Code Section 55074
At the end of each rice producing season, as established by the commission, each organization certifying rice for the commission shall prepare a list of...
- California Food and Agricultural Code Section 55075
(a) Notwithstanding any other provision of law, any producer or handler of rice sold as a certified rice and any organization certifying rice for the...
- California Food and Agricultural Code Section 55076
Upon receipt of a petition from any person providing adequate evidence of good cause to do so, the commission may declare all rice produced within...
- California Food and Agricultural Code Section 55080
Every person engaged in this state in the production or handling of rice to be identified as certified pursuant to this chapter, shall register with...
- California Food and Agricultural Code Section 55081
Registration shall be on a form developed by the commission, or developed by its designate and approved by the commission, and shall be valid for...
- California Food and Agricultural Code Section 55082
Rice certified pursuant to this chapter shall be labeled as follows or with substantially similar language: "THIS LOT OF RICE CERTIFIED (accurate identification of specified...
- California Food and Agricultural Code Section 55083
This chapter shall apply to all rice sold as certified pursuant to this chapter within the state, wherever produced or handled, and to all rice...
- California Food and Agricultural Code Section 55100
(a) It is unlawful for any person to handle, advertise, or label rice in violation of this chapter. (b) Notwithstanding subdivision (a), a person engaged...
- California Food and Agricultural Code Section 55101
(a) It is unlawful for any person to certify rice in violation of this chapter. (b) It is unlawful for any person to certify rice...
- California Food and Agricultural Code Section 55102
(a) It is unlawful for any person to produce or handle rice sold as certified unless duly registered pursuant to Section 55080. (b) It is...
- California Food and Agricultural Code Section 55103
It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records as required by this chapter.
- California Food and Agricultural Code Section 55104
It is unlawful for any person to fail or refuse to pay any assessments levied pursuant to this chapter.
- California Food and Agricultural Code Section 55105
It is unlawful for any person to plant, produce, process, or handle rice, except in compliance with this chapter.
- California Food and Agricultural Code Section 55106
All remedies provided by this chapter are cumulative and not exclusive of any other remedy, whether initiated by the commission or the department.
- California Food and Agricultural Code Section 55108
Penalties received pursuant to this article shall be handled as specified in Section 55062.
- California Food and Agricultural Code Section 55110
The commission may receive and investigate complaints regarding alleged violations of this chapter. The commission may refer cases to the department for action.
- California Food and Agricultural Code Section 55111
(a) The commission shall provide notice to the person or persons, and to the secretary, alleged to have violated the provisions of this chapter informing...
- California Food and Agricultural Code Section 55111.5
The commission may enter into a written agreement with any person alleged to have violated this chapter that will cause the cessation of any alleged...
- California Food and Agricultural Code Section 55112
(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and for obtaining a...
- California Food and Agricultural Code Section 55113
The commission shall be entitled to receive reimbursement for any reasonable attorney's fees and other related costs, including, but not limited to, investigative costs, involved...
- California Food and Agricultural Code Section 55120
The department may investigate complaints referred to it by the commission regarding alleged violations of this chapter. The department may enter and inspect the premises...
- California Food and Agricultural Code Section 55121
The department may commence civil actions and utilize all remedies provided in law or equity for obtaining a writ of attachment, specific performance, or injunctive...
- California Food and Agricultural Code Section 55122
(a) The department may levy a civil penalty against any person who is grossly negligent or willfully violates this chapter in an amount of not...
- California Food and Agricultural Code Section 55123
(a) The department shall be entitled to receive reimbursement for any reasonable attorney's fees and other related costs, including, but not limited to, investigative costs,...
- California Food and Agricultural Code Section 55251
As used in this chapter: (a) "Grain and seed" includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by...
- California Food and Agricultural Code Section 55252
If the owner delivers any grain and seed to a grain and seed cleaner for cleaning, and desires to have the cleanings from the grain...
- California Food and Agricultural Code Section 55253
If a request is made by the owner, the cleaner shall sack or otherwise segregate the cleanings and give written notice to the owner when...
- California Food and Agricultural Code Section 55254
If the cleanings are not removed from the cleaning plant within five days after the mailing of the written notification to the owner, as provided...
- California Food and Agricultural Code Section 55255
If no disposition of the cleanings is provided for by law and authorization to move the cleanings if required by Section 7571 is received as...
- California Food and Agricultural Code Section 55401
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 55402
"Agent" means any person that on behalf of any processor contracts for or solicits any farm product from a producer of the farm product, or...
- California Food and Agricultural Code Section 55402.3
"Cash" means coin or currency of the United States, and does not include a check or money order.
- California Food and Agricultural Code Section 55402.5
"Cash buying processor" means any person who is engaged in the business of processing or manufacturing any farm product; who obtains from the producer of...
- California Food and Agricultural Code Section 55403
"Farm product" includes every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, poultry product, livestock product, and livestock for...
- California Food and Agricultural Code Section 55404
"Lender" includes any person that advances new value to a processor.
- California Food and Agricultural Code Section 55404.5
"Licensee" means any person licensed under the provisions of this chapter as a processor or cash buying processor.
- California Food and Agricultural Code Section 55405
"New value" includes any new advance or loan, whether in money or other property, which is made by a lender to a processor. It does...
- California Food and Agricultural Code Section 55406
"Packout basis" means that payment for the farm product is based on the grade or quality of the finished product, as determined at the completion...
- California Food and Agricultural Code Section 55407
"Processor" means any person that is engaged in the business of processing or manufacturing any farm product, that solicits, buys, contracts to buy, or otherwise...
- California Food and Agricultural Code Section 55408
"Producer" means any person that is engaged in the business of growing or producing any farm product.
- California Food and Agricultural Code Section 55409
Juice or must used for wine which, as a condition of sale, is required to be pressed or crushed from grapes in the field or...
- California Food and Agricultural Code Section 55431
The marketing of agricultural commodities within this state is hereby declared to be affected with the public interest. The provisions of this chapter are enacted...
- California Food and Agricultural Code Section 55432
The director may publish in pamphlet form as often as he thinks necessary a list of processors that are licensed pursuant to this chapter, together...
- California Food and Agricultural Code Section 55433
Any money in the Department of Food and Agriculture Fund which was derived pursuant to this chapter, or Chapter 7 (commencing with Section 56101), may...
- California Food and Agricultural Code Section 55435
No provisions in any bond which is given pursuant to any provision of this chapter which attempts by contract to shorten the period which is...
- California Food and Agricultural Code Section 55435.5
(a) Except pursuant to an exemption granted by the department, no person licensed under this chapter shall employ as an agent any person who meets...
- California Food and Agricultural Code Section 55436
Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following:...
- California Food and Agricultural Code Section 55437
The rights, remedies, and penalties which are provided for in this chapter are in addition to any other rights, remedies, or penalties which are provided...
- California Food and Agricultural Code Section 55438
Except as otherwise provided in this chapter, the provisions of Part 2 (commencing with Section 307) of the Code of Civil Procedure are applicable to,...
- California Food and Agricultural Code Section 55439
If any clause, sentence, paragraph, or part of this chapter is for any reason adjudged by any court of competent jurisdiction to be invalid, such...
- California Food and Agricultural Code Section 55461
This chapter does not apply to or include any nonprofit cooperative association which is organized and operating pursuant to Chapter 1 (commencing with Section 54001)...
- California Food and Agricultural Code Section 55462
For the purposes of trading in cattle, this chapter does not apply to or include any person who is bonded under the federal Packers and...
- California Food and Agricultural Code Section 55462
For the purposes of trading in cattle, this chapter does not apply to or include any person who is bonded under the federal Packers and...
- California Food and Agricultural Code Section 55481
A person shall not act as an agent unless such person has first obtained a license as provided in this chapter.
- California Food and Agricultural Code Section 55482
Every person, before acting as an agent, shall file an application with the director for a license to so act. The application shall be accompanied...
- California Food and Agricultural Code Section 55483
(a) Each application shall include all of the following: (1) Such information as the department may consider proper or necessary. (2) The name and address...
- California Food and Agricultural Code Section 55484
The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or...
- California Food and Agricultural Code Section 55484.5
(a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 55484 and an applicant's or holder's fitness for licensure....
- California Food and Agricultural Code Section 55484.75
(a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that...
- California Food and Agricultural Code Section 55485
The applicant shall satisfy the department of the applicant' s character, responsibility, and good faith in seeking to carry on the business that is stated...
- California Food and Agricultural Code Section 55485.5
A license is forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The holder surrenders the license...
- California Food and Agricultural Code Section 55485.75
(a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority...
- California Food and Agricultural Code Section 55488
(a) The department shall notify the applicant or holder in writing of the department's decision to bring charges to deny or revoke a license. (1)...
- California Food and Agricultural Code Section 55491
The director may issue to each agent a separate license card for each processor represented by the agent.
- California Food and Agricultural Code Section 55492
Any agent that displays a void or expired license card is guilty of a misdemeanor.
- California Food and Agricultural Code Section 55493
Each agent shall show his license upon the request of any interested person.
- California Food and Agricultural Code Section 55521
A person shall not act as a processor or a cash buying processor unless he has first obtained a license as provided in this chapter...
- California Food and Agricultural Code Section 55522
Every person, before acting as a processor or a cash buying processor, shall file an application with the director for a license to so act....
- California Food and Agricultural Code Section 55522.5
(a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the...
- California Food and Agricultural Code Section 55522.6
(a) If the Secretary of State suspends the corporate status of any licensee or if the corporate status is forfeited, the license is revoked by...
- California Food and Agricultural Code Section 55523
(a) Each application shall state all of the following: (1) The full name of the applicant. (2) If the applicant is a firm, exchange, association,...
- California Food and Agricultural Code Section 55523.1
In addition to the other requirements of this chapter, each application for a license, except for an application for a cash buying processor license, shall...
- California Food and Agricultural Code Section 55523.2
Any balance sheet or financial information prepared, retained, or submitted as required by this chapter that shows the applicant to be in an unsound financial...
- California Food and Agricultural Code Section 55523.3
(a) If the director is not satisfied that an applicant or licensee is financially responsible, the director may, in lieu of denying, suspending, or revoking...
- California Food and Agricultural Code Section 55523.4
If at any time the secretary has cause or reason to believe that any applicant or licensee is in an unsound financial condition so as...
- California Food and Agricultural Code Section 55523.5
Failure to file a financial statement as required by this chapter or to comply with the affidavit requirements of Section 55523.1 is a violation of...
- California Food and Agricultural Code Section 55523.6
Any financial statement submitted to the secretary pursuant to this chapter is confidential and shall not be divulged except at a hearing before the secretary...
- California Food and Agricultural Code Section 55524
The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or...
- California Food and Agricultural Code Section 55524.5
(a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 55524 and an applicant's or holder's fitness for licensure....
- California Food and Agricultural Code Section 55524.75
(a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that...
- California Food and Agricultural Code Section 55525
The applicant shall satisfy the department of the applicant' s character, responsibility, and good faith in seeking to carry on the business that is stated...
- California Food and Agricultural Code Section 55525.75
(a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority...
- California Food and Agricultural Code Section 55527.5
Any person who is adjudicated liable for payment of a claim for farm products which arose out of the conduct of a business licensed or...
- California Food and Agricultural Code Section 55527.6
(a) Licensees or applicants for a license shall be required to furnish and maintain a surety bond in a form and amount satisfactory to the...
- California Food and Agricultural Code Section 55528
(a) The department shall notify the applicant or holder in writing of the department's decision to bring charges to deny or revoke a license. (1)...
- California Food and Agricultural Code Section 55530
Each licensed processor shall post his license, or a copy of it, in his office or salesroom in plain view of the public.
- California Food and Agricultural Code Section 55581
If any farm product is sold to and purchased by any processor on the basis of weight, such product shall be weighed by a weighmaster...
- California Food and Agricultural Code Section 55601
Every processor shall pay for any farm product which is delivered to the processor at the time and in the manner which is specified in...
- California Food and Agricultural Code Section 55601.1
Section 55601.5 shall be known, and may be cited as, the "Clare Berryhill Grape Crush Report Act of 1976."
- California Food and Agricultural Code Section 55601.3
Upon the following, the processor shall notify the seller, on a form to be prescribed by the department, as to the requirements set forth in...
- California Food and Agricultural Code Section 55601.4
Notwithstanding the provisions of Section 55601, every processor who purchases livestock for slaughter shall make full payment of such livestock, by the transfer of collected...
- California Food and Agricultural Code Section 55601.5
(a) (1) Notwithstanding Section 55461, on or before January 10 of every year, every processor who crushes grapes in this state shall furnish to the...
- California Food and Agricultural Code Section 55601.6
(a) To provide funds to carry out Section 55601.5, each processor who crushes more than 100 tons of grapes in California shall pay to the...
- California Food and Agricultural Code Section 55601.7
Notwithstanding Section 55461, every processor who handles freestone peaches for freezing and drying in California shall furnish to the director, on or before December 10...
- California Food and Agricultural Code Section 55601.8
(a) The secretary shall not release, or otherwise make available, any information furnished by a cooperative or an individual processor under Section 55601.7 or this...
- California Food and Agricultural Code Section 55602
Every processor except a licensed winegrower, that purchases for freezing any farm product from the producer of the farm product on a packout basis shall...
- California Food and Agricultural Code Section 55603
If a specific grade or quality is a condition of a packout basis contract between the producer and the processor, such grade or quality shall...
- California Food and Agricultural Code Section 55604
Every contract between a processor and a producer which covers the purchase of any farm product on a packout basis shall designate the price to...
- California Food and Agricultural Code Section 55604.1
Where the processor is operating under continuous United States Department of Agriculture inspection, the United States Department of Agriculture grade determination shall be accepted as...
- California Food and Agricultural Code Section 55604.2
The provisions of Section 55581 of the Agricultural Code and Section 12713 of the Business and Professions Code do not apply to farm products purchased...
- California Food and Agricultural Code Section 55605
Every processor, except a licensed winegrower, that receives any farm product from the producer of the farm product for processing on a consigned basis shall...
- California Food and Agricultural Code Section 55606
If the processor has entered into a contract with two or more producers or consignors, which provides that the returns for any farm product which...
- California Food and Agricultural Code Section 55607
Every processor shall keep accurate books and records which show the name and address of any producer that is selling and making delivery of any...
- California Food and Agricultural Code Section 55608
Accurate grading and weight receipts shall be given by all processors to each producer, or his agent, upon each and every delivery. Each receipt shall...
- California Food and Agricultural Code Section 55609
Not later than five days after demand, the processor shall give to every such producer so requesting a full and complete statement of such producer's...
- California Food and Agricultural Code Section 55609.1
Remittance in full of the amount which is realized from such sales, including all collections, overcharges, and damages, less the agreed commission and other charges,...
- California Food and Agricultural Code Section 55610
A processor, in order to prevent loss or economic waste, may resell or redeliver any raw product purchased and received from the producer of the...
- California Food and Agricultural Code Section 55611
All records required to be kept under this chapter shall be kept for a period of four years.
- California Food and Agricultural Code Section 55613
(a) If the secretary determines by February 1 of any year, commencing in 1992, that an acreage survey of the grape crop is desired by...
- California Food and Agricultural Code Section 55631
Every producer of any farm product that sells any product which is grown by him to any processor under contract, express or implied, in addition...
- California Food and Agricultural Code Section 55631.5
Notwithstanding Section 55461, a nonprofit cooperative association acting as a producer bargaining association may assert producer's lien rights for, or on behalf of, its members.
- California Food and Agricultural Code Section 55632
This producer's lien attaches on all of such delivered product from the date of delivery of such farm product or any portion of it by...
- California Food and Agricultural Code Section 55633
The producer's lien is a preferred lien prior in dignity to all other liens, claims, or encumbrances except the following: (a) Labor claims for wages...
- California Food and Agricultural Code Section 55634
Every lien which is provided for in this article is on every farm product and any processed form of the farm product which is in...
- California Food and Agricultural Code Section 55635
The lien of a producer, unless sooner released by payment or by security which is given for the payment as provided in this article, attaches...
- California Food and Agricultural Code Section 55636
If suit is commenced by any such producer to enforce any lien, such lien shall remain in effect until one of the following occurs: (a)...
- California Food and Agricultural Code Section 55637
Any lien on any product or processed product may, however, be released, to the extent the value of the claim upon such product is secured,...
- California Food and Agricultural Code Section 55638
It is unlawful for any processor to remove, from this state or beyond his ownership or control, any farm product which is delivered to him,...
- California Food and Agricultural Code Section 55638.5
The director, within 15 days of the filing of a verified complaint by a producer, shall investigate any charge that a purchaser of a farm...
- California Food and Agricultural Code Section 55639
Any processor that desires to secure a release of any or all of such liens on any product or processed product may do so in...
- California Food and Agricultural Code Section 55640
If all lawful claims of the producers have been paid in accordance with this article by any processor, any product which is released by such...
- California Food and Agricultural Code Section 55641
If a bond, cash deposit, or security is given to the director by any processor as provided in this article, such processor may sell, transport,...
- California Food and Agricultural Code Section 55642
The director may accept such bond, if approved by him, and such other security. If the claims or any of them are not paid in...
- California Food and Agricultural Code Section 55643
If a bond has been given as security, the director shall notify the principal and surety of any default on the part of the principal...
- California Food and Agricultural Code Section 55644
If the director has received warehouse receipts for any processed product as security, and the processor giving them has failed to pay the claims in...
- California Food and Agricultural Code Section 55645
All claims in relation to payment shall have equal standing and payment shall be prorated if necessary among the claimants.
- California Food and Agricultural Code Section 55646
This article does not prevent the director if in his opinion the rights of all of the claimants are fully protected, as provided for in...
- California Food and Agricultural Code Section 55647
This article does not impair or affect the right of any claimant that possesses a lien to maintain a personal action to recover such debt...
- California Food and Agricultural Code Section 55648
The judgment, if any, which is obtained by the plaintiff in such personal action, or personal judgment which is obtained in such lien action, does...
- California Food and Agricultural Code Section 55649
In an action that is filed by any such lien claimant, the defendant processor may file with the court in which the action is pending...
- California Food and Agricultural Code Section 55650
Such processor may also, on motion duly noticed, introduce evidence to the court before whom any such action is pending to the effect that he...
- California Food and Agricultural Code Section 55651
The plaintiff in an action which is brought to foreclose any of the liens which are provided for in this article may, in a proper...
- California Food and Agricultural Code Section 55652
If in a court proceeding to foreclose such lien, it is found and determined by the court that there is no cash, bond, or other...
- California Food and Agricultural Code Section 55653
All actions filed by the director or producers against any processor for the foreclosure of the liens or other security which are provided for in...
- California Food and Agricultural Code Section 55701
As used in this article, the following definitions shall apply: (a) "Livestock" means any cattle, sheep, swine, goat, or any horse, mule, or other equine,...
- California Food and Agricultural Code Section 55702
(a) Except as otherwise provided in this section, any person who sells or furnishes livestock to a meatpacker, shall have a lien, not dependent upon...
- California Food and Agricultural Code Section 55703
Except as provided in this section, any lien created under Section 55702 shall continue in force for a period of five years from the date...
- California Food and Agricultural Code Section 55704
Any rights or remedies granted to a person who sells livestock pursuant to this article, are in addition to any other rights or remedies provided...
- California Food and Agricultural Code Section 55721
(a) If, in the opinion of the department, there appears to be reasonable grounds for investigating a complaint or notification made under the provisions of...
- California Food and Agricultural Code Section 55722
If the examination discloses evidence of any violation of this chapter, the department may issue a complaint detailing the charges and the discipline sought in...
- California Food and Agricultural Code Section 55722.5
(a) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181...
- California Food and Agricultural Code Section 55724
(a) Every licensee shall prepare and preserve the accounts, records, and memoranda required by this chapter which shall fully and correctly disclose all transactions involved...
- California Food and Agricultural Code Section 55725
The failure or refusal of any licensee to produce and make available to the director any books or records requested pursuant to this article, or...
- California Food and Agricultural Code Section 55741
The department, upon its own motion, may, or upon the verified complaint of any interested party and within 30 days of the filing of that...
- California Food and Agricultural Code Section 55742
Except as otherwise provided in Section 55743 or 55744, if the complaint is a bona fide dispute that involves any of the following, the department...
- California Food and Agricultural Code Section 55743
The jurisdiction that is otherwise reserved to the department in this chapter, however, is restored for the purposes of this chapter if the authorities responsible...
- California Food and Agricultural Code Section 55744
The department also has jurisdiction over any such complaint or dispute if the processor has failed to perform in accordance with any alternative dispute resolution...
- California Food and Agricultural Code Section 55745
Any verified complaint filed with the department pursuant to this chapter shall be filed not later than nine months from the date a complete account...
- California Food and Agricultural Code Section 55811
If any person in any proceedings before the director disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to...
- California Food and Agricultural Code Section 55812
The court shall thereupon issue an order which directs the person to appear before the court and show cause why he should not be punished...
- California Food and Agricultural Code Section 55813
The same proceedings shall be had, the same penalties may be imposed, and the person charged may purge himself of the contempt in the same...
- California Food and Agricultural Code Section 55861
(a) Except as otherwise provided in this article or in Section 56574, each applicant for a license shall pay to the department a fee in...
- California Food and Agricultural Code Section 55861.5
The fees provided by Section 55861 are maximum fees. The secretary may fix those fees at a lesser amount, and may adjust those fees from...
- California Food and Agricultural Code Section 55862
(a) (1) If any processor does not apply for the renewal of a preexisting license on or before the date of expiration of the license,...
- California Food and Agricultural Code Section 55862.7
(a) If any person is found to be operating a business without the license required by Section 55521, or failed to pay a fee in...
- California Food and Agricultural Code Section 55863
Any person that has applied for and obtained a license pursuant to this chapter may apply for and secure a license under Chapter 7 (commencing...
- California Food and Agricultural Code Section 55863.5
Any person who has applied for and obtained a license as agent, in the manner and upon the payment of the fee which is set...
- California Food and Agricultural Code Section 55864
All fees which are collected pursuant to this chapter shall be paid into the State Treasury monthly and shall be credited to the Department of...
- California Food and Agricultural Code Section 55872
It is a violation of this chapter if the applicant, or licensee, has failed or refused to pay for any farm product at the time...
- California Food and Agricultural Code Section 55873
It is a violation of this chapter if the applicant, or licensee, has rejected, without reasonable cause, or has refused to accept, without reasonable cause,...
- California Food and Agricultural Code Section 55874
It is a violation of this chapter if the licensee has knowingly employed an agent without causing the agent to comply with the licensing requirements...
- California Food and Agricultural Code Section 55875
It is a violation of this chapter if the licensee has failed or refused, upon demand, to permit the director or his agents to make...
- California Food and Agricultural Code Section 55876
It is a violation of this chapter if the applicant, or licensee, has otherwise violated any provision of this chapter or Chapter 7 (commencing with...
- California Food and Agricultural Code Section 55877
It is a violation of this chapter if the licensee licensed as a cash buying processor has bought or otherwise taken title to, or possession...
- California Food and Agricultural Code Section 55878
The failure or refusal of a processor to make payment for any farm product within the time which is specified for such payment in the...
- California Food and Agricultural Code Section 55879
It is a violation of this chapter if the applicant or licensee has failed or refused to render a true and correct account of sales...
- California Food and Agricultural Code Section 55880
It is a violation of this chapter if the licensee or applicant has failed or refused to file with the director a schedule of his...
- California Food and Agricultural Code Section 55881
Under a contract for the purchase or handling of any farm product, any delinquent payment of money under this chapter shall also include a late...
- California Food and Agricultural Code Section 55882
It is a violation of this chapter if a licensee fails, neglects, or refuses to collect or remit any assessments that have been levied in...
- California Food and Agricultural Code Section 55901
(a) Except as specified in Section 55902, any misdemeanor which is prescribed by this article is punishable by a fine of not less than five...
- California Food and Agricultural Code Section 55902
It is a misdemeanor for any person subject to this chapter to act as a processor or agent without a license, and is punishable by...
- California Food and Agricultural Code Section 55902.2
It is a misdemeanor for any person subject to this chapter to pay license fees in an amount less than that amount established under subdivision...
- California Food and Agricultural Code Section 55902.5
It is a misdemeanor for any person licensed as a cash buying processor to buy or otherwise take title to, or possession of, any farm...
- California Food and Agricultural Code Section 55903
It is a misdemeanor for any person that is subject to this chapter to willfully refuse to pay for any farm product which such person...
- California Food and Agricultural Code Section 55904
It is a misdemeanor for any person that is subject to this chapter to falsely deny the amount, or the validity, of any producer' s...
- California Food and Agricultural Code Section 55905
It is a misdemeanor for any person that is subject to this chapter to sell, hypothecate, sequester with intent to defraud any producer, or in...
- California Food and Agricultural Code Section 55906
It is a misdemeanor for any person that is subject to this chapter to fail to comply with this chapter.
- California Food and Agricultural Code Section 55921
The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which...
- California Food and Agricultural Code Section 55922
(a) Any person that violates any provision of this chapter is liable civilly in the sum of not less than five hundred dollars ($500) or...
- California Food and Agricultural Code Section 56101
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 56102
"Agent" means any person who on behalf of any licensee receives on consignment, contracts for, or solicits for sale on commission, any farm product from...
- California Food and Agricultural Code Section 56103
"Broker" means any person that negotiates the purchase or sale of any farm product. A broker may not, however, handle either the farm product which...
- California Food and Agricultural Code Section 56103.5
"Cash" means coin or currency of the United States, and does not include a check or money order.
- California Food and Agricultural Code Section 56104
"Cash buyer" means any person who obtains title to, possession or control of, or buys or agrees to buy any farm product from a licensee...
- California Food and Agricultural Code Section 56105
"Commission merchant" means any person, as follows: (a) Who receives on consignment or solicits any farm product from a licensee or producer of the product....
- California Food and Agricultural Code Section 56106
"Consignor" includes any person that ships or delivers to any commission merchant or dealer any farm product for handling, sale, or resale.
- California Food and Agricultural Code Section 56107
"Dealer" means any person who obtains title to, or possession, control, or delivery of, any farm product from a licensee or producer at a designated...
- California Food and Agricultural Code Section 56108
"Established place of business" means any permanent warehouse, building, or structure which is owned in fee or leased, at which the owner or lessee carries...
- California Food and Agricultural Code Section 56109
"Farm product" includes every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter,...
- California Food and Agricultural Code Section 56109.5
"Licensee" means any person licensed under this chapter as a broker, cash buyer, commission merchant, or dealer.
- California Food and Agricultural Code Section 56110
"Producer" means any person that is engaged in the business of growing or producing any farm product.
- California Food and Agricultural Code Section 56131
The marketing of agricultural commodities within this state is hereby declared to be affected with a public interest. The provisions of this chapter are enacted...
- California Food and Agricultural Code Section 56132
The director may publish in pamphlet form as often as he thinks necessary a list of all licensees and agents that are licensed pursuant to...
- California Food and Agricultural Code Section 56133
Any money in the Department of Food and Agriculture Fund which was derived pursuant to this chapter or Chapter 6 (commencing with Section 55401) may...
- California Food and Agricultural Code Section 56133.5
(a) Except pursuant to an exemption granted by the department, no person licensed under this chapter shall employ any person as an agent, or who...
- California Food and Agricultural Code Section 56134
Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following:...
- California Food and Agricultural Code Section 56134.5
The rights, remedies, and penalties that are provided for in this chapter are in addition to any other rights, remedies, or penalties that are provided...
- California Food and Agricultural Code Section 56134.75
Except as otherwise provided in this chapter, Part 2 (commencing with Section 307) of the Code of Civil Procedure is applicable to, and constitutes the...
- California Food and Agricultural Code Section 56135
If any clause, sentence, paragraph, or part of this chapter is for any reason, adjudged by any court of competent jurisdiction to be invalid, such...
- California Food and Agricultural Code Section 56136
(a) No person, other than a corporate officer, licensed and employed as an agent, shall control the business of the licensee, as determined by the...
- California Food and Agricultural Code Section 56161
This chapter does not apply to or include any of the following: (a) Any nonprofit cooperative association organized and operating pursuant to Chapter 1 (commencing...
- California Food and Agricultural Code Section 56162
This chapter does not apply to any person that buys, receives, or otherwise handles any farm product for human consumption whose business is the distribution...
- California Food and Agricultural Code Section 56181
Except as otherwise provided in Section 55610, any person engaged in the business of buying, receiving on consignment, soliciting for sale on commission, or negotiating...
- California Food and Agricultural Code Section 56182
Any person required by Section 56181 to be licensed shall file an application with the director for a license to transact business before engaging in...
- California Food and Agricultural Code Section 56182.5
(a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the...
- California Food and Agricultural Code Section 56182.6
(a) If the Secretary of State suspends the corporate status of any licensee or if the corporate status is forfeited, the license is revoked by...
- California Food and Agricultural Code Section 56183
The application shall in each case state all of the following: (a) Every class of farm products which the applicant proposes to handle. (b) The...
- California Food and Agricultural Code Section 56183.5
(a) An initial application, at a minimum, shall include the following: (1) A release authorizing the department, during consideration of the application and for the...
- California Food and Agricultural Code Section 56184
In addition to the general requirements which are applicable to all applications as set forth in this article, the following requirements shall apply to each...
- California Food and Agricultural Code Section 56185
The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or...
- California Food and Agricultural Code Section 56185.5
(a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 56185 and an applicant's or holder's fitness for licensure....
- California Food and Agricultural Code Section 56185.75
(a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that...
- California Food and Agricultural Code Section 56186
The department shall require the applicant to make a showing of character, responsibility, and good faith in seeking to carry on the business that is...
- California Food and Agricultural Code Section 56186.5
A license is forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The holder surrenders the license...
- California Food and Agricultural Code Section 56186.75
(a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority...
- California Food and Agricultural Code Section 56189
Any person who is adjudicated liable for payment of a claim for farm products that arose out of the conduct of a business licensed or...
- California Food and Agricultural Code Section 56189.2
In addition to the other requirements of this chapter, each application for a license, except for a cash buyer's license, shall include an affidavit in...
- California Food and Agricultural Code Section 56189.5
(a) Licensees or applicants for a license shall be required to furnish and maintain a surety bond in a form and amount satisfactory to the...
- California Food and Agricultural Code Section 56190
(a) The department shall notify the applicant or holder in writing of the department's decision to bring charges to deny, suspend, or revoke a license....
- California Food and Agricultural Code Section 56193
Each licensee shall post his license or a copy of it in his office or salesroom in plain view of the public.
- California Food and Agricultural Code Section 56194
The director shall issue to any individual or member of a partnership, a card which specifies that he or his firm is licensed. The licensee...
- California Food and Agricultural Code Section 56195
The director may also issue to each agent a separate card for each principal which the agent represents, which shall bear the signature of the...
- California Food and Agricultural Code Section 56196
All indicia of the possession of a license are at all times the property of this state. Each licensee is entitled to the possession of...
- California Food and Agricultural Code Section 56251
A licensee that finances, lends money, or otherwise makes advances of money or credits to another licensee may not deduct from the proceeds of any...
- California Food and Agricultural Code Section 56252.2
(a) If the director is not satisfied that an applicant or licensee is financially responsible, the director may, in lieu of denying, suspending, or revoking...
- California Food and Agricultural Code Section 56253
The secretary may require a licensee to file a balance sheet or statement of financial position that presents fairly the financial condition of such licensee....
- California Food and Agricultural Code Section 56254
Any financial statement submitted to the director pursuant to the provisions of this article is confidential and shall not be divulged except if necessary for...
- California Food and Agricultural Code Section 56255
(a) Every licensee shall prepare and preserve the accounts, records, and memoranda required by this chapter which shall fully and correctly disclose all transactions involved...
- California Food and Agricultural Code Section 56271
Every commission merchant, that receives any farm product for sale as a commission merchant, shall promptly make and keep a correct record which shows in...
- California Food and Agricultural Code Section 56272
When requested by his consignors, a commission merchant shall, before the close of the next business day following such request, transmit to the consignor a...
- California Food and Agricultural Code Section 56273
The full amount which is realized from the sales, including all collections, overcharges, and damages, less the agreed commission and other charges, together with a...
- California Food and Agricultural Code Section 56273.1
(a) For purposes of this chapter, an account of sales shall be deemed complete if it consists of all of the following information: (1) The...
- California Food and Agricultural Code Section 56274
In the account, the names and addresses of purchasers need not be given. Where a commission merchant has entered into a contract with two or...
- California Food and Agricultural Code Section 56275
Every licensee operating as a commission merchant shall retain a copy of all records which cover each transaction, which copy shall at all times be...
- California Food and Agricultural Code Section 56276
If there is any dispute or disagreement between a consignor and a commission merchant which arises at the time of delivery as to condition, quality,...
- California Food and Agricultural Code Section 56277
Such certificate is prima facie evidence of the truth of the statements contained therein. The presumption established by this section is a presumption affecting the...
- California Food and Agricultural Code Section 56278
Proof of any sale of any farm product which is made by a commission merchant for less than the current market price to any person...
- California Food and Agricultural Code Section 56279
The burden of proof shall be upon the commission merchant to prove the correctness of any accounting required to be performed by the commission merchant...
- California Food and Agricultural Code Section 56280
(a) A commission merchant shall notify each consignor with whom he or she does business of this section. The notice shall be given in writing...
- California Food and Agricultural Code Section 56280.5
Any agreement waiving any right guaranteed by this chapter shall set forth in exact language the provision of this code being waived. Upon request by...
- California Food and Agricultural Code Section 56281
A commission merchant shall notify each consignor with whom he or she does business of the provisions affecting the consignor that are contained in Sections...
- California Food and Agricultural Code Section 56282
(a) Pursuant to this chapter, upon the verified complaint of the consignor, the secretary may disallow to a commission merchant, all or part of, any...
- California Food and Agricultural Code Section 56283
Every commission merchant who receives any farm product for sale on consignment shall exercise reasonable care and diligence in disposing of the product in a...
- California Food and Agricultural Code Section 56301
Every licensee operating as a dealer who purchases any farm product from the producer of the farm product or from any licensee for the purpose...
- California Food and Agricultural Code Section 56302
Every dealer shall pay for any farm product purchased by him at the time and in the manner specified in the contract with the producer...
- California Food and Agricultural Code Section 56302.5
Upon the following, a licensee operating as a dealer shall notify the seller on a form to be prescribed by the department, as to the...
- California Food and Agricultural Code Section 56331
(a) Every licensee operating as a broker, upon negotiating the sale of farm products, shall issue to both buyer and seller a written memorandum of...
- California Food and Agricultural Code Section 56332
A licensee operating as a broker shall not alter the terms of the transaction as specified on his original memorandum of sale without the consent...
- California Food and Agricultural Code Section 56351
A claim may not be made against the seller of any farm product by a licensee pursuant to this chapter, and no credit may be...
- California Food and Agricultural Code Section 56352
The certificate is not valid as proof of a proper claim, credit, or offset unless it is issued within 24 hours of the receipt by...
- California Food and Agricultural Code Section 56381
(a) If, in the opinion of the department, there appears to be reasonable grounds for investigating a complaint or notification made under the provisions of...
- California Food and Agricultural Code Section 56382
If the examination discloses evidence of any violation of this chapter, the department may issue a complaint detailing the charges and the discipline sought in...
- California Food and Agricultural Code Section 56382.5
(a) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181...
- California Food and Agricultural Code Section 56382.8
(a) In addition to all other complaint procedures provided for in this chapter, any aggrieved grower or licensee with a complaint that is not subject...
- California Food and Agricultural Code Section 56383
The failure or refusal of any licensee to produce and make available to the director any such books or records, or otherwise to obstruct such...
- California Food and Agricultural Code Section 56411
For the purpose of enforcing this chapter, the director may receive verified complaints from producers or licensees against any person licensed pursuant to this chapter...
- California Food and Agricultural Code Section 56412
The director may administer oaths of verification on the complaints.
- California Food and Agricultural Code Section 56413
He shall have free and unimpeded access at all times to any building, yard, warehouse, or storage or transportation facility in which any farm product...
- California Food and Agricultural Code Section 56414
He may do all of the following: (a) Administer oaths and take testimony under oath. (b) Issue subpoenas which require the attendance of witnesses before...
- California Food and Agricultural Code Section 56415
All parties disobeying the orders or subpoenas of the director are guilty of contempt and shall be certified to the superior court of the state...
- California Food and Agricultural Code Section 56441
The director on his own motion may, or upon the verified complaint of any interested party shall, investigate, examine, or inspect any of the following:...
- California Food and Agricultural Code Section 56442
In furtherance of any such investigation, examination, or inspection, the director may examine the ledgers, books, accounts, memoranda and other documents, farm products, scales, measures,...
- California Food and Agricultural Code Section 56443
Except as otherwise provided in Section 56444 or 56445, if the complaint is a bona fide dispute that involves any of the following, the department...
- California Food and Agricultural Code Section 56444
The jurisdiction that is otherwise reserved to the department in this chapter is, however, restored for the purposes of this chapter if the authorities responsible...
- California Food and Agricultural Code Section 56445
The department also has jurisdiction over any complaint or dispute if the licensee has failed to perform in accordance with any alternative dispute procedure award...
- California Food and Agricultural Code Section 56446
Any verified complaint filed with the department pursuant to this chapter shall be filed not later than nine months from the date a complete account...
- California Food and Agricultural Code Section 56447
If a licensee fails to pay farm products creditors for any farm product that is received on consignment from the creditors, or fails to pay...
- California Food and Agricultural Code Section 56501
If any person in any proceedings before the director disobeys or resists any lawful order, refuses to respond to a subpoena, refuses to take the...
- California Food and Agricultural Code Section 56502
The court shall thereupon issue an order which directs the person to appear before the court and show cause why he should not be punished...
- California Food and Agricultural Code Section 56503
The same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same...
- California Food and Agricultural Code Section 56571
(a) Except as otherwise provided in this article or Section 55863, each applicant for a license shall pay to the department a fee in accordance...
- California Food and Agricultural Code Section 56571.5
The fees provided by Section 56571 are maximum fees. The secretary may fix those fees at a lesser amount, and may adjust those fees from...
- California Food and Agricultural Code Section 56572
(a) (1) If any licensee does not apply for the renewal of a preexisting license on or before the date of the expiration of the...
- California Food and Agricultural Code Section 56573.5
(a) If any person is found to be operating a business without the license required by Section 56181 or failed to pay the fee in...
- California Food and Agricultural Code Section 56574
Any person who has obtained a license pursuant to this chapter may secure a license pursuant to Chapter 6 (commencing with Section 55401) by filing...
- California Food and Agricultural Code Section 56574.5
Any person who has applied for and obtained a license as agent, in the manner and upon the payment of the fee which is set...
- California Food and Agricultural Code Section 56576
All license fees which are collected pursuant to this chapter shall be paid into the State Treasury monthly and shall be credited to the Department...
- California Food and Agricultural Code Section 56602
It is a violation of this chapter if the applicant or licensee has made any fraudulent charges or returns for the handling, sale, or storage...
- California Food and Agricultural Code Section 56603
It is a violation of this chapter if the applicant, or licensee, has failed or refused to render a true account of sales, or to...
- California Food and Agricultural Code Section 56604
It is a violation of this chapter if the applicant, or licensee, has made any false statement as to the condition, quality, or quantity of...
- California Food and Agricultural Code Section 56605
It is a violation of this chapter if the applicant, or licensee, directly or indirectly, has purchased for his, or its, own account any farm...
- California Food and Agricultural Code Section 56606
It is a violation of this chapter if the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of...
- California Food and Agricultural Code Section 56607
It is a violation of this chapter if the applicant or licensee has made any fictitious sale or has been guilty of collusion to defraud...
- California Food and Agricultural Code Section 56608
It is a violation of this chapter if a commission merchant to whom any consignment is made has reconsigned such consignment to another commission merchant...
- California Food and Agricultural Code Section 56609
It is a violation of this chapter if the licensee was intentionally guilty of fraud or deception in the procurement of such license.
- California Food and Agricultural Code Section 56610
It is a violation of this chapter if the licensee or applicant has failed or refused to file with the director a schedule of his...
- California Food and Agricultural Code Section 56611
It is a violation of this chapter if the applicant, or licensee, has indulged in any unfair practice.
- California Food and Agricultural Code Section 56612
It is a violation of this chapter if the licensee: (a) Has rejected without reasonable cause or has failed or refused to accept without reasonable...
- California Food and Agricultural Code Section 56613
It is a violation of this chapter if the licensee has otherwise violated any provision of this chapter.
- California Food and Agricultural Code Section 56614
It is a violation of this chapter if the licensee has knowingly employed an agent, without causing the agent to comply with the licensing requirements...
- California Food and Agricultural Code Section 56615
It is a violation of this chapter if the applicant or licensee has in the handling of any farm product been guilty of fraud, deceit,...
- California Food and Agricultural Code Section 56616
It is a violation of this chapter if the licensee has failed or refused, upon demand, to permit the director or his agents to make...
- California Food and Agricultural Code Section 56617
It is a violation of this chapter if the licensee without reasonable cause has failed or refused to execute or carry out a lawful contract...
- California Food and Agricultural Code Section 56618
It is a violation of this chapter if the licensee has failed or refused to keep and maintain the records as required by this chapter.
- California Food and Agricultural Code Section 56619
It is a violation of this chapter if a dealer has obtained title to or possession, control, or delivery of any farm product from another...
- California Food and Agricultural Code Section 56619.5
It is a violation of this chapter for a person licensed as a cash buyer to buy or otherwise take title to or possession of...
- California Food and Agricultural Code Section 56620
Under a contract for the purchase or handling of any farm products, any delinquent payment of money under this chapter shall also include a late...
- California Food and Agricultural Code Section 56621
It is a violation of this chapter if a licensee fails, neglects, or refuses to collect or remit any assessments that have been levied in...
- California Food and Agricultural Code Section 56623
It is a violation of this chapter if any commission merchant who collects or receives funds in connection with the sale of consigned farm products...
- California Food and Agricultural Code Section 56631
(a) Except as specified in Section 56632, any misdemeanor which is prescribed in this article is punishable by a fine of not less than five...
- California Food and Agricultural Code Section 56632
It is a misdemeanor for any person to assume or attempt to act, or to act, as a licensee or agent without a license and...
- California Food and Agricultural Code Section 56632.2
It is a misdemeanor for any person subject to this chapter to pay license fees in an amount less than that amount established under subdivision...
- California Food and Agricultural Code Section 56632.5
It is a misdemeanor for any person licensed as a cash buyer to buy or otherwise take title to, or possession of, any farm product...
- California Food and Agricultural Code Section 56633
It is a misdemeanor for any person to impose any false charge for handling or services in connection with any farm product.
- California Food and Agricultural Code Section 56634
It is a misdemeanor for any person to fail to account promptly, correctly, fully, and properly and to make settlement of accounts as provided in...
- California Food and Agricultural Code Section 56635
It is a misdemeanor for any person to intentionally make any false or misleading statement as to market conditions.
- California Food and Agricultural Code Section 56636
It is a misdemeanor for any person to make any fictitious sale or be guilty of collusion to defraud a producer or licensee.
- California Food and Agricultural Code Section 56637
It is a misdemeanor for any person to directly or indirectly purchase for his own account, goods which are received by him upon consignment without...
- California Food and Agricultural Code Section 56638
It is a misdemeanor for any person to intentionally make any false statement regarding the grade, conditions, markings, quality, or quantity of any goods which...
- California Food and Agricultural Code Section 56639
It is a misdemeanor for any person to fail to comply in every respect with the provisions of this chapter.
- California Food and Agricultural Code Section 56651
The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which...
- California Food and Agricultural Code Section 56652
(a) Any person that violates any provision of this chapter is liable civilly in the sum of not less than five hundred dollars ($500) or...
- California Food and Agricultural Code Section 56701
There is in the Department of Agriculture Fund the Farm Products Trust Fund, which is hereby created.
- California Food and Agricultural Code Section 56701.5
(a) No further claims shall be made against the products fund subsequent to January 1, 1998, and no further assessment may be collected for deposit...
- California Food and Agricultural Code Section 56702
For the purposes of this chapter, "products fund" means the Farm Products Trust Fund.
- California Food and Agricultural Code Section 56702.5
"Farm products creditor" means either of the following: (a) A person who produced and sold a farm product produced in this state to a person...
- California Food and Agricultural Code Section 56703
In addition to the fees required under Article 16 (commencing with Section 55861) of Chapter 6 and Article 17 (commencing with Section 56571) of Chapter...
- California Food and Agricultural Code Section 56704
The money deposited in the products fund shall only be used to pay for farm products grown or produced within this state which have not...
- California Food and Agricultural Code Section 56704.5
Claims may only be made against the products fund by a farm products creditor.
- California Food and Agricultural Code Section 56705
If a person licensed under Chapter 6 (commencing with Section 55401) or Chapter 7 (commencing with Section 56101) fails to pay a farm products creditor...
- California Food and Agricultural Code Section 56705.5
Only those claims filed pursuant to Section 56705 or as a result of a verified complaint filed pursuant to Section 55751 or 56451 shall be...
- California Food and Agricultural Code Section 56706
If the farm products creditor fails, refuses, or neglects to file in the office of the director his or her verified claim as requested by...
- California Food and Agricultural Code Section 56707
Upon ascertaining all claims and statements against a respondent licensee, the director shall pay, up to the amount specified in Section 56708, from the products...
- California Food and Agricultural Code Section 56708
The director may only pay up to 50 percent of any claim from the products fund. In no case shall the total paid all the...
- California Food and Agricultural Code Section 56709
No payment shall be made from the products fund by the director on any claim until he determines, to his satisfaction, that all possible recoveries...
- California Food and Agricultural Code Section 56710
This chapter does not preclude a claimant from bringing any action against the licensee in any court having jurisdiction.
- California Food and Agricultural Code Section 56711
A creditor's claim shall be paid under this chapter only if the claim is based on a transaction with a processor, dealer, broker, or commission...
- California Food and Agricultural Code Section 56712
If a payment is made to any creditor from the products fund, the director shall be subrogated to all of the creditor's rights of recovery...
- California Food and Agricultural Code Section 56713
In the event any moneys are expended from the products fund on behalf of any licensee, such licensee shall not be licensed in this state...
- California Food and Agricultural Code Section 56714
Any money in the products fund, which the director determines is available for investment, may be invested or reinvested by the State Treasurer in any...
- California Food and Agricultural Code Section 56715
Any transactions with a licensee made after the licensee has filed bankruptcy shall not be covered under this chapter until the bankruptcy is resolved. A...
- California Food and Agricultural Code Section 56716
Any transactions with a licensee made after a verified complaint has been filed by a claimant due to default by the licensee shall not be...
- California Food and Agricultural Code Section 56717
This chapter shall remain in effect only until the date upon which all of the funds remaining in the products fund have been distributed pursuant...
- California Food and Agricultural Code Section 56801
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 56802
"Association" means an association of produce dealers which is organized to carry out the responsibilities of produce dealers which are imposed by this chapter.
- California Food and Agricultural Code Section 56803
"City" includes city and county.
- California Food and Agricultural Code Section 56804
"Commissioner," with respect to any matter which relates to a particular market, means the deputy labor commissioner who is in charge of the office of...
- California Food and Agricultural Code Section 56805
"Director" means the Director of Industrial Relations.
- California Food and Agricultural Code Section 56806
"Farm product" means any fruit, nut, vegetable, berry, or aquacultural product.
- California Food and Agricultural Code Section 56807
"Market" means the places of business, collectively, of produce dealers that operate in a city, or the vicinity of a city, and that deal in...
- California Food and Agricultural Code Section 56808
"Produce dealer" includes "commission merchant," as defined in Section 56105, and "dealer," as defined in Section 56107. It does not, however, include a "broker," as...
- California Food and Agricultural Code Section 56809
"Registered unloader" means a person who unloads any farm product in a market. It does not, however, include any of the following: (a) A producer...
- California Food and Agricultural Code Section 56810
"Union" means the labor union which has been recognized by the National Labor Relations Board, or other governmental agency which has jurisdiction, as the bargaining...
- California Food and Agricultural Code Section 56831
It is the purpose of this chapter to promote the orderly marketing of farm products and the establishment of reasonable charges for unloading such products...
- California Food and Agricultural Code Section 56832
The director may make such regulations as he may deem necessary to carry out this chapter and to effectuate its purposes.
- California Food and Agricultural Code Section 56861
This chapter does not apply to any market in which less than five produce dealers operate.
- California Food and Agricultural Code Section 56862
This chapter does not apply to any produce dealer at whose place of business every farm product which is delivered is unloaded without charge by...
- California Food and Agricultural Code Section 56863
This chapter does not apply to any market in Los Angeles County.
- California Food and Agricultural Code Section 56891
Every person who unloads any farm product in a market and who is a registered unloader shall register his name, Federal Social Security number, and...
- California Food and Agricultural Code Section 56892
Every producer who transports any farm product to a market may register himself or herself, his or her parents, and his or her sons or...
- California Food and Agricultural Code Section 56893
Every produce dealer that operates in a market is responsible for providing that registered unloaders sufficient in number to do the work which is required...
- California Food and Agricultural Code Section 56921
In order to facilitate the carrying out of their responsibilities pursuant to this chapter, the produce dealers that operate in a market may organize an...
- California Food and Agricultural Code Section 56922
An association may do all of the following: (a) Obtain a dispatching service from which registered unloaders may be sent to the places where their...
- California Food and Agricultural Code Section 56923
The costs of services of an association to its members for carrying out any of the activities which are provided for or required by this...
- California Food and Agricultural Code Section 56951
Each produce dealer that operates within a market shall establish a scale of charges for unloading any farm product which is transported to his place...
- California Food and Agricultural Code Section 56952
Any scale of charges which is established pursuant to this article may be modified from time to time in accordance with the method and procedure...
- California Food and Agricultural Code Section 56953
The scale of charges which is established shall be the standard charge for unloading any farm product in the market.
- California Food and Agricultural Code Section 56954
A person shall not charge or receive any payment for unloading any farm product in excess of the standard charge which is established for the
- California Food and Agricultural Code Section 56955
The scale of charges shall be established as follows: (a) If all the produce dealers in a market, or a majority of such produce dealers,...
- California Food and Agricultural Code Section 56956
Upon the determination of a scale of charges for a market, the scale of charges shall be transmitted to the director. The director shall examine...
- California Food and Agricultural Code Section 56957
If the director determines that the scale of charges is not unreasonable, he shall approve the scale and thereafter the scale of charges shall be...
- California Food and Agricultural Code Section 56958
If the director finds that the scale of charges is unreasonable, he shall fix a time and place for a hearing on the matter. Notice...
- California Food and Agricultural Code Section 56959
At the hearing the director shall consider any relevant matters that may be presented and, at or after the conclusion of such hearing, he shall...
- California Food and Agricultural Code Section 56981
The violation of any provision of this chapter by any person is a misdemeanor.
- California Food and Agricultural Code Section 56982
The violation of any provision of this chapter by a produce dealer is grounds for the revocation of his license, and the violation of any...
- California Food and Agricultural Code Section 57001
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 57002
"Association" means an association of produce dealers which is organized to carry out the responsibilities of produce dealers which are imposed by this chapter.
- California Food and Agricultural Code Section 57003
"City" includes city and county.
- California Food and Agricultural Code Section 57004
"Commissioner," with respect to any matter which relates to a particular market, means the deputy labor commissioner who is in charge of the office of...
- California Food and Agricultural Code Section 57005
"Director" means the Director of Industrial Relations.
- California Food and Agricultural Code Section 57007
"Farm product" means any fruit, nut, vegetable, berry, or aquacultural product.
- California Food and Agricultural Code Section 57008
"Hauler" means any trucker or carrier.
- California Food and Agricultural Code Section 57009
"Market" means the places of business, collectively, of produce dealers that operate in a city, or the vicinity of a city, and that deal in...
- California Food and Agricultural Code Section 57010
"Produce dealer" includes "commission merchant," as defined in Section 56105, and "dealer," as defined in Section 56107. It does not, however, include a "broker," as...
- California Food and Agricultural Code Section 57011
"Producer" means any person who commercially grows and markets farm products.
- California Food and Agricultural Code Section 57012
"Registered unloader" means a person who unloads any farm product in a market. It does not, however, include any of the following: (a) A producer...
- California Food and Agricultural Code Section 57013
"Union" means the labor union which has been recognized by the National Labor Relations Board, or other governmental agency which has jurisdiction, as the bargaining...
- California Food and Agricultural Code Section 57015
It is the purpose of this chapter to promote the orderly marketing of farm products and the establishment of reasonable charges for unloading such products...
- California Food and Agricultural Code Section 57016
The director may make such regulations as he may deem necessary to carry out this chapter and to effectuate its purposes.
- California Food and Agricultural Code Section 57017
This chapter does not apply to any market in which less than five produce dealers operate.
- California Food and Agricultural Code Section 57018
This chapter does not apply to any produce dealer at whose place of business every farm product which is delivered is unloaded without charge by...
- California Food and Agricultural Code Section 57021
Every person who unloads any farm product in a market and who is a registered unloader shall register his name, federal social security number, and...
- California Food and Agricultural Code Section 57022
Every producer who transports any farm product to a market may register himself, his father or mother, and his sons or daughters, and regular full-time...
- California Food and Agricultural Code Section 57023
Every produce dealer that operates in a market is responsible for having on hand at his place of business a responsible person to receipt for...
- California Food and Agricultural Code Section 57024
All vehicles shall be unloaded in a timely manner and in the order in which they arrive at the market, when the vehicles are unloaded...
- California Food and Agricultural Code Section 57025
In order to facilitate the carrying out of their responsibilities pursuant to this chapter, the produce dealers that operate in a market may organize an...
- California Food and Agricultural Code Section 57027
An association may provide for watchman service to protect and give a receipt for any farm product which is delivered to a market at times...
- California Food and Agricultural Code Section 57028
The costs of services of an association to its members for carrying out any of the activities which are provided for or required by this...
- California Food and Agricultural Code Section 57031
(a) Any union representing registered unloaders is authorized and entitled to bargain with the employer of the registered unloaders to establish a scale of charges...
- California Food and Agricultural Code Section 57032
The scale of charges which is established shall be the standard charge for unloading any farm product in the market.
- California Food and Agricultural Code Section 57033
A person shall not charge or receive any payment for unloading any farm product in excess of the standard charge which is established for the
- California Food and Agricultural Code Section 57034
Each produce dealer shall post and maintain a legible copy of the effective scale of charges established under this article in a conspicuous place at...
- California Food and Agricultural Code Section 57035
The commissioner or his representative shall investigate any complaint brought to his attention involving produce dealers or registered unloaders.
- California Food and Agricultural Code Section 57036
If a scale of charges is not established pursuant to bargaining as provided for in Section 57031, the union may propose a scale of charges...
- California Food and Agricultural Code Section 57037
After receipt of the scale of charges proposed by the union pursuant to Section 57036, the director shall fix a time and place for a...
- California Food and Agricultural Code Section 57038
(a) At the hearing the director shall consider any relevant matters that may be presented. (b) At or after the conclusion of the hearing, the...
- California Food and Agricultural Code Section 57039
The director may by regulation establish a fee in the amount necessary to cover the costs that are incurred by the Department of Industrial Relations...
- California Food and Agricultural Code Section 57041
Violation of any provision of this chapter or laws affecting personal injury or property damage by a produce dealer or registered unloader is grounds for...
- California Food and Agricultural Code Section 57042
The director may assess a fee not to exceed four hundred dollars ($400) per year payable by produce dealers for use exclusively in administering the...
- California Food and Agricultural Code Section 57043
The violation of any provision of this chapter by any person is a misdemeanor.
- California Food and Agricultural Code Section 57101
"Dairy produce exchange" means any association of persons which is organized for the following purposes: (a) Furnishing a medium for trading in butter, cheese, or...
- California Food and Agricultural Code Section 57102
The director may require such monthly or other periodical reports, records of market quotations, and other statistical information as may be necessary to him in...
- California Food and Agricultural Code Section 57103
The director shall have access to all records of every dairy produce exchange which is licensed pursuant to this chapter, and may appoint a representative...
- California Food and Agricultural Code Section 57131
It is unlawful for any person to establish or operate a dairy produce exchange unless he has first obtained from the director a license to...
- California Food and Agricultural Code Section 57132
Every dairy produce exchange, and any person that desires to operate a dairy produce exchange, before engaging in such activity, shall file with the director...
- California Food and Agricultural Code Section 57133
The director shall examine the application, and if he finds that the applicant has fully complied with the provisions of this chapter, he shall issue...
- California Food and Agricultural Code Section 57134
For each license, the director shall charge the sum of one hundred dollars ($100), which sum shall accompany the application for the license. Except as...
- California Food and Agricultural Code Section 57161
The director shall act as arbitrator in all cases of dispute or contention which concerns the maintenance or operation of any licensed dairy produce exchange,...
- California Food and Agricultural Code Section 57162
Upon receipt of any verified complaint which concerns a licensed dairy produce exchange, the director shall proceed to make a thorough investigation. In this connection,...
- California Food and Agricultural Code Section 57163
On the basis of the information which is so obtained, the director shall prescribe a tentative rule which shall be effective in the operation of...
- California Food and Agricultural Code Section 57164
If, after such trial period, it appears that the tentative rule operates in a fair and equitable manner, it shall then, upon order of the...
- California Food and Agricultural Code Section 57165
If, in the conduct of any such investigation, it appears that any unlawful act has been committed by any licensed dairy produce exchange, the director...
- California Food and Agricultural Code Section 57191
The director may upon his own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any dairy produce...
- California Food and Agricultural Code Section 57192
The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and...
- California Food and Agricultural Code Section 57193
If judicial review of the decision of the director is sought, the decision of the director shall remain in effect pending the determination of the...
- California Food and Agricultural Code Section 57221
Any person that operates a dairy produce exchange without a license is guilty of a misdemeanor and shall also pay to the state one hundred...
- California Food and Agricultural Code Section 57222
Any person that makes any false statement in applying for a license or violates any rule or decision of the director which is authorized by...
- California Food and Agricultural Code Section 57301
The commissioner shall require any person, except a county, state, or federal inspection agency, who, for payment by a private party, reports upon the condition...
- California Food and Agricultural Code Section 57302
The board of supervisors may, pursuant to this chapter, establish a registration fee in an amount necessary to cover the actual costs of the commissioner...
- California Food and Agricultural Code Section 57303
Each registered inspector shall maintain a copy of each written report of the date, lot description, volume, and condition of the commodity inspected. Condition shall...
- California Food and Agricultural Code Section 57304
If the commissioner or the director receives a complaint from an interested party that any report required to be kept by Section 57303 is materially...
- California Food and Agricultural Code Section 57305
The remedies or penalties in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this
- California Food and Agricultural Code Section 57306
If the commissioner finds that a registered inspector has repeatedly given inaccurate information or failed to maintain required records, the commissioner may, after a hearing,...
- California Food and Agricultural Code Section 57307
(a) Any person who violates this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each...
- California Food and Agricultural Code Section 57308
It is unlawful for any person to act as a registered inspector unless currently registered by the commissioner.
- California Food and Agricultural Code Section 57309
It is unlawful for any person to misrepresent the quality of any commodity inspected or to fail to make and maintain the records required by...
- California Food and Agricultural Code Section 57401
(a) The definitions in this section govern the construction of this chapter. (b) "Feed or materials" means commercial feed, grain, forage, feed ingredients, mineral feed,...
- California Food and Agricultural Code Section 57402
A person who provides feed or materials to aid the raising or maintaining of dairy cattle has a lien upon the proceeds of the milk...
- California Food and Agricultural Code Section 57403
(a) The lien created pursuant to this chapter attaches to proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of lien...
- California Food and Agricultural Code Section 57405
The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the...
- California Food and Agricultural Code Section 57406
(a) The lien created by this chapter shall have priority in accordance with the time the notice of claim of lien is filed. (b) The...
- California Food and Agricultural Code Section 57407
Except to the extent specifically set forth in this chapter, the lien created by this chapter shall be subject to Division 9 (commencing with Section...
- California Food and Agricultural Code Section 57408
A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming...
- California Food and Agricultural Code Section 57409
A member of the public may obtain a copy of any notice of claim of lien filed pursuant to this chapter, including notices affecting the...
- California Food and Agricultural Code Section 57410
The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.
- California Food and Agricultural Code Section 57411
A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. A lienholder's statement...
- California Food and Agricultural Code Section 57412
The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For the purposes of...
- California Food and Agricultural Code Section 57413
The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges for feed...
- California Food and Agricultural Code Section 57414
(a) When a lien claimant receives payment for amounts secured by the lien and the lien claimant has not been providing feed or materials for...
- California Food and Agricultural Code Section 57501
"Eggs or egg" means eggs or egg products as defined in Section 27512, 27513, or 27514.
- California Food and Agricultural Code Section 57502
"Feed or materials" means commercial feed, grain, forage, feed ingredients, mineral feed, drugs, poultry or fish health products, customer-formula feed, any mixture or preparation for...
- California Food and Agricultural Code Section 57503
"Fowl" means chickens, turkeys, ducks, geese, and other domesticated birds.
- California Food and Agricultural Code Section 57504
"Poultry" means domesticated fowl and domesticated rabbit which is intended for use for human food.
- California Food and Agricultural Code Section 57505
"Proceeds" means funds derived from the sale of eggs, poultry, fish, or other products derived from eggs, poultry, or fish payable to the lien debtor....
- California Food and Agricultural Code Section 57506
"Raising or maintaining of poultry or fish" means feeding, housing, caring for, and managing poultry or fish kept or raised for use or profit.
- California Food and Agricultural Code Section 57507
"Reasonable or agreed charges" means the agreed price, if any, for the feed and materials sold to the lien debtor, at the lien debtor's request....
- California Food and Agricultural Code Section 57510
A person who provides feed or materials to aid the raising or maintaining of poultry or fish or for the production of eggs has a...
- California Food and Agricultural Code Section 57511
(a) The lien created pursuant to this chapter attaches to the proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of...
- California Food and Agricultural Code Section 57512
The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the...
- California Food and Agricultural Code Section 57513
Any person who provides feed or materials may, at any time, file in the manner and at the place set forth in this article, the...
- California Food and Agricultural Code Section 57514
The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name...
- California Food and Agricultural Code Section 57515
The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind...
- California Food and Agricultural Code Section 57516
The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary...
- California Food and Agricultural Code Section 57517
The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as...
- California Food and Agricultural Code Section 57518
The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing...
- California Food and Agricultural Code Section 57519
For the purpose of the Secretary of State's index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of...
- California Food and Agricultural Code Section 57525
(a) The lien created by this chapter shall have the priority in accordance with the time the notice of claim of lien is filed. (b)...
- California Food and Agricultural Code Section 57530
A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming...
- California Food and Agricultural Code Section 57531
A member of the public may obtain a copy of any notice of claim of lien filed pursuant to this chapter, including notices affecting the...
- California Food and Agricultural Code Section 57535
The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For the purposes of...
- California Food and Agricultural Code Section 57536
The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges for feed...
- California Food and Agricultural Code Section 57537
(a) When a lien claimant receives payment for the total amounts secured by the lien and the lien claimant has not provided feed for materials...
- California Food and Agricultural Code Section 57540
A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. The lienholder shall...
- California Food and Agricultural Code Section 57541
Except to the extent specifically set forth in this chapter, the lien created by this chapter is subject to Division 9 (commencing with Section 9101)...
- California Food and Agricultural Code Section 57545
The Secretary of State may adopt any regulations necessary to carry our his or her duties pursuant to this chapter, including prescribing necessary forms.
- California Food and Agricultural Code Section 57551
"Agricultural chemical" means fertilizers, fertilizer material, lime, chemical compounds, pesticides, pesticide chemicals, plant regulators, plant amendments, plant food, soil amendments, herbicides, fungicides, and agricultural chemicals...
- California Food and Agricultural Code Section 57552
"Agricultural seed" means the seed of any domesticated grass or cereal, of any vegetable, flower, or propagated plant, and of any legume or other plant...
- California Food and Agricultural Code Section 57553
"Labor" means labor or service performed in the application, delivery, or preparation of an agricultural chemical or agricultural seed provided by the seller of the...
- California Food and Agricultural Code Section 57554
"Proceeds" means funds received by the lien debtor from the sale of the crop on which the agricultural chemical was applied or for which the...
- California Food and Agricultural Code Section 57555
"Reasonable or agreed charges" means the agreed price, if any, for agricultural chemicals or agricultural seeds sold to the lien debtor, at the lien debtor's...
- California Food and Agricultural Code Section 57561
(a) A person who provides agricultural chemical or agricultural seed is not entitled to establish a lien pursuant to this chapter, unless that person has...
- California Food and Agricultural Code Section 57562
Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien...
- California Food and Agricultural Code Section 57563
The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the...
- California Food and Agricultural Code Section 57564
Any person who provides agricultural chemicals or agricultural seeds may file in the manner and at the place set forth in Section 57568, the notice...
- California Food and Agricultural Code Section 57564.5
(a) The director shall, by regulation, establish methods and procedures for the settlement of a dispute between a lien claimant supplying agricultural chemicals and labor...
- California Food and Agricultural Code Section 57565
The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name...
- California Food and Agricultural Code Section 57566
The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind...
- California Food and Agricultural Code Section 57567
The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary...
- California Food and Agricultural Code Section 57568
The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as...
- California Food and Agricultural Code Section 57569
The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing...
- California Food and Agricultural Code Section 57570
For the purpose of the Secretary of State's index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of...
- California Food and Agricultural Code Section 57575
(a) The lien created pursuant to this chapter shall have the priority in accordance with the time the notice of claim of lien is filed....
- California Food and Agricultural Code Section 57581
A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming...
- California Food and Agricultural Code Section 57582
A member of the public may obtain a copy of any notice of an agricultural chemical or seed lien filed, including notices affecting the notices....
- California Food and Agricultural Code Section 57585
The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For purposes of this...
- California Food and Agricultural Code Section 57586
The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final...
- California Food and Agricultural Code Section 57587
(a) When a lien claimant receives payment for the total amounts secured by the lien and the lien claimant has not furnished agricultural chemicals or...
- California Food and Agricultural Code Section 57590
(a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. (b) The...
- California Food and Agricultural Code Section 57591
Except to the extent specifically set forth in this chapter, the lien created by this chapter is subject to Division 9 (commencing with Section 9101)...
- California Food and Agricultural Code Section 57595
The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.
- California Food and Agricultural Code Section 57700
No more than two liens filed pursuant to Chapter 12 (commencing with Section 57501) and Chapter 13 (commencing with Section 57551) shall be enforceable against...
- California Food and Agricultural Code Section 58001
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 58002
"Organization of producers and distributors" includes all corporations, societies, associations, and organizations of producers, producers and distributors, or distributors, cooperative or otherwise, which are formed...
- California Food and Agricultural Code Section 58003
"Product" means any agricultural, aquacultural, dairy, or farm product which is produced, grown, raised, manufactured, or processed within the state.
- California Food and Agricultural Code Section 58004
Except as provided in Section 58005, fees, charges, and costs that are collected under this chapter shall be paid into the State Treasury to the...
- California Food and Agricultural Code Section 58005
All fees, charges, and costs that are received under this chapter for the collection, analysis, and dissemination of market news shall be paid into the...
- California Food and Agricultural Code Section 58031
The director may act as adviser for producers and distributors, if requested, and assist them in economical and efficient distribution of any product at fair
- California Food and Agricultural Code Section 58032
The director may gather and disseminate impartial information which concerns supply, demand, prevailing prices, and commercial movements, including common and cold storage of any product.
- California Food and Agricultural Code Section 58033
The director may promote, assist, and encourage the organization and operation of cooperative and other associations and organizations for improving the relations and services among...
- California Food and Agricultural Code Section 58034
The director may foster and encourage cooperation between producers and distributors of any product, in the interest of the general public.
- California Food and Agricultural Code Section 58035
The director may foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and sale of any product.
- California Food and Agricultural Code Section 58036
The director may act as a mediator or arbitrator, if invited by both parties, in any controversy or issue that may arise between producers and...
- California Food and Agricultural Code Section 58037
The director may certify, for the protection of owners, buyers, or creditors, if so requested, warehouse receipts for any product, verifying quantities and qualities of...
- California Food and Agricultural Code Section 58038
The director may issue labels on request of the producer, packer, canner, or distributor, for any product for which labels have not otherwise been authorized...
- California Food and Agricultural Code Section 58039
The director may act on behalf of the consumers of any product in conserving and protecting their interests in every practicable way.
- California Food and Agricultural Code Section 58040
The director may improve, broaden, and extend in every practicable way, the distribution and sale of any product of this state throughout the markets of...
- California Food and Agricultural Code Section 58041
The director may promote in the interest of the producer, the distributor, and consumer, economical and efficient distribution and marketing of any product which is...
- California Food and Agricultural Code Section 58042
The director may enter into any cooperative agreement with any department or agency of the federal government, or with any other state or agency of...
- California Food and Agricultural Code Section 58061
The director may conduct investigations, make surveys, and assemble facts which are pertinent to marketing and to the formulation, administration, or amendment of any marketing...
- California Food and Agricultural Code Section 58062
The director may make pertinent investigations which concern the aggregate amount of any product which is held in common or cold storage. In connection with...
- California Food and Agricultural Code Section 58091
The director shall provide for the collection, analysis, and dissemination of statistics and other information which relates to the production and marketing of farm products,...
- California Food and Agricultural Code Section 58092
The director may establish such facilities and publish such bulletins and reports as are necessary and proper in keeping producers and handlers informed with regard...
- California Food and Agricultural Code Section 58093
The director shall cooperate with the Secretary of Agriculture, and with the appropriate office of the State of Oregon, to establish a market news service...
- California Food and Agricultural Code Section 58201
It is the policy of this state to gain maximum benefits in behalf of agriculture from the results of research and service work performed by...
- California Food and Agricultural Code Section 58202
Since the Congress of the United States has recognized the value of marketing research, developmental, and service work through the enactment of agricultural marketing laws,...
- California Food and Agricultural Code Section 58203
The department is the proper state agency for such intergovernmental cooperation in those regulatory and service features contemplated by Public Law 733 (60 Stat. 966)...
- California Food and Agricultural Code Section 58231
The director may enter into cooperative agreements with the Secretary of Agriculture or the Administrator, Agricultural Marketing Act of 1946 (7 U.S.C. , Sec. 1621...
- California Food and Agricultural Code Section 58232
The director may also enter into agreements with federal administrative committees established by the Secretary of Agriculture of the United States pursuant to the provisions...
- California Food and Agricultural Code Section 58233
The director may receive and pay out money for the purposes which are mentioned in this article.
- California Food and Agricultural Code Section 58351
Any contract which is made for the purpose of injuring competitors and destroying competition under which the seller of any agricultural product agrees to pay...
- California Food and Agricultural Code Section 58352
Advertising allotments or discounts by a seller to a buyer for bona fide advertising expenditures, however, are not included within such transactions which are against...
- California Food and Agricultural Code Section 58353
It is a misdemeanor for any person to take any part in any transaction which is declared by this article to be against public policy...
- California Food and Agricultural Code Section 58381
It is unlawful for any person to destroy, in restraint of trade, any fowl, animal, vegetable, aquacultural product, or other stuff, product, or article which...
- California Food and Agricultural Code Section 58382
A person that receives any agricultural product, for sale on commission or for sale or exchange for the benefit of any other person, shall not...
- California Food and Agricultural Code Section 58383
A copy of each such permit together with a copy of each such detailed statement shall, on the day such permit is issued, be served...
- California Food and Agricultural Code Section 58451
If any grower or producer of any farm product within this state voluntarily executes and causes to be delivered to a dealer or processor of...
- California Food and Agricultural Code Section 58452
No provision which is inserted in any contract that is prepared by a dealer or processor which makes an assignment of the dues described in...
- California Food and Agricultural Code Section 58453
An assignment of dues may not exceed 2 percent of the total value of the product which is delivered by the grower or producer to...
- California Food and Agricultural Code Section 58454
Payment need not be made under any assignment of dues pursuant to Section 58451 until the dealer or processor has available and under his control...
- California Food and Agricultural Code Section 58501
For purposes of this chapter: (a) "Agricultural product" means any fowl, animal, vegetable, or other stuff, product, or article which is customary food, or which...
- California Food and Agricultural Code Section 58502
(a) Any person engaged in the business of processing, distributing, or selling any agricultural product may donate, free of charge, any product which is in...
- California Food and Agricultural Code Section 58503
To assist in accomplishing the purposes of Section 58502, the board of supervisors of any county may establish, and publicize the availability of, a surplus...
- California Food and Agricultural Code Section 58503.1
In order to qualify as a food bank, an organization shall meet all of the following minimum standards: (a) It shall have access to storage...
- California Food and Agricultural Code Section 58503.2
To assist in accomplishing the purposes of this chapter and to maximize use of state surplus equipment, the Director of General Services may assist a...
- California Food and Agricultural Code Section 58503.3
Nothing in this chapter restricts or limits the operation of any other nonprofit organizations which are engaged in the distribution of agricultural products to nonprofit...
- California Food and Agricultural Code Section 58503.4
Programs operated in accordance with this chapter shall complement, and not in any way lessen, assistance to families and individuals pursuant to the Food Stamp...
- California Food and Agricultural Code Section 58504
The board of supervisors may provide for the inspection of such products by the county health officer, upon request of the donee, prior to delivery...
- California Food and Agricultural Code Section 58505
Except for any injury resulting from gross negligence or willful act, no county or agency of a county established pursuant to this chapter and no...
- California Food and Agricultural Code Section 58506
Nothing in this chapter shall relieve any nonprofit charitable organization from any liability for any injury, including, but not limited to, injury resulting from the...
- California Food and Agricultural Code Section 58507
(a) Any nonprofit charitable organization, that receives any agricultural product pursuant to this chapter, shall not sell or offer to sell any such agricultural product...
- California Food and Agricultural Code Section 58508
In operating an information and food collection center pursuant to this chapter, the board of supervisors shall provide for the screening of donees to assure...
- California Food and Agricultural Code Section 58509
(a) The Secretary of the State and Consumer Services Agency shall consult with four food bank representatives, two from the northern portion of the state,...
- California Food and Agricultural Code Section 58551
This act shall be known and may be cited as the N. Waters-Nielsen-Vuich-Berryhill Foreign Market Development Export Incentive Program for California Agriculture Act.
- California Food and Agricultural Code Section 58552
(a) The Legislature finds and declares that it is the policy of this state to actively encourage and promote the sale of agricultural products of...
- California Food and Agricultural Code Section 58553
The definitions in this article apply to this chapter.
- California Food and Agricultural Code Section 58553.5
"Advisory committee" means the State Board of Food and Agriculture.
- California Food and Agricultural Code Section 58554
"Agricultural commodities" means the products of California farms and ranches and items processed from these products, and includes forest products, aquacultural products, and fish and...
- California Food and Agricultural Code Section 58555
"Constraint" means a condition in a particular country or region which needs to be addressed in order to develop, expand, or maintain agricultural commodity exports.
- California Food and Agricultural Code Section 58556
"Cooperator" means a private or nonprofit agricultural marketing organization; a nonprofit trade association, whose members market agricultural commodities, which has demonstrated expertise in the promotion...
- California Food and Agricultural Code Section 58557
"Marketing" means the advertising, sale, and distribution of agricultural commodities, including private brands and trade names, in foreign markets.
- California Food and Agricultural Code Section 58558
"Marketing plan" means the primary annual document prepared by cooperators and approved by the director which defines activities and budgets addressing constraints and the marketing...
- California Food and Agricultural Code Section 58559
"Project agreement" means a contract between the department and a cooperator under which the cooperator agrees to conduct activities that both address constraints and encourage...
- California Food and Agricultural Code Section 58560
"State funds" means the funds made available by the department under a project agreement.
- California Food and Agricultural Code Section 58561
"Third party cooperator" means a foreign government or private organization which has entered into an agreement with a cooperator to join in the marketing of...
- California Food and Agricultural Code Section 58562
"Cooperator contributions" means contributions of money, personnel, materials, facilities, services, or supplies, expressed in terms of United States dollar value, that are furnished by the...
- California Food and Agricultural Code Section 58563
The department shall adopt regulations, including criteria to establish what constitutes cooperator contributions, necessary to effectuate this chapter. Whenever applicable, the regulations shall be consistent...
- California Food and Agricultural Code Section 58564
The department shall, as one of its functions, provide assistance to persons from foreign countries who desire to purchase agricultural products produced in this state....
- California Food and Agricultural Code Section 58565
The department shall direct a portion of any additional funding, in excess of the original appropriation for purposes of this act, to be used for...
- California Food and Agricultural Code Section 58571
(a) Project agreements may be entered into between the department and cooperators in order to address constraints and encourage the marketing of agricultural commodities in...
- California Food and Agricultural Code Section 58572
(a) The director may only approve a project agreement that appears to effectively contribute to the creation, expansion, or maintenance of markets abroad. Primary emphasis...
- California Food and Agricultural Code Section 58573
Project agreements may promote either a single commodity or a group of related commodities. Activities shall be aimed at increasing both consumer and commercial uses...
- California Food and Agricultural Code Section 58574
(a) State funds may be used to pay costs which are essential to, and clearly identifiable with, the carrying out of the activities specified in...
- California Food and Agricultural Code Section 58575
Activities undertaken pursuant to this chapter shall be supplemental to, and not a substitute for, any market development activities undertaken by the federal government.
- California Food and Agricultural Code Section 58577
(a) The director, the Director of General Services, and the advisory committee shall take necessary precautions to assure the confidentiality of the information which is...
- California Food and Agricultural Code Section 58578
All project agreements entered into pursuant to this chapter, unless exempted in accordance with Section 10351 of the Public Contract Code, shall be submitted to...
- California Food and Agricultural Code Section 58580
Nothing in this chapter precludes the director from separately funding project proposals coming from private or nonprofit agricultural marketing organizations, state marketing order boards, or...
- California Food and Agricultural Code Section 58582
(a) The California Agricultural Export Promotion Account is hereby created in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the Government Code,...
- California Food and Agricultural Code Section 58591
On or before December 31 of every odd-numbered year, the director shall report to the chairpersons of the policy committees which have the appropriate subject...
- California Food and Agricultural Code Section 58601
This chapter shall be known as "The California Marketing Act of 1937."
- California Food and Agricultural Code Section 58602
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 58603
"Administrative rules and regulations" means rules and regulations that are applicable to a particular marketing order or agreement which are issued and made effective by...
- California Food and Agricultural Code Section 58604
"Advertising and sales promotion" means, in addition to its ordinarily accepted meaning, trade promotion and activities for the prevention, modification, or removal of trade barriers...
- California Food and Agricultural Code Section 58604.5
"Advertising and sales promotion" also means, in addition to its ordinary accepted meaning, activities for the modification or removal of trade barriers that restrict the...
- California Food and Agricultural Code Section 58605
"Commodity," except as otherwise provided in Section 58747, means any agricultural, aquacultural, horticultural (including floricultural), vermicultural, viticultural (including wine) or vegetable product which is produced...
- California Food and Agricultural Code Section 58606
"Directly affecting" or "directly affected" is synonymous with "directly regulating" and "directly regulated," and means the direct application of regulations upon any person, including the...
- California Food and Agricultural Code Section 58607
"Distributing" means engaging in the business of a distributor as defined in Section 58608.
- California Food and Agricultural Code Section 58608
"Distributor" means any person that engages in the operation of selling, marketing, or distributing, in intrastate commerce any commodity which he has produced or purchased...
- California Food and Agricultural Code Section 58608.1
"Educational program," unless otherwise defined in this chapter, means a program established by the director pursuant to this chapter that provides for the planning and...
- California Food and Agricultural Code Section 58609
"Fish" means every form of fish, either salt water or fresh water fish, which is used for human consumption, except fish for canning, retorting, reduction,...
- California Food and Agricultural Code Section 58610
"General rules and regulations" means rules and regulations, which are applicable to all marketing orders and marketing agreements and are issued and made effective by...
- California Food and Agricultural Code Section 58611
"Handler," except with respect to fish and seafood, means any person that is engaged within this state as a distributor in the business of distributing...
- California Food and Agricultural Code Section 58612
"Handling" means engaging in the business of a handler as defined in Section 58611.
- California Food and Agricultural Code Section 58613
"Major amendments" mean amendments to any marketing order or agreement which are made pursuant to Article 13 (commencing with Section 59021) of this chapter. It...
- California Food and Agricultural Code Section 58614
"Marketed by producers" means producer marketing, as defined by Section 58621.
- California Food and Agricultural Code Section 58615
"Marketing order" means an order which is issued by the director, pursuant to this chapter, which prescribes rules and regulations that govern the processing, distributing,...
- California Food and Agricultural Code Section 58616
"Minor amendments" are amendments to any marketing order or agreement which are made effective by the director upon recommendation of the advisory board which is...
- California Food and Agricultural Code Section 58617
"Person" means an individual, firm, corporation, association, or any other business unit, and, for the purposes of this chapter, includes any state agency which engages...
- California Food and Agricultural Code Section 58618
"Processing" means engaging in the business of a processor as defined in Section 58619.
- California Food and Agricultural Code Section 58619
"Processor" means any person that is engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or...
- California Food and Agricultural Code Section 58620
"Producer" means any person that is engaged within this state in the business of producing, or causing to be produced for market, any commodity.
- California Food and Agricultural Code Section 58621
"Producer marketing" means any or all operations which are performed by any producer in preparing for market. It includes selling, delivering, or disposing of for...
- California Food and Agricultural Code Section 58622
"Retailer" means any person that purchases or acquires any commodity for resale at retail to the general public for consumption off the premises. Such person...
- California Food and Agricultural Code Section 58623
"Seafood" means shellfish and every other form of animal or plant life which is taken from fresh or salt water and used for human consumption,...
- California Food and Agricultural Code Section 58624
"Seasonal marketing regulations" mean marketing regulations that are applicable to a particular marketing order or agreement which are made effective by the director pursuant to...
- California Food and Agricultural Code Section 58651
It is hereby declared that the marketing of commodities in this state in excess of reasonable and normal market demands therefor; disorderly marketing of such...
- California Food and Agricultural Code Section 58652
These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is hereby declared to be the policy...
- California Food and Agricultural Code Section 58653
The marketing of commodities within this state is hereby declared to be affected with a public interest. The provisions of this chapter are enacted in...
- California Food and Agricultural Code Section 58654
The purposes of this chapter are to do the following: (a) Enable producers of this state, with the aid of the state, to correlate more...
- California Food and Agricultural Code Section 58655
In any civil or criminal action or proceeding for violation of any of the following, proof that the act which is complained of was done...
- California Food and Agricultural Code Section 58657
The provisions of this chapter regarding the marketing of commodities are applicable to fish and seafood and persons that handle, process, or distribute fish and...
- California Food and Agricultural Code Section 58658
If any section, sentence, clause, or part of this chapter is for any reason held to be unconstitutional, such decision shall not affect the remaining...
- California Food and Agricultural Code Section 58659
The suspension, amendment, or termination of any marketing order or marketing agreement does not suspend or terminate any cause of action which has accrued under...
- California Food and Agricultural Code Section 58660
It is hereby declared, as a matter of legislative determination, that the amendments of the statutory predecessor of Sections 58651 to 58653, inclusive, (former Section...
- California Food and Agricultural Code Section 58661
The term volume, or quantity, as used in this chapter, except Article 9 (commencing with Section 58881), may be in terms of gross dollar value...
- California Food and Agricultural Code Section 58681
This chapter does not apply to any order, rule, or regulation which is issued, or is issuable, by the Public Utilities Commission or the Interstate...
- California Food and Agricultural Code Section 58682
This chapter is not applicable to any retailer of any commodity except to the extent that such retailer also engages in the production, processing or...
- California Food and Agricultural Code Section 58711
The director shall administer and enforce this chapter and may exercise any or all of the administrative powers which are conferred by Sections 11180 to...
- California Food and Agricultural Code Section 58712
In order to effectuate the declared purposes of this chapter, the director may issue, administer, and enforce the provisions of any marketing order issued pursuant...
- California Food and Agricultural Code Section 58713
The director may do all of the following: (a) Confer and cooperate with the legally constituted authorities of other states and of the United States,...
- California Food and Agricultural Code Section 58714
The director may purchase general liability insurance for all marketing orders subject to the provisions of this chapter in an amount he or she determines...
- California Food and Agricultural Code Section 58741
Subject to the provisions, restrictions, and limitations which are imposed in this chapter, the director may issue marketing orders which regulate producer marketing, the processing,...
- California Food and Agricultural Code Section 58741.1
Subject to Section 58993.1, the director may establish an educational program, as defined in Section 58608.1, directly affecting producers of all commodities produced in this...
- California Food and Agricultural Code Section 58742
The director may also, subject to the restriction and limitations which are contained in Article 7 (commencing with Section 58811) of this chapter, issue marketing...
- California Food and Agricultural Code Section 58743
If the director finds that it tends to effectuate the declared purposes of this chapter within the standards which are prescribed in this chapter, the...
- California Food and Agricultural Code Section 58744
Any marketing order which is issued by the director pursuant to this chapter may be limited in its application by prescribing the marketing area or...
- California Food and Agricultural Code Section 58745
In order to effectuate the declared policy of this chapter, the director may also, after due notice and opportunity for hearing, enter into marketing agreements...
- California Food and Agricultural Code Section 58746
The purposes and provisions of the chapter which relate to marketing orders are applicable to marketing agreements except as follows: (a) Section 58779, which requires...
- California Food and Agricultural Code Section 58747
Notwithstanding the provisions of Section 58605, the director may issue and make effective marketing orders or marketing agreements that affect handlers only which include only...
- California Food and Agricultural Code Section 58748
If producers or handlers of any commodity which is regulated by a marketing order or marketing agreement that is issued by the director pursuant to...
- California Food and Agricultural Code Section 58749
The director may issue and make effective a marketing order or marketing agreement which applies to two or more commodities. The producers or handlers of...
- California Food and Agricultural Code Section 58750
(a) There is within the Department of Food and Agriculture a public and private collaboration known as the "Buy California Program." The purposes of the...
- California Food and Agricultural Code Section 58771
If the director has reason to believe that the issuance of a marketing order, or amendments to an existing marketing order, will tend to effectuate...
- California Food and Agricultural Code Section 58773
The director shall also mail a copy of such notice of hearing and a copy of such proposed marketing order, or proposed amendments, to every...
- California Food and Agricultural Code Section 58774
The notice of hearing shall set forth all of the following: (a) The date and place of the hearing. (b) The commodity and the area...
- California Food and Agricultural Code Section 58775
To provide the director with accurate and reliable information, if that information is not then on file in the department, regarding the persons that may...
- California Food and Agricultural Code Section 58777
The director shall mail a copy of such notice to file such report to every handler of such commodity whose name and address appears upon...
- California Food and Agricultural Code Section 58778
Each handler of such commodity that may be directly affected by the provisions of such proposed marketing order shall file such verified report with the...
- California Food and Agricultural Code Section 58779
From the reports which are filed and the information which is received or available to the director, including any proper corrections, the director shall prepare...
- California Food and Agricultural Code Section 58780
In the preparation of the list of producers or handlers to be used in the formulation or amendment of any marketing order or marketing agreement,...
- California Food and Agricultural Code Section 58781
The information which is contained in the individual reports of handlers which are filed with the director pursuant to this article shall not be made...
- California Food and Agricultural Code Section 58782
The hearing on a proposed marketing order or proposed amendments shall be public and all testimony shall be received under oath. A full and complete...
- California Food and Agricultural Code Section 58783
At the hearing, the director shall receive, in addition to other necessary or relevant matters, evidence upon the matters which are set forth in Article...
- California Food and Agricultural Code Section 58784
At any public hearing which is held in connection with the formulation or amendment of a marketing order or marketing agreement, the director shall present...
- California Food and Agricultural Code Section 58785
At each public hearing upon a marketing order or a major amendment to it, the director shall receive evidence relative to the period of time...
- California Food and Agricultural Code Section 58786
At a public hearing which is held to consider a proposed marketing order or major amendments to an existing marketing order, the director shall also...
- California Food and Agricultural Code Section 58787
Upon the conclusion of the hearing, the director shall make a finding which is based upon the evidence received, whether assent, approval, or favor shall...
- California Food and Agricultural Code Section 58788
If the director finds that a referendum shall be had, the director shall direct that a referendum be held in accordance with Sections 58991 to...
- California Food and Agricultural Code Section 58811
After the notice and hearing which are required by Article 6 (commencing with Section 58771) of this chapter, and before issuing a marketing order or...
- California Food and Agricultural Code Section 58812
In making the findings with respect to any of the objectives which are set forth in Section 58811, the director shall, if any or all...
- California Food and Agricultural Code Section 58813
If the marketing order or amendments to it contain provisions only for the purpose of regulating the flow of the commodity, or any grade, size,...
- California Food and Agricultural Code Section 58814
Any marketing order in effect on August 27, 1945, which was duly issued by the director pursuant to this chapter prior to May 28, 1945,...
- California Food and Agricultural Code Section 58841
Any marketing order which is issued pursuant to this chapter shall provide for the establishment of an advisory board to assist the director in the...
- California Food and Agricultural Code Section 58842
If the marketing order affects directly only producers of a particular commodity, the members of the advisory board shall be producers. If the marketing order...
- California Food and Agricultural Code Section 58842.5
Any raisin marketing order or agreement involving producers operating under this chapter shall provide for, and the director shall appoint, a person to represent cooperative...
- California Food and Agricultural Code Section 58843
Upon the recommendation of the advisory board, the director may appoint one person who is neither a producer nor a handler to represent the department...
- California Food and Agricultural Code Section 58844
A member of an advisory board is entitled to actual expenses which are incurred while engaged in performing duties that are authorized by this chapter...
- California Food and Agricultural Code Section 58845
The director may authorize an advisory board to do all of the following: (a) Enter into contracts or agreements. (b) Employ necessary personnel, including attorneys...
- California Food and Agricultural Code Section 58846
The duties of an advisory board are administrative only and any such board may do only the following: (a) Subject to the approval of the...
- California Food and Agricultural Code Section 58846.5
Each advisory board shall, annually, report to the members of the industry who are subject to its marketing order on the activities and program, including,...
- California Food and Agricultural Code Section 58847
The members or alternate members of any advisory board, including employees of the advisory board, are not responsible individually in any way whatsoever to any...
- California Food and Agricultural Code Section 58848
In addition to the advisory board, one or more special committees or subcommittees may be established to assist the advisory board in carrying out its...
- California Food and Agricultural Code Section 58849
If the marketing order so authorizes, or upon the recommendation of the advisory board, the director may authorize the establishment of special committees or subcommittees...
- California Food and Agricultural Code Section 58850
An advisory board may at any time invite any persons to their meetings to serve in an advisory capacity and the director may, if requested...
- California Food and Agricultural Code Section 58851
Any action of any committee, special committee, or subcommittee of the board is subject to final approval by the advisory board. Members and alternate members...
- California Food and Agricultural Code Section 58852
It is hereby declared, as a matter of legislative determination, that the producers, or handlers, or both producers and handlers, appointed to any advisory board...
- California Food and Agricultural Code Section 58881
Except as otherwise provided in Sections 58657 and 58747, any marketing order which is issued by the director pursuant to this chapter may contain any...
- California Food and Agricultural Code Section 58882
A marketing order may contain provisions for determining the existence and extent of the surplus of any commodity, or of any grade, size, or quality...
- California Food and Agricultural Code Section 58883
A marketing order may contain provisions for limiting the total quantity of any commodity, or of any grade, size, or quality of it, which may...
- California Food and Agricultural Code Section 58884
A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler...
- California Food and Agricultural Code Section 58885
A marketing order may contain provisions for allotting the quantity of any commodity, or of any grade, size, or quality of it, which each handler...
- California Food and Agricultural Code Section 58886
A marketing order may contain provisions which regulate the period during which any commodity, or any grade, size, or quality of such commodity, may be...
- California Food and Agricultural Code Section 58887
A marketing order may contain provisions for the establishment of surplus, stabilization, or byproduct pools for any commodity, or of any grade, size, quality, or...
- California Food and Agricultural Code Section 58888
A marketing order may contain provisions which establish, or provide for the establishment, with respect to any commodity, either as delivered by producers to handlers...
- California Food and Agricultural Code Section 58889
(a) A marketing order may contain provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new...
- California Food and Agricultural Code Section 58889.1
Notwithstanding Section 58889, any marketing order for processed fruits, nuts, or vegetables may contain in its advertising and sales promotion plan provisions to allocate funds...
- California Food and Agricultural Code Section 58889.3
Notwithstanding subdivision (b) of Section 58889, effective immediately, a marketing order may contain provisions for the establishment of plans for advertising and sales promotion, including...
- California Food and Agricultural Code Section 58890
A marketing order may contain provisions which relate to the prohibition of unfair trade practices. In addition to the unfair trade practices now prohibited by...
- California Food and Agricultural Code Section 58891
A marketing order may contain provisions for the application for, review, certification, and equitable payment of, production adjustment benefits to growers from funds which are...
- California Food and Agricultural Code Section 58892
(a) A marketing order may contain provisions for carrying on research studies in the production, processing, or distribution of any commodity and for the expenditure...
- California Food and Agricultural Code Section 58892.1
A marketing order may contain provisions for research studies concerning the health, food, nutritional, therapeutic, dietetic or such qualities of other food products, for the...
- California Food and Agricultural Code Section 58892.2
No marketing order for milk shall be issued by the director unless he finds that such marketing order does not conflict with the provisions of...
- California Food and Agricultural Code Section 58893
A marketing order may contain provisions which establish, or provide authority for establishing, for any commodity, either as such commodity is produced or is delivered...
- California Food and Agricultural Code Section 58894
A marketing order may contain provisions which establish, or provide authority for establishing, and for regulating the permissive use of an official board brand, trade...
- California Food and Agricultural Code Section 58895
A marketing order may contain provisions to detect, control, prevent damage by or to eradicate insects, predators, diseases, or parasites with respect to any commodity...
- California Food and Agricultural Code Section 58896
A marketing order may contain provisions for the gathering and dissemination of weather data to producers of any commodity, and to any persons providing services...
- California Food and Agricultural Code Section 58897
To address catastrophic events, a marketing order may contain provisions for the establishment and operation of an indemnity trust fund to cover livestock and livestock...
- California Food and Agricultural Code Section 58921
Except as otherwise provided in Section 58926, each marketing order which is issued pursuant to this chapter shall provide for the levying and collection of...
- California Food and Agricultural Code Section 58922
Each marketing order shall indicate the maximum rate of any assessment which may be collected and the proportion, if any, of each assessment which is...
- California Food and Agricultural Code Section 58923
The advisory board which is appointed by the director to assist him in administering each marketing order shall recommend to the director, from time to...
- California Food and Agricultural Code Section 58924
The amount of the assessment for necessary expenses shall not, however, exceed the following: (a) In the case of producers, 2 1/2 percent of the...
- California Food and Agricultural Code Section 58925
Any assessment rate which is established for assessments to defray the expenses of advertising and sales promotion plans shall be in an amount which does...
- California Food and Agricultural Code Section 58926
In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement and advertising or sales promotion provided for in Section 58921,...
- California Food and Agricultural Code Section 58927
If the director approves and fixes a single assessment, the advisory board shall recommend and the director may approve the proportions of such assessment which...
- California Food and Agricultural Code Section 58928
If any advisory board of any marketing order has reason to believe that the administration of a marketing order will be facilitated or the attainment...
- California Food and Agricultural Code Section 58929
Any assessment which is levied as provided in this article, in such specified amount as may be determined by the director pursuant to this chapter,...
- California Food and Agricultural Code Section 58930
If any producer or handler that is duly assessed pursuant to the provisions of this chapter fails to pay to the director the amount so...
- California Food and Agricultural Code Section 58931
The director may require the persons that are assessed to deposit with him in advance the following amounts: (a) An amount for necessary expenses. (b)...
- California Food and Agricultural Code Section 58932
The amount of any deposit which is required by the director pursuant to Section 58931 shall be based upon the estimated number of units to...
- California Food and Agricultural Code Section 58933
At any time after the funds which are credited to the administrative account, or the advertising or sales promotion account, of the marketing order are...
- California Food and Agricultural Code Section 58934
In lieu of requiring advance deposits, or in order generally to provide funds for defraying administrative or advertising and sales promotion expenses until such time...
- California Food and Agricultural Code Section 58934.5
In order to provide funds for defraying expenditures authorized by the marketing order, the director or any advisory board may also receive and disburse contributions...
- California Food and Agricultural Code Section 58935
For the convenience of making collections of any producer assessments which are established pursuant to this article, the director may collect such assessments from the...
- California Food and Agricultural Code Section 58936
The director may adopt rules and regulations with respect to the assessment and collection of funds pursuant to this article.
- California Food and Agricultural Code Section 58937
(a) Any money that is collected by the director pursuant to this chapter shall be deposited in a bank or other depository that is approved...
- California Food and Agricultural Code Section 58938
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...
- California Food and Agricultural Code Section 58938.5
(a) Assessments paid on milk pursuant to the requirements of a market milk marketing order or a manufacturing milk marketing order established under this chapter...
- California Food and Agricultural Code Section 58939
Any money which is deposited pursuant to this article, which the director determines is available for investment, may be invested or reinvested by the Treasurer...
- California Food and Agricultural Code Section 58940
Any check or warrant which is drawn against the funds of any marketing order which remains unclaimed or uncashed for a period of six months...
- California Food and Agricultural Code Section 58941
Notwithstanding the provisions of Article 3 (commencing with Section 241), Chapter 2, Division 1 of this code, each marketing order or agreement shall be charged...
- California Food and Agricultural Code Section 58961
Prior to the issuance of any marketing order by the director pursuant to this chapter, the director may require the applicants for the issuance of...
- California Food and Agricultural Code Section 58962
The director may reimburse the applicant, from any funds for necessary expenses which he has received pursuant to Article 10 (commencing with Section 58921) of...
- California Food and Agricultural Code Section 58991
A marketing order or major amendment to it, which directly affects handlers, that is issued pursuant to this chapter, shall not become effective unless and...
- California Food and Agricultural Code Section 58992
Any marketing order or major amendment to it which directly affects processors that are engaged in the operation of canning of fresh fruits or vegetables...
- California Food and Agricultural Code Section 58993
No marketing order or major amendment to it, which directly affects producers or producer marketing, that is issued pursuant to this chapter, shall be made...
- California Food and Agricultural Code Section 58994
If any marketing order or any major amendment to any marketing order is issued by the director for the approval of producers, handlers, or processors,...
- California Food and Agricultural Code Section 58995
If the director determines that it should be by referendum, the director shall establish a referendum period not to exceed 30 days. If the director...
- California Food and Agricultural Code Section 58996
If from the tabulation the director finds that the number of producers that voted in the referendum and that the number of producers that voted...
- California Food and Agricultural Code Section 58997
If the director finds from the tabulation of such referendum that the number of producers that voted in favor of such marketing order or amendment...
- California Food and Agricultural Code Section 58998
The director may prescribe such additional procedures as may be necessary to conduct the referendum.
- California Food and Agricultural Code Section 58999
In finding whether the marketing order or major amendment to it is assented to in writing or approved or favored by producers pursuant to the...
- California Food and Agricultural Code Section 59000
Any producer that sells a growing crop to be harvested and marketed by another person is entitled to assent to, or vote in a referendum,...
- California Food and Agricultural Code Section 59021
In making effective major amendments to a marketing order, the director shall follow the same procedures which are prescribed in this chapter for the institution...
- California Food and Agricultural Code Section 59022
For the purposes of this chapter, a major amendment to a marketing order shall include, but not be limited to, any amendment which is specified...
- California Food and Agricultural Code Section 59023
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for any of the following: (a) Determining the...
- California Food and Agricultural Code Section 59024
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for limiting the total quantity of any commodity,...
- California Food and Agricultural Code Section 59025
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or...
- California Food and Agricultural Code Section 59026
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for allotting the quantity of any commodity, or...
- California Food and Agricultural Code Section 59027
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for regulating the period during which any commodity,...
- California Food and Agricultural Code Section 59028
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of surplus, stabilization, or byproduct...
- California Food and Agricultural Code Section 59029
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of uniform grading and inspection...
- California Food and Agricultural Code Section 59030
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of plans for advertising and...
- California Food and Agricultural Code Section 59031
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to prohibit unfair trade practices.
- California Food and Agricultural Code Section 59032
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for the establishment of production adjustment requirements and...
- California Food and Agricultural Code Section 59033
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority for carrying out research studies in the production,...
- California Food and Agricultural Code Section 59034
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to increase an assessment rate beyond the maximum...
- California Food and Agricultural Code Section 59035
An amendment is a major amendment if it adds to, or deletes from, a marketing order authority to extend the application of the provisions of...
- California Food and Agricultural Code Section 59036
Modification of any provision of any marketing order in effect for the purpose of clarifying the meaning or application of such provision or modifying administrative...
- California Food and Agricultural Code Section 59037
The exercise by the director of any regulatory authority which is authorized in a marketing order or marketing agreement is not a major amendment, but...
- California Food and Agricultural Code Section 59051
The director may make minor amendments to any marketing order upon the recommendation of not less than 75 percent of the producer members or handler...
- California Food and Agricultural Code Section 59052
The director may require a public hearing upon minor amendments if in his opinion the substance of such minor amendments so warrant. The director is...
- California Food and Agricultural Code Section 59081
The director shall suspend or terminate any marketing order, if he finds, after a public hearing duly noticed and held in accordance with the provisions...
- California Food and Agricultural Code Section 59082
The director shall terminate any marketing order if he finds that the termination of the marketing order is requested in writing, within a 90-day period,...
- California Food and Agricultural Code Section 59083
If at least 25 percent of the producers that are directly affected that produce at least 25 percent of the product and at least 25...
- California Food and Agricultural Code Section 59084
If the director finds that the marketing order is not reapproved, he shall declare such order terminated. An order shall be considered reapproved if it...
- California Food and Agricultural Code Section 59085
At any time the director finds that a substantial number of persons that are directly affected by an order are in opposition to it, he...
- California Food and Agricultural Code Section 59086
A marketing order shall not be submitted for reapproval until one year after the original enactment, or within one year of any prior approval. However,...
- California Food and Agricultural Code Section 59087
(a) The director may terminate, without a public hearing, any marketing order or marketing agreement which has been inoperative for three consecutive marketing seasons after...
- California Food and Agricultural Code Section 59088
No suspension or termination of any marketing order or marketing agreement pursuant to this article shall become effective until the expiration of the marketing season...
- California Food and Agricultural Code Section 59111
Upon the issuance of any order which makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order...
- California Food and Agricultural Code Section 59141
The director may establish such general rules and regulations for uniform application to all marketing orders and marketing agreements which are issued pursuant to this...
- California Food and Agricultural Code Section 59142
The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting and time of taking effect are applicable to any general...
- California Food and Agricultural Code Section 59161
Upon recommendation of the advisory board which is concerned, the director may, without prior notice and hearing, establish administrative rules and regulations for each marketing...
- California Food and Agricultural Code Section 59162
Such rules and regulations may include, but shall not be limited to, any of the following: (a) Methods and procedures for the purpose of explaining...
- California Food and Agricultural Code Section 59163
The provisions of Article 16 (commencing with Section 59111) of this chapter relative to posting, mailing of notice, and time of taking effect are applicable...
- California Food and Agricultural Code Section 59171
Upon recommendation of the advisory board which is concerned, the director may, without prior notice to, and public hearing for, the producers or handlers of...
- California Food and Agricultural Code Section 59172
Seasonal marketing regulations shall be applicable to a particular marketing order or agreement for the purpose of carrying into effect by administrative order, the marketing...
- California Food and Agricultural Code Section 59173
Seasonal marketing regulations shall not extend beyond the marketing regulatory authorizations which are specified in the marketing order or agreement concerned, or modify or change...
- California Food and Agricultural Code Section 59174
Notice of the issuance and the effective date of any such seasonal marketing regulations, or modifications of them, shall be given by the director to...
- California Food and Agricultural Code Section 59175
It is recognized that, with respect to some commodities, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing...
- California Food and Agricultural Code Section 59176
It is intended that the provisions of this article be interpreted liberally so that the director may carry out the marketing regulations and procedures authorized...
- California Food and Agricultural Code Section 59201
The director may require any and all processors or distributors, that are subject to the provisions of any marketing order which is issued pursuant to...
- California Food and Agricultural Code Section 59202
Information which is obtained by any person pursuant to this article is confidential and shall not be disclosed to any other person except to a...
- California Food and Agricultural Code Section 59203
For the purpose of carrying out the purposes of this article, the director may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas...
- California Food and Agricultural Code Section 59204
A person shall not be excused from attending and testifying, or from producing documentary evidence, before the director in obedience to the subpoena of the...
- California Food and Agricultural Code Section 59231
Any action for any penalty or other remedy which is prescribed under any provision of this chapter shall be commenced within three years from the...
- California Food and Agricultural Code Section 59232
The penalties, remedies, procedures, and actions which are prescribed by this article apply in instances of any violation or complaint of any violation of any...
- California Food and Agricultural Code Section 59233
Every person that violates any provision of this chapter or any provision of any marketing order which is duly issued by the director pursuant to...
- California Food and Agricultural Code Section 59234
Any person that violates this chapter or any marketing order which is duly issued by the director and in effect pursuant to this chapter, or...
- California Food and Agricultural Code Section 59234.5
(a) When the director makes a determination that a marketing program assessment payment due pursuant to this chapter is deficient as to the payment due,...
- California Food and Agricultural Code Section 59235
In addition to such civil penalty, any person that knowingly exceeds any quota or allotment or marketable percentage fixed for him under any marketing order,...
- California Food and Agricultural Code Section 59236
If the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, except the...
- California Food and Agricultural Code Section 59237
It is a violation of this chapter for any person to willfully render or furnish a false or fraudulent report, statement, or record which is...
- California Food and Agricultural Code Section 59238
It is a violation of this chapter for any person that is engaged in the handling or processing of any commodity, or in the wholesale...
- California Food and Agricultural Code Section 59239
It is a violation of this chapter for any handler to receive, handle, or have in his possession any commodity which is regulated by a...
- California Food and Agricultural Code Section 59240
The director on his own motion may, or shall upon complaint of any interested party which charges any violation of any provision of this chapter...
- California Food and Agricultural Code Section 59241
If the matter is referred directly by the director to the Attorney General or any district attorney, such officer shall thereupon bring an appropriate action...
- California Food and Agricultural Code Section 59242
If an administrative hearing is called by the director, the director shall cause a copy of such complaint, together with a notice of the time...
- California Food and Agricultural Code Section 59243
The hearing shall be held at one of the following places which is selected by the director: (a) The city or place in which the...
- California Food and Agricultural Code Section 59244
At the time and place which is designated for such administrative hearing, the director shall hear the parties to the complaint and shall enter in...
- California Food and Agricultural Code Section 59245
If the director finds from the administrative hearing that a violation has occurred, he shall so enter his findings and notify the parties to such...
- California Food and Agricultural Code Section 59246
The Attorney General, or any district attorney, shall upon complaint by the director or any other person, or may, upon his own initiative, if, after...
- California Food and Agricultural Code Section 59247
The Attorney General shall upon complaint by the director or may, upon his own initiative, if, after examination of the complaint and evidence he believes...
- California Food and Agricultural Code Section 59248
If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why...
- California Food and Agricultural Code Section 59249
In any suit brought by the Attorney General to enforce any provision of this chapter, any marketing order which is issued by the director and...
- California Food and Agricultural Code Section 59250
Any such action may be commenced either in the county where defendant resides, or where any act or omission, or part of the act or...
- California Food and Agricultural Code Section 59251
The penalties and remedies which are prescribed in this article with respect to any violation mentioned in this article are concurrent and alternative, and neither...
- California Food and Agricultural Code Section 59252
In lieu of other procedures which are provided in this article, the director may, if he finds that any person has exceeded any quota, allotment,...
- California Food and Agricultural Code Section 59281
This article applies to any lot of any commodity which is regulated by a marketing order or marketing agreement wherever, or in whose possession, such...
- California Food and Agricultural Code Section 59282
Any authorized inspector, or other authorized person, who is discharging his duties in the checking of compliance with the provisions of any marketing order which...
- California Food and Agricultural Code Section 59283
Except as otherwise provided in this article, any authorized inspector, or other authorized person, in the discharge of his duties, if he has reason to...
- California Food and Agricultural Code Section 59284
Following inspection, such inspector or other authorized person may affix to any lot which is determined to be in noncompliance, an official notice, warning tag,...
- California Food and Agricultural Code Section 59285
The director, or the authorized person by whom such lot is being held, shall serve the person in possession of the lot with a notice...
- California Food and Agricultural Code Section 59286
The notice of noncompliance shall include all of the following: (a) A description of the lot. (b) The place where, and the reasons for which,...
- California Food and Agricultural Code Section 59287
The owner of the lot shall have, in the case of a perishable commodity not to exceed 48 hours, and in the case of a...
- California Food and Agricultural Code Section 59288
If the owner of the lot fails or refuses to give such consent, or if the lot has not been reconditioned or the deficiencies otherwise...
- California Food and Agricultural Code Section 59289
(a) The enforcing officer may file a verified petition in superior court requesting permission to divert the lot to any other available lawful use or...
- California Food and Agricultural Code Section 59290
Upon the filing of the verified petition, the court may issue an order to show cause returnable in five days after service upon the owner...
- California Food and Agricultural Code Section 59291
If at the expiration of the five-day period the owner of the lot has failed or refused to recondition or to correct the deficiencies so...
- California Food and Agricultural Code Section 59292
In the event of sale of any lot by order of court, the costs of storage, handling, and reconditioning or disposal shall be deducted from...
- California Food and Agricultural Code Section 59293
Disposal of any lot or portion of any lot pursuant to the provisions of this article, whether such disposal be by arrangement with an enforcement...
- California Food and Agricultural Code Section 59501
This chapter shall be known as the Agricultural Producers Marketing Law.
- California Food and Agricultural Code Section 59502
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 59504
"Commodity" means any horticultural, viticultural, or vegetable product of the soil, aquacultural, livestock and livestock products, and poultry and poultry products. It does not, however,...
- California Food and Agricultural Code Section 59505
"Dealer" means any distributor or retailer.
- California Food and Agricultural Code Section 59506
"Distributor" means any person, except a retailer, that acquires and distributes any commodity at wholesale or retail.
- California Food and Agricultural Code Section 59507
"Handler" means any person that receives any commodity from the producer for the purpose of marketing it.
- California Food and Agricultural Code Section 59508
"Marketing program" means any program which contains provisions which are authorized by Article 8 (commencing with Section 59801) of this chapter.
- California Food and Agricultural Code Section 59509
"Primary channel of trade" means that transaction in which the producer or a cooperative marketing association of producers transfers physical possession of the commodity to...
- California Food and Agricultural Code Section 59510
"Producer" means any person that is engaged in the business of growing or producing any commodity for commercial use.
- California Food and Agricultural Code Section 59511
"Processor" means any person that buys, or otherwise takes title to or possession of, any commodity for the purpose of processing or manufacturing it or...
- California Food and Agricultural Code Section 59512
"Proration" means the application of allocated quantities or percentages under a uniform rule to the production, or merchantable production, of all producers that are affected,...
- California Food and Agricultural Code Section 59513
"Proration zone" means any district for which a marketing program is proposed or has been instituted.
- California Food and Agricultural Code Section 59514
"Retailer" means any person that is engaged in the business of making retail sales direct to the general public.
- California Food and Agricultural Code Section 59541
The Legislature declares that: The disorderly marketing of commodities in this state; the improper preparation for market; the lack of uniform grade specifications or uniform...
- California Food and Agricultural Code Section 59542
The conditions set forth in Section 59541 vitally concern the health, peace, safety and general welfare of the people of this state. It is declared...
- California Food and Agricultural Code Section 59543
The production and marketing of commodities by producers within this state is declared to be affected with a public interest. The provisions of this chapter...
- California Food and Agricultural Code Section 59545
Any order of the director which makes effective a marketing program, and any other order of the director which substantially affects the rights of any...
- California Food and Agricultural Code Section 59546
If producers of any commodity which is regulated by a marketing program that is issued by the director pursuant to the provisions of this chapter...
- California Food and Agricultural Code Section 59571
By reason of the climatic and other conditions which relate to the production and marketing of figs for canning purposes, no marketing program pursuant to...
- California Food and Agricultural Code Section 59572
By reason of the climatic conditions and other factors which relate to the production of grapes in such counties, no marketing program shall be applicable...
- California Food and Agricultural Code Section 59607
The director may appoint an attorney and shall provide for such other personnel as may be necessary and shall prescribe their duties.
- California Food and Agricultural Code Section 59611
The director may conduct hearings and investigations to carry out the intent and purposes of this chapter.
- California Food and Agricultural Code Section 59612
In the conduct of any hearing, inquiry, or investigation, the director may administer oaths, and issue subpoenas for the attendance of witnesses and the production...
- California Food and Agricultural Code Section 59614
The superior court of the county in which any inquiry, investigation, or hearing is held may compel the attendance of witnesses and require the disclosure...
- California Food and Agricultural Code Section 59615
Any party that disobeys any order or subpoena which is issued pursuant to the authority of the director is guilty of contempt and shall be...
- California Food and Agricultural Code Section 59616
The director through his duly authorized representatives and agents, including any proration zone agent who is in charge of a marketing program, shall have access,...
- California Food and Agricultural Code Section 59617
In carrying out his duties under this chapter, the director may utilize the facilities and personnel of the state and county departments of agriculture.
- California Food and Agricultural Code Section 59618
A full and accurate record of business or acts which are performed, or of testimony which is taken pursuant to the provisions of this chapter,...
- California Food and Agricultural Code Section 59619
The director may purchase general liability insurance for all marketing programs subject to the provisions of this chapter in an amount he or she determines...
- California Food and Agricultural Code Section 59641
Ten or more producers of the variety or kind of commodity which is to be affected may file with the director a petition for the...
- California Food and Agricultural Code Section 59642
The petition shall, among other things, contain or be accompanied by all of the following: (a) A description of the district which comprises the proration...
- California Food and Agricultural Code Section 59643
Except as otherwise provided in Section 59654, if, after receiving a petition for the establishment of a proration zone and a proposed marketing program for...
- California Food and Agricultural Code Section 59645
Prior to holding a public hearing upon a proposed proration zone and a proposed marketing program, the director: (a) May require the petitioners to file...
- California Food and Agricultural Code Section 59646
In establishing the list of producers, the director may issue a notice to handlers which requires them to file with the director a certified report...
- California Food and Agricultural Code Section 59647
The notice to handlers which requires them to file the lists shall be published by the director pursuant to Section 6062 of the Government Code...
- California Food and Agricultural Code Section 59648
In addition, the director may obtain lists of producers that are affected, whenever and in such manner as he may deem necessary or advisable for...
- California Food and Agricultural Code Section 59649
Any producer that produces the commodity which is affected by any proposed or existing marketing program, whose name does not appear upon the director's list...
- California Food and Agricultural Code Section 59650
Notice of the public hearing shall be mailed to a list of producers within the proposed zone at least 10 days prior to such hearing....
- California Food and Agricultural Code Section 59651
At the public hearing, the director shall receive evidence offered by the petitioners in support of the proposed proration zone and the proposed marketing program...
- California Food and Agricultural Code Section 59652
The hearings may be adjourned from time to time and from place to place as the circumstances may require. For the purpose of procuring additional...
- California Food and Agricultural Code Section 59653
All evidence and exhibits and all facts and data which are used directly or indirectly by the director, or introduced at a hearing shall, within...
- California Food and Agricultural Code Section 59654
The director may decline to hold a public hearing upon a proposed proration zone and a proposed marketing program if he determines and is satisfied...
- California Food and Agricultural Code Section 59655
Before issuing a marketing program for the written assent of producers, which contains provisions for correlating the supply of the commodity which is affected with...
- California Food and Agricultural Code Section 59656
In making the findings which are required by Section 59655, the director shall take into consideration all facts which are available to him with respect...
- California Food and Agricultural Code Section 59657
Before issuing a marketing program for the written assent of producers, which contains provisions for the purpose of regulating the flow of the commodity, or...
- California Food and Agricultural Code Section 59658
In making any findings pursuant to Section 59657, the director shall base his findings upon the facts, testimony, and evidence which is received at the...
- California Food and Agricultural Code Section 59659
In addition to either of the applicable findings prescribed by Section 59655 or 59657, the director shall find that the proposed proration zone includes all...
- California Food and Agricultural Code Section 59660
If, at a public hearing which includes a consideration of the establishment of the boundaries of a proration zone, it appears that the inclusion of...
- California Food and Agricultural Code Section 59662
Each proration zone is a separate public corporate entity.
- California Food and Agricultural Code Section 59691
Any area within the state which is not already included in a proration zone that produces the same kind or variety of a commodity as...
- California Food and Agricultural Code Section 59692
A petition to change the boundaries of any proration zone may be filed with the director by producers that produce not less than 10 percent...
- California Food and Agricultural Code Section 59693
After the hearing, findings shall be made and procedures followed which are in accordance with the applicable provisions of Article 5 (commencing with Section 59641)...
- California Food and Agricultural Code Section 59694
If the marketing program which is submitted is not assented to by producers in sufficient number and by sufficient volume to meet the requirements of...
- California Food and Agricultural Code Section 59721
The affairs of each proration zone shall be managed by a marketing program committee which is appointed in accordance with this chapter. The director shall...
- California Food and Agricultural Code Section 59722
For terms subsequent to the term of the initial committee, members and their respective alternates shall be selected and appointed in accordance with the following...
- California Food and Agricultural Code Section 59723
Eligible lists shall be established by the director either by means of a meeting of producers in each district, or by means of mail ballot,...
- California Food and Agricultural Code Section 59724
If a corporation or a partnership is a producer, it may designate a representative who may be a nominee.
- California Food and Agricultural Code Section 59725
Each respective alternate shall be appointed from the same eligible list from which the member is appointed. Each district in the proration zone is entitled...
- California Food and Agricultural Code Section 59726
The marketing program committee may at any time invite any handler or other person to its meetings to serve in an advisory capacity and may...
- California Food and Agricultural Code Section 59727
The director may, if requested by the producer members of the marketing program committee, appoint on the committee, in addition to the producer members, not...
- California Food and Agricultural Code Section 59728
If grade, quality, or size regulations are authorized under any marketing program for any commodity which is used for canning, freezing, fermenting, or distilling, and...
- California Food and Agricultural Code Section 59729
The members and alternate members of any marketing program committee or grading committee which are duly appointed by the director, including employees of the marketing...
- California Food and Agricultural Code Section 59730
Marketing program committee members are entitled to compensation at a rate not exceeding ten dollars ($10) each for each day while engaged on official business....
- California Food and Agricultural Code Section 59731
An alternate member of a marketing program committee shall sit as a regular member of the committee if the member for whom he is an...
- California Food and Agricultural Code Section 59732
Any vacancy on the marketing program committee which is occasioned by the expiration of term of office shall be filled from eligible lists of producers...
- California Food and Agricultural Code Section 59733
The marketing program committee shall appoint an agent, subject to the approval of the director, who shall administer the marketing program under the direction of...
- California Food and Agricultural Code Section 59734
The agent shall appoint such deputy agents and other assistants as may be necessary to direct the marketing program. Such appointments are subject to the...
- California Food and Agricultural Code Section 59735
The marketing program committee, with the approval of the director, may do all of the following: (a) Appoint subcommittees in any producing areas within the...
- California Food and Agricultural Code Section 59736
The exercise of the powers which are granted to a marketing program committee in its administration of a marketing program which is made effective pursuant...
- California Food and Agricultural Code Section 59737
Upon recommendation of the marketing program committee which is concerned, the director may, consistent with this chapter, establish such administrative regulations as may be necessary...
- California Food and Agricultural Code Section 59738
It is hereby declared, as a matter of legislative determination, that producers, or handlers, and processors appointed to any committees pursuant to this article are...
- California Food and Agricultural Code Section 59801
The powers which are granted to a marketing program committee by a marketing program pursuant to this article may be exercised for the purpose of...
- California Food and Agricultural Code Section 59802
A marketing program may authorize the marketing program committee to establish and maintain stabilization and surplus pools. The marketing of green ripe olives is not,...
- California Food and Agricultural Code Section 59803
The program committee may receive from each producer for delivery into a stabilization or surplus pool the uncertificated portions of the commodity which is regulated...
- California Food and Agricultural Code Section 59804
In operating any stabilization or surplus pool, the marketing program committee may receive and account for the commodity on the basis of variety, grade, or...
- California Food and Agricultural Code Section 59805
The marketing program committee has title to all of the commodity in each of the pools and shall handle all of the commodity received into...
- California Food and Agricultural Code Section 59806
The contents of a stabilization pool may be disposed of or may be marketed, from time to time, as the marketing program committee deems advisable,...
- California Food and Agricultural Code Section 59807
The contents of a surplus pool shall not be marketed in any form which would directly compete with that portion of the commodity which is...
- California Food and Agricultural Code Section 59808
A marketing program may authorize the marketing program committee to establish and maintain diversion or substandard pools. The program committee may receive from each producer...
- California Food and Agricultural Code Section 59809
In operating any such diversion or substandard pool, the marketing program committee may fix servicing charges to be assessed against the commodity which is received...
- California Food and Agricultural Code Section 59810
The contents of any diversion or substandard pool shall be disposed of for byproducts or for other purposes under proper safeguards to prevent that part...
- California Food and Agricultural Code Section 59811
A marketing program may authorize the marketing program committee to create, establish, or otherwise obtain and operate any facility for the storing, financing, grading, packing,...
- California Food and Agricultural Code Section 59812
The marketing program committee may pledge all of the commodity that is in any pool which is established pursuant to any provision of this article...
- California Food and Agricultural Code Section 59813
A marketing program may authorize the marketing program committee to create, by a uniform assessment upon producers based upon the volume of the commodity which...
- California Food and Agricultural Code Section 59814
No part of any funds which are raised for equalization fund purposes, as specified in Section 59813, shall be applied to the cost of maintenance...
- California Food and Agricultural Code Section 59815
A marketing program may authorize the marketing program committee to establish, adopt, and apply methods for correlating the marketable supply of any commodity to the...
- California Food and Agricultural Code Section 59816
A marketing program may authorize the marketing program committee to broaden distribution and increase consuming outlets by appropriate educational and trade stimulation efforts of a...
- California Food and Agricultural Code Section 59817
Educational and trade stimulation efforts may include all of the following: (a) Efforts to prevent, modify, or remove trade barriers which directly affect the commodity...
- California Food and Agricultural Code Section 59818
For the purpose of providing funds to defray the cost of formulating, administering, and enforcing educational and trade stimulation efforts, a fee or assessment shall...
- California Food and Agricultural Code Section 59819
Any portion of the funds which are collected during any marketing season to accomplish the purposes of Sections 59816, 59817, and 59818 may, subject to...
- California Food and Agricultural Code Section 59820
Any educational and trade stimulation efforts which are authorized by any marketing program if approved by growers, either by written assent or by referendum ballots,...
- California Food and Agricultural Code Section 59821
A marketing program may authorize the marketing program committee to provide for the adjustment of production of any commodity by means of tree or vine...
- California Food and Agricultural Code Section 59822
A marketing program of production adjustment adopted under Section 59821 shall not authorize any payment for the removal of acreages of trees or vines of...
- California Food and Agricultural Code Section 59823
If the marketing program committee finds that the results of research would be advantageous in the administration of a marketing program, it may, subject to...
- California Food and Agricultural Code Section 59824
In any such research, the Dean of the College of Agriculture of the University of California and the program committee shall cooperate in selecting the...
- California Food and Agricultural Code Section 59851
Upon the issuance of a marketing program for the written assent of producers, the director shall submit a copy of the marketing program in full...
- California Food and Agricultural Code Section 59852
A nonprofit cooperative association may assent on behalf of any of its members only if it is authorized so to do by an instrument in...
- California Food and Agricultural Code Section 59853
The director may at the time of mailing to producers a marketing program or amendments to it for written assent, establish a closing date after...
- California Food and Agricultural Code Section 59854
If the closing date is not established at the time assent forms are mailed to producers, and the director subsequently finds that because of the...
- California Food and Agricultural Code Section 59855
If the director finds that the marketing program has been assented to in writing by one of the following, he shall make the marketing program...
- California Food and Agricultural Code Section 59856
If the director makes a marketing program effective, he shall publish a notice of the effective date pursuant to Section 6061 of the Government Code...
- California Food and Agricultural Code Section 59857
A member of the marketing program committee, or the proration zone agent, shall not unduly influence producers in their choice either for or against the...
- California Food and Agricultural Code Section 59881
After any marketing program has been formulated and has been approved as provided in this chapter, the agent for the proration zone shall assume the...
- California Food and Agricultural Code Section 59882
Each producer is entitled to one primary certificate which may indicate the quantities of the commodity for which the marketing program has been instituted which...
- California Food and Agricultural Code Section 59883
Secondary certificates shall be numbered consecutively and shall be used to control the time and volume of harvesting or other preparation for disposal. Secondary certificates...
- California Food and Agricultural Code Section 59884
In the case of any commodity which is normally concentrated for preparation for market, the marketing program committee may authorize the harvesting of the entire...
- California Food and Agricultural Code Section 59885
Primary or secondary certificates are not negotiable between producers, except with the approval of the marketing program committee and the director.
- California Food and Agricultural Code Section 59886
In the operation of any marketing program, any cooperative or other market agency which is entitled to the possession of any commodity for marketing purposes...
- California Food and Agricultural Code Section 59911
Any amendment to a marketing program which is specified in Sections 59912 to 59921, inclusive, is a major amendment.
- California Food and Agricultural Code Section 59912
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to correlate the marketable supply of any commodity...
- California Food and Agricultural Code Section 59913
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to fix salable and surplus percentages.
- California Food and Agricultural Code Section 59914
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to establish, maintain, and operate stabilization, surplus, or...
- California Food and Agricultural Code Section 59915
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to create, establish, or otherwise obtain and operate...
- California Food and Agricultural Code Section 59916
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to create and disburse an equalization fund as...
- California Food and Agricultural Code Section 59917
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to broaden distribution and increase consuming outlets by...
- California Food and Agricultural Code Section 59918
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to provide for the adjustment of production of...
- California Food and Agricultural Code Section 59919
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority for carrying on research which is related to...
- California Food and Agricultural Code Section 59920
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to increase an assessment rate or fee beyond...
- California Food and Agricultural Code Section 59921
An amendment is a major amendment if it adds to, or deletes from, a marketing program authority to extend the application of the provisions of...
- California Food and Agricultural Code Section 59922
A major amendment shall not be made effective unless a public hearing has been held upon it in accordance with Article 5 (commencing with Section...
- California Food and Agricultural Code Section 59923
Minor amendments may be made to an effective marketing program upon the recommendation of not less than 75 percent of the producer members of the...
- California Food and Agricultural Code Section 59924
If the director deems it advisable, he may hold a public hearing upon minor amendments prior to such approval. Any public hearing held for this...
- California Food and Agricultural Code Section 59925
The amendment of any marketing program to provide for a referendum is a minor amendment.
- California Food and Agricultural Code Section 59926
Any modification of the provisions of any marketing program in effect for the purpose of clarifying the meaning or application of the provisions or modifying...
- California Food and Agricultural Code Section 59927
If the director makes any amendment to a marketing program effective, he shall publish a notice of the effective date pursuant to Section 6061 of...
- California Food and Agricultural Code Section 59941
The proration zone agent for each marketing program shall collect, either for each primary certificate or for each secondary certificate, or for both, a reasonable...
- California Food and Agricultural Code Section 59942
Any fee for primary certificates or secondary certificates which is fixed by the program committee with the approval of the director, pursuant to this article,...
- California Food and Agricultural Code Section 59943
If any producer has authorized a handler to obtain secondary certificates and pay secondary certificate fees on behalf of the producer, or the handler has...
- California Food and Agricultural Code Section 59943.5
For the convenience of collecting any producer fees which are established pursuant to this article, the director may collect such fees from the handlers of...
- California Food and Agricultural Code Section 59944
The proportion of the fees which is payable to the department may vary upon a seasonal basis for each program according to the estimated expense...
- California Food and Agricultural Code Section 59945
Upon the request of any marketing program committee, the director shall confer with the committee or its representatives prior to fixing the amount or proportion...
- California Food and Agricultural Code Section 59946
All fees shall be deposited promptly by the proration zone agent in a bank which is approved by the Director of Finance, and shall be...
- California Food and Agricultural Code Section 59947
(a) The funds that are deposited pursuant to Section 59946 shall be disbursed by the director or the marketing program committee, pursuant to regulations prescribed...
- California Food and Agricultural Code Section 59948
The proportionate amount of fees which are payable to the department shall be withdrawn from the funds monthly by the director and shall be used...
- California Food and Agricultural Code Section 59949
At the end of any marketing season as designated in each marketing program, after proper provision has been made for the payment of all necessary...
- California Food and Agricultural Code Section 59950
At the time a refund is made, the marketing program committee shall file with the director a claim for the refund to growers that are...
- California Food and Agricultural Code Section 59951
Unexpended balances of any money which is collected to carry out the educational and trade stimulation efforts which are provided for in Sections 59816, 59817,...
- California Food and Agricultural Code Section 59952
If the unexpended balance is so small as to make impractical the computation and remitting of a pro rata refund, the director may authorize the...
- California Food and Agricultural Code Section 59953
Unless otherwise requested by the marketing program committee, the director is not required to issue refunds to any producer in an amount less than five...
- California Food and Agricultural Code Section 59954
Any check or warrant which is drawn against the fund of any marketing program which remains unclaimed or uncashed for a period of six months...
- California Food and Agricultural Code Section 59955
If there is no marketing program then in effective operation for the commodity, the funds shall be credited to the unexpended balance, if any, of...
- California Food and Agricultural Code Section 59956
An agent or employee of the marketing program committee shall not have or receive any funds which are collected pursuant to this chapter until such...
- California Food and Agricultural Code Section 59957
Upon the recommendation of the marketing program committee, the director may relieve the proration zone agent of the responsibility of collecting any amount which is...
- California Food and Agricultural Code Section 59958
The director, in addition to other remedies which are provided by law, may direct suit in the name of the people of this state as...
- California Food and Agricultural Code Section 59981
Except as otherwise provided in Section 59820, if any marketing program which is in active operation does not provide for a periodic referendum of producers...
- California Food and Agricultural Code Section 59982
An expression by a majority of the producers that participate in the referendum shall govern the action of the director in declaring a program modified,...
- California Food and Agricultural Code Section 59983
In conducting the referendum, the director may require the majority expression to be that of producers in terms of volume of production in addition to...
- California Food and Agricultural Code Section 59984
After the institution of any marketing program, the program shall be terminated if there is filed with the director a petition for its termination which...
- California Food and Agricultural Code Section 59985
Each petitioner shall, upon affixing his signature to the petition for termination, write in the date of signing. No signature to the petition shall be...
- California Food and Agricultural Code Section 59986
If from a check of the petition together with the facts and evidence which are adduced at the hearing, it is established that the petition...
- California Food and Agricultural Code Section 59987
The costs incident to conducting the hearing and making of findings shall initially be paid from the funds of the program to the extent that...
- California Food and Agricultural Code Section 59988
The director may at any time initiate an investigation to determine whether or not the facts which are specified in Sections 59655 to 59662, inclusive,...
- California Food and Agricultural Code Section 60011
Any action for penalties or other remedies which is prescribed in this chapter shall be commenced within two years from the date of the alleged
- California Food and Agricultural Code Section 60012
Any person that possesses, markets, handles, or transports any commodity in violation of any provision of an original or modified marketing program which is approved...
- California Food and Agricultural Code Section 60013
Any person that violates a marketing program which is approved and made effective, or violates any regulation which is adopted by any program committee and...
- California Food and Agricultural Code Section 60014
Except as otherwise provided in Section 60015, it is a misdemeanor for: (a) Any person to willfully render or furnish a false or fraudulent report,...
- California Food and Agricultural Code Section 60015
Section 60014 does not apply to a common carrier which is operating over a regular route or between fixed termini if the shipment is made...
- California Food and Agricultural Code Section 60016
(a) When the director makes a determination that a marketing program fee payment due pursuant to this chapter is deficient as to the payment due,...
- California Food and Agricultural Code Section 61301
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 61302
"Bulk milk" or "bulk cream" means milk or cream, respectively, which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other consumer...
- California Food and Agricultural Code Section 61303
"Consumer" means any person that buys milk, cream, or any dairy product for consumption and not for resale.
- California Food and Agricultural Code Section 61304
"Cream" has the meaning of that term as defined in Section 32504.
- California Food and Agricultural Code Section 61305
"Dairy product" means any product classified as Class 1 or Class 2 under Section 61932, 61933, or 61936; any frozen product or frozen product mix...
- California Food and Agricultural Code Section 61306
(a) "Distributor" means any handler, as defined in Section 61826, and includes brokers and agents and the nonprofit cooperative associations described in Article 2 (commencing...
- California Food and Agricultural Code Section 61307
"Manufacturing milk" has the meaning of that term as defined in Section 32509.
- California Food and Agricultural Code Section 61307.2
"Manufacturing milk handler" means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise acquires ownership, possession, or...
- California Food and Agricultural Code Section 61307.4
"Manufacturing milk plant" means any place, structure, or building where a handler receives manufacturing milk.
- California Food and Agricultural Code Section 61308
"Manufacturer" means any person that is engaged in the business of manufacturing any dairy product.
- California Food and Agricultural Code Section 61309
"Market milk" has the meaning of that term as defined in Section 32510.
- California Food and Agricultural Code Section 61310
"Market cream" has the meaning of that term as defined in Section 35811.
- California Food and Agricultural Code Section 61311
"Milk" has the meaning of that term as defined in Section 32511.
- California Food and Agricultural Code Section 61312
"Packaged milk," "packaged cream," or "packaged dairy product" means market milk, market cream, or any dairy product, respectively, which is packaged in cartons, bottles, dispenser...
- California Food and Agricultural Code Section 61313
"Person" means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit...
- California Food and Agricultural Code Section 61314
"Producer" means any person that operates a dairy herd which produces milk or cream commercially and whose bulk milk or bulk cream is received or...
- California Food and Agricultural Code Section 61315
"Producer-distributor" means any person that is both a producer of milk or cream and a distributor of milk, cream, or any dairy product. For the...
- California Food and Agricultural Code Section 61316
"Restricted use market milk" has the meaning of that term as defined in Section 32516.5.
- California Food and Agricultural Code Section 61317
"Wholesale customer" means any person other than a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other...
- California Food and Agricultural Code Section 61331
For the purposes of this chapter, a nonprofit cooperative association which is organized and existing under Chapter 1 (commencing with Section 54001) of Division 20...
- California Food and Agricultural Code Section 61332
For the purposes of this chapter, a nonprofit cooperative association which is organized and existing under Chapter 1 (commencing with Section 54001) of Division 20...
- California Food and Agricultural Code Section 61333
A nonprofit cooperative association accounts to producers on a patronage basis when it accounts to each producer for his share of the net proceeds derived...
- California Food and Agricultural Code Section 61341
The director may adopt regulations for the proper administration and enforcement of the provisions of this chapter. Any violation of any such regulation is subject...
- California Food and Agricultural Code Section 61342
The provisions of this chapter shall be liberally construed as being complementary of, and supplemental to, the provisions of Chapter 2 (commencing with Section 61801)...
- California Food and Agricultural Code Section 61343
Any person and subject matter to which this chapter is applicable is not subject to the provisions of the Unfair Practices Act, Chapter 4 (commencing...
- California Food and Agricultural Code Section 61344
This chapter shall be liberally construed. If any article, section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be...
- California Food and Agricultural Code Section 61345
Chapter 2 (commencing with Section 61801), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being...
- California Food and Agricultural Code Section 61381
Any false or misleading advertising, as defined in Sections 32914 and 36062 of this code, and Sections 17500, 17501, and 17502 of the Business and...
- California Food and Agricultural Code Section 61382
Discrimination in price between distributors or between wholesale customers, or between consumers, that purchase milk, cream, or any dairy product of like grade and quality...
- California Food and Agricultural Code Section 61383
The sale or offer to sell or giving of any article in any transaction which involves the sale or disposal of milk, cream, or any...
- California Food and Agricultural Code Section 61384
(a) The sale by any retailer, wholesale customer, manufacturer, or distributor, including any producer-distributor or nonprofit cooperative association acting as a distributor, of milk, cream,...
- California Food and Agricultural Code Section 61385
Any false statement or representation which is knowingly made, by any wholesale customer or consumer, or anyone that is acting on the behalf of either,...
- California Food and Agricultural Code Section 61391
Solicitation by, or collusion or joint participation between or among, any manufacturer, distributor, producer, wholesale customer, consumer, or any representative of any of them, to...
- California Food and Agricultural Code Section 61400
It is recognized by the Legislature that unfair and disruptive practices have developed concerning the purchasing of manufacturing milk, as defined in Section 32509, including...
- California Food and Agricultural Code Section 61404
The bond provided for in this article is required for each manufacturing milk handler.
- California Food and Agricultural Code Section 61405
(a) Every manufacturing milk handler that operates only one plant within the state, before purchasing any manufacturing milk from a producer, shall execute and deliver...
- California Food and Agricultural Code Section 61405.1
If any handler increases his or her purchases of manufacturing milk during the license year so that the purchases exceed the amount for which the...
- California Food and Agricultural Code Section 61406
The bond required by Section 61405 shall be in a form approved by the director, and shall be conditioned upon the payment in the manner...
- California Food and Agricultural Code Section 61407
If a handler fails to pay any producer or producers in the manner that is required by this chapter, the director shall proceed forthwith to...
- California Food and Agricultural Code Section 61407.1
(a) After determining the claims of the producers pursuant to Section 61407, the director shall bring an action on the bond on behalf of the...
- California Food and Agricultural Code Section 61407.2
If the recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, the amount...
- California Food and Agricultural Code Section 61407.3
Payments by a handler to a producer, for the purposes of any action on a handler's bond for any year, shall be credited first to...
- California Food and Agricultural Code Section 61407.4
(a) The director may bring an action against a surety bond company if the company fails to do any of the following: (1) Acknowledge promptly...
- California Food and Agricultural Code Section 61408
If a manufacturing milk handler fails to pay any producer in the manner that is required by this chapter, the director may require the filing...
- California Food and Agricultural Code Section 61409
The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this...
- California Food and Agricultural Code Section 61410
The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this...
- California Food and Agricultural Code Section 61411
Except as otherwise provided in Section 61411.2 or 61411.3, the purchase of any manufacturing milk in excess of 1,000 gallons monthly from any manufacturing milk...
- California Food and Agricultural Code Section 61411.1
The production of manufacturing milk in excess of amounts to be purchased under contracts executed pursuant to Section 61411 shall be voluntary on the part...
- California Food and Agricultural Code Section 61411.2
Section 61411 does not apply to the purchase of manufacturing milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage...
- California Food and Agricultural Code Section 61411.3
Section 61411 does not apply to manufacturing milk purchased under cash-on-delivery terms.
- California Food and Agricultural Code Section 61411.4
Any contract between a producer and a handler shall be voidable by the producer for a 45-day period following the occurrence of either of the...
- California Food and Agricultural Code Section 61411.5
If a notice has been issued by the director that the future deliveries to the handler shall not be covered under the Milk Producers Security...
- California Food and Agricultural Code Section 61412
Every milk handler who receives manufacturing milk subject to the provisions of this article shall deduct as an assessment from payments made to producers for...
- California Food and Agricultural Code Section 61413
The director may fix the rates of assessments or fees required by Section 61412 at lesser amounts, and may adjust the rates of assessments or...
- California Food and Agricultural Code Section 61414
(a) Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom...
- California Food and Agricultural Code Section 61415
The failure of any handler to pay for manufacturing milk delivered to the handler at the time and in the manner specified in the contract...
- California Food and Agricultural Code Section 61415.1
(a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers in cash shall, in all cases, obtain a dated, signed...
- California Food and Agricultural Code Section 61415.2
(a) If a handler does not pay for manufacturing milk delivered to him or her at the time and in the manner specified in the...
- California Food and Agricultural Code Section 61415.3
If a handler fails to pay for manufacturing milk delivered to him or her at the time and in the manner specified in this chapter,...
- California Food and Agricultural Code Section 61416
The director may revoke or suspend any license of a handler if the director finds as a result of a noticed hearing that the handler...
- California Food and Agricultural Code Section 61416.1
The director, pursuant to the procedure in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government...
- California Food and Agricultural Code Section 61417
In lieu of revoking or suspending a handler's license under Section 61416, the director may impose any other conditional and probationary orders, pursuant to a...
- California Food and Agricultural Code Section 61418
If the respondent does not comply with any conditional or probationary orders, the director may suspend or revoke the license in accordance with the procedure...
- California Food and Agricultural Code Section 61419
(a) Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any manufacturing milk purchased...
- California Food and Agricultural Code Section 61441
Every distributor, person who sells at wholesale, or manufacturer of milk, cream, or any dairy product shall maintain and keep, for a period of three...
- California Food and Agricultural Code Section 61442
The director shall have access to, and may enter at all reasonable hours, any place where any dairy product is being processed, bottled, stored, kept,...
- California Food and Agricultural Code Section 61442.1
Within 60 days of the effective date of this section, each manufacturing milk handler shall provide the director with a list of the name, address,...
- California Food and Agricultural Code Section 61443
Any record or report which is made to the director pursuant to this article, or any contract required to be filed pursuant to this chapter,...
- California Food and Agricultural Code Section 61471
The director may, upon his or her own motion or upon the receipt of any verified complaint, investigate any transaction that involves the violation of...
- California Food and Agricultural Code Section 61472
If a hearing is called by the director, the director shall cause a copy of the complaint, together with a notice of time and place...
- California Food and Agricultural Code Section 61473
The hearing shall be held in the city or place in which is situated the business location of the person that is complained of, or...
- California Food and Agricultural Code Section 61474
The person complained of shall, at least three days prior to the date fixed for the hearing, serve upon the complaining party and file with...
- California Food and Agricultural Code Section 61475
At the time and place which is appointed for such hearing the director shall hear the parties to such complaint, and shall enter in the...
- California Food and Agricultural Code Section 61476
The director may do any of the following: (a) Administer oaths and take testimony thereunder. (b) Issue subpoenas which require the attendance of witnesses before...
- California Food and Agricultural Code Section 61477
Any party that disobeys any order or subpoena of the director is guilty of contempt and shall be certified to the superior court of the...
- California Food and Agricultural Code Section 61478
Any act of the director pursuant to any provision of this chapter may be reviewed by any court of competent jurisdiction.
- California Food and Agricultural Code Section 61490
For the purposes of this article, each subsidiary manufacturing milk plant, or branch manufacturing milk plant, whether under one ownership or not, shall be considered...
- California Food and Agricultural Code Section 61491
"Manufacturing milk handler" means any person defined as a manufacturing milk handler pursuant to Section 61402.
- California Food and Agricultural Code Section 61492
It is unlawful for a manufacturing milk handler who is not licensed under Article 12 (commencing with Section 62141) of Chapter 2 to handle manufacturing...
- California Food and Agricultural Code Section 61493
Application for the license provided by this article shall be made on forms prescribed by the director, accompanied by an application fee as prescribed in...
- California Food and Agricultural Code Section 61494
One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for the renewal...
- California Food and Agricultural Code Section 61531
All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of...
- California Food and Agricultural Code Section 61571
The violation of any provisions of this chapter is a misdemeanor which is punishable by a fine not less than one hundred dollars ($100) and...
- California Food and Agricultural Code Section 61572
Any person who violates this chapter, or any regulations adopted under this chapter, is liable civilly in an amount not less than one hundred dollars...
- California Food and Agricultural Code Section 61573
The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which...
- California Food and Agricultural Code Section 61801
The production of market milk is hereby declared to be a business affected with a public interest. The provisions of this chapter are enacted in...
- California Food and Agricultural Code Section 61802
The Legislature hereby declares all of the following: (a) Market milk is a necessary article of food for human consumption. (b) The production and maintenance...
- California Food and Agricultural Code Section 61803
It is recognized by the Legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas...
- California Food and Agricultural Code Section 61804
The foregoing statements in this article of facts, policy, and application of this chapter are hereby declared a matter of legislative determination.
- California Food and Agricultural Code Section 61805
The purposes of this chapter are to do all of the following: (a) Provide funds for administration and enforcement of this chapter, by assessments to...
- California Food and Agricultural Code Section 61806
It is the intent of the Legislature that the powers conferred in this chapter shall be liberally construed.
- California Food and Agricultural Code Section 61807
Nothing in this chapter permits or authorizes the development of conditions of monopoly in the production of market milk. In the establishment of the terms...
- California Food and Agricultural Code Section 61808
The Legislature hereby declares that this chapter is intended to formulate a comprehensive scheme for the regulation of marketing milk. If, however, any provision of,...
- California Food and Agricultural Code Section 61809
If any article, section, subdivision, sentence, clause, or phrase of any provision of this chapter is for any reason held to be unconstitutional, such decision...
- California Food and Agricultural Code Section 61810
Chapter 1 (commencing with Section 61301), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being...
- California Food and Agricultural Code Section 61811
No provision of this chapter, or of any stabilization and marketing plan formulated by the director pursuant to this chapter, is any limitation upon the...
- California Food and Agricultural Code Section 61812
Neither the repeal of former Chapter 2 of this part, the reenactment of this chapter nor the amendment of any provision of this chapter shall...
- California Food and Agricultural Code Section 61821
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 61822
"Board" means any advisory board created as authorized in this chapter.
- California Food and Agricultural Code Section 61823
"Bulk market milk" means market milk which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other consumer packages, and is handled...
- California Food and Agricultural Code Section 61824
"Consumer" means any person that purchases market milk, or any dairy product for consumption.
- California Food and Agricultural Code Section 61825
"Dairy product" or "milk product" includes any product manufactured from milk or any derivative or product of milk.
- California Food and Agricultural Code Section 61826
"Handler" means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise acquires ownership, possession, or control of...
- California Food and Agricultural Code Section 61827
"Market cream" means cream, as defined in this code, and any combination of cream and milk, or any fluid product of milk or cream sold...
- California Food and Agricultural Code Section 61828
"Market milk" has the meaning of that term as defined in Section 32510 and has the same meaning as "restricted use market milk" as defined...
- California Food and Agricultural Code Section 61829
"Market skim milk" means skim milk, as defined in this code, that is derived from market milk and conforms to the health and sanitary regulations...
- California Food and Agricultural Code Section 61830
"Marketing area" is any area within this state declared to be such in the manner that is prescribed in this chapter.
- California Food and Agricultural Code Section 61831
"Milk" has the meaning of that term as defined in Section 32511.
- California Food and Agricultural Code Section 61831.5
"Milk used for manufacturing purposes" means all milk used for those products defined in Part 3 (commencing with Section 36601) of Division 15.
- California Food and Agricultural Code Section 61832
"Milk plant" means any place, structure, or building where a handler receives market milk.
- California Food and Agricultural Code Section 61833
"Packaged market milk" or "packaged market cream" means market milk or market cream respectively, which is packaged in cartons, bottles, dispenser cans, or other consumer...
- California Food and Agricultural Code Section 61834
"Person" means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit...
- California Food and Agricultural Code Section 61835
"Processing" means receiving, pasteurizing, and packaging market milk. It includes the manufacturing of milk products from market milk.
- California Food and Agricultural Code Section 61836
"Producer" means any person that produces market milk from five or more cows in conformity with the applicable health regulations of the place in which...
- California Food and Agricultural Code Section 61837
"Producer-handler" means any person that is both a producer and a handler of market milk. For the purposes of this chapter a producer-handler is a...
- California Food and Agricultural Code Section 61838
"Stabilization and marketing plan" means any plan formulated and made effective by the director within the legislative standards provided by this chapter. It includes, among...
- California Food and Agricultural Code Section 61839
"Wholesale customer" means any person except a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other wholesale
- California Food and Agricultural Code Section 61871
For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20, that acts...
- California Food and Agricultural Code Section 61872
For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20, that acts...
- California Food and Agricultural Code Section 61873
A nonprofit cooperative association accounts to producers on a patronage basis when it accounts to each producer for his share of the net proceeds derived...
- California Food and Agricultural Code Section 61891
The director shall enforce the provisions of this chapter and of any stabilization and marketing plan initiated pursuant to the provisions of this chapter. The...
- California Food and Agricultural Code Section 61892
The director shall have and may exercise any or all the powers conferred by the Government Code upon the head of a department of the...
- California Food and Agricultural Code Section 61893
The director is the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative...
- California Food and Agricultural Code Section 61894
For the purposes of enforcing this chapter, the director may investigate any and all transactions, between producers and handlers, between nonprofit cooperative associations and producers,...
- California Food and Agricultural Code Section 61895
The director may require the registration of producers.
- California Food and Agricultural Code Section 61896
The director may formulate any stabilization and marketing plan as prescribed in this chapter and declare it effective after public hearing and reasonable notice by...
- California Food and Agricultural Code Section 61897
A full and accurate record of business or acts performed, or of testimony taken, by the director pursuant to this chapter shall be kept and...
- California Food and Agricultural Code Section 61898
In addition to the compilation of information which pertains to market milk from the reports required by this chapter, the director shall collect, assemble, compile,...
- California Food and Agricultural Code Section 61899
Any order of the director made pursuant to this chapter which substantially affects the rights of any interested party may be reviewed by any court...
- California Food and Agricultural Code Section 61900
The director may confer, enter into agreements, or otherwise arrange with the constituted authorities of this state, other states, or agencies of the United States...
- California Food and Agricultural Code Section 61901
All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of...
- California Food and Agricultural Code Section 61902
If the director determines that it is probable that one or more factors or conditions which affect prices of market milk have changed on a...
- California Food and Agricultural Code Section 61903
Any person who has testified under oath at a public hearing held by the director pursuant to this chapter may be granted, upon request prior...
- California Food and Agricultural Code Section 61904
Any provisions of a stabilization and marketing plan formulated, established, or rejected by the director pursuant to this chapter, shall be accompanied by written statements,...
- California Food and Agricultural Code Section 61931
Market milk may be classified for the purposes of this chapter as provided in this article.
- California Food and Agricultural Code Section 61932
Class 1 comprises: (a) Any market milk, market skim milk, half-and-half, or concentrated milk that is supplied to consumers in the fluid state, with the...
- California Food and Agricultural Code Section 61933
Class 2 comprises any market milk, market skim milk, or market cream used in the manufacture of market cream, homogenized market cream, sour cream, sour...
- California Food and Agricultural Code Section 61934
Class 3 comprises all market milk, market skim milk, or market cream used in the manufacture of frozen dairy products.
- California Food and Agricultural Code Section 61935
(a) Class 4a comprises all market milk, market skim milk, or market cream used in the manufacture of butter, dried milk, dried skim milk, nonfat...
- California Food and Agricultural Code Section 61936
If the director establishes a temporary definition and standards for any new milk product pursuant to Article 2 (commencing with Section 36631), Chapter 1, Part...
- California Food and Agricultural Code Section 61937
Market milk, market skim milk, or market cream, utilized in bulk by handlers as condensed milk, condensed skim milk, evaporated skim milk, evaporated cream or...
- California Food and Agricultural Code Section 61961
The director shall designate marketing areas which he deems necessary or advisable to effectuate the purposes of this chapter, and in which he finds the...
- California Food and Agricultural Code Section 61962
The director may establish additional areas, or modify areas previously established, if he deems the establishment or modification of such areas necessary or advisble to...
- California Food and Agricultural Code Section 61963
If the director finds, after a public hearing in and for each particular marketing area under consideration for consolidation, that conditions of production and handling...
- California Food and Agricultural Code Section 61991
Except as otherwise provided in Section 61992, the director shall, prior to the formulation of a stabilization and marketing plan for market milk for any...
- California Food and Agricultural Code Section 61992
A hearing need not, however, be held if a petition requesting a stabilization and marketing plan is presented to the director by the producers whose...
- California Food and Agricultural Code Section 61993
If the director finds that a stablization and marketing plan is necessary to accomplish the purposes of this chapter, he shall formulate a stabilization and...
- California Food and Agricultural Code Section 61994
The notice of the hearing may be effected by mail, or by publication pursuant to Section 6062 of the Government Code in the area which...
- California Food and Agricultural Code Section 61995
At the hearing, interested parties shall be heard and records kept of the proceedings of such hearing for determination by the director whether the plan...
- California Food and Agricultural Code Section 61996
If, after the public hearing, the director determines that the proposed plan will tend to accomplish the purposes of this chapter within the standards which...
- California Food and Agricultural Code Section 61997
A handler that is subject to the provisions of any stabilization and marketing plan shall not purchase milk from any producer that does not comply...
- California Food and Agricultural Code Section 61998
No stabilization or marketing plan shall contain provisions the purposes of which are to establish limitations upon the production of market milk.
- California Food and Agricultural Code Section 62031
The director may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in Article 7 (commencing with Section 61991),...
- California Food and Agricultural Code Section 62032
A hearing on the amendment or termination of a stabilization and marketing plan may be held upon the motion of the director and shall be...
- California Food and Agricultural Code Section 62061
Each stabilization and marketing plan shall contain provisions for prohibiting producers and handlers from engaging in the unlawful trade practices applicable to them that are...
- California Food and Agricultural Code Section 62062
Each stabilization and marketing plan shall contain provisions whereby the director establishes minimum prices to be paid by handlers to producers for market milk in...
- California Food and Agricultural Code Section 62062.1
Any designation of a class 1 price by any method or formula that is used to develop class 1 prices paid to producers in the...
- California Food and Agricultural Code Section 62062.5
The minimum prices otherwise established pursuant to this chapter shall be increased by any security charges that are imposed pursuant to Chapter 2.5 (commencing with...
- California Food and Agricultural Code Section 62063
Subject to the provisions of Sections 62074 and 62075, each stabilization and marketing plan shall contain provisions whereby the director shall provide methods for the...
- California Food and Agricultural Code Section 62064
Each stabilization and marketing plan shall provide all of the following: (a) For the establishment of prices for market milk, whether or not such market...
- California Food and Agricultural Code Section 62065
No amendment of this article terminates or invalidates any provision of any stabilization and marketing plan which has been established by the director prior to...
- California Food and Agricultural Code Section 62066
Notwithstanding any other provision of this code to the contrary, the director, in establishing minimum prices to be paid by handlers to producers, for market...
- California Food and Agricultural Code Section 62067
Each stabilization and marketing plan may contain provisions which require handlers to report to each producer from whom market milk is secured all of the...
- California Food and Agricultural Code Section 62068
Each stabilization and marketing plan may contain provisions which authorize any handler that purchases market milk under contract from any producer to pool such market...
- California Food and Agricultural Code Section 62069
The director may establish minimum prices to be paid by handlers to producer-handlers for milk not used by the purchasing handler as class 1 milk....
- California Food and Agricultural Code Section 62070
Each stabilization and marketing plan may further provide for maximum charges for plant processing and transportation service on the market milk or market milk components...
- California Food and Agricultural Code Section 62071
Each stabilization and marketing plan may provide for minimum charges for the various services performed or rendered by a nonprofit cooperative association in respect to...
- California Food and Agricultural Code Section 62072
In establishing minimum handler service charges under Section 62071, the director shall take into consideration all relevant factors, including, but not limited to, the following:...
- California Food and Agricultural Code Section 62073
If any contract between a handler and a producer for the purchase of any market milk provides that the charges for the hauling of it...
- California Food and Agricultural Code Section 62074
If the director establishes a stabilization and marketing plan for market milk, the director shall establish minimum prices to be paid by handlers for market...
- California Food and Agricultural Code Section 62074.5
A stabilization and marketing plan may contain provisions necessary to encourage the availability of market milk for those usages for which class 1 and class...
- California Food and Agricultural Code Section 62075
The director shall establish the minimum prices to be paid by handlers to producers for class I usage of market milk upon a milk fat,...
- California Food and Agricultural Code Section 62076
In establishing prices to be paid by handlers to producers for class 2, class 3, class 4a, or class 4b market milk, the director shall...
- California Food and Agricultural Code Section 62077
A handler shall not pay any producer less than the applicable price established for the usage to which the market milk, purchased from him is...
- California Food and Agricultural Code Section 62078
All handlers who receive market milk within this state shall be obligated to pay minimum producer prices established under this chapter regardless of the area...
- California Food and Agricultural Code Section 62079
Whenever a pooling plan is in effect as provided in Chapter 3 (commencing with Section 62700) and Chapter 3.5 (commencing with Section 62750) of this...
- California Food and Agricultural Code Section 62091
The unlawful trade practices described in this article apply to every handler whether or not a stabilization and marketing plan is in effect in the...
- California Food and Agricultural Code Section 62092
The payment, allowance, or acceptance of any secret rebate, secret refund, or unearned discount by any person, whether in the form of money or otherwise,...
- California Food and Agricultural Code Section 62093
The giving of any milk, cream, dairy product, service, or article of any kind, except to a bona fide charity, for the purpose of securing...
- California Food and Agricultural Code Section 62094
The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value, directly or indirectly, or through...
- California Food and Agricultural Code Section 62095
The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value by any person, directly or...
- California Food and Agricultural Code Section 62095.1
The payment by a handler, either directly or indirectly, of less than the minimum producer price established under the applicable stabilization and marketing plan adopted...
- California Food and Agricultural Code Section 62121
The director may require that each person that submits a bid for the sale to an agency of the United States government of market milk...
- California Food and Agricultural Code Section 62141
The licenses provided for in this article are required for each handler. For the purposes of this article, each subsidiary milk plant or branch milk...
- California Food and Agricultural Code Section 62142
For the purposes of this article, "handler" shall include any person defined as a handler under Section 61826 or any person defined as a distributor...
- California Food and Agricultural Code Section 62143
No person who qualifies as a handler under Section 62142 shall deal in market milk without first obtaining a license from the director. In addition,...
- California Food and Agricultural Code Section 62144
Applications for the license provided by this article shall be made on forms prescribed by the director, accompanied by a fee as prescribed in Section...
- California Food and Agricultural Code Section 62145
One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for renewal of...
- California Food and Agricultural Code Section 62146
The director may refuse to grant or renew any license if he or she is satisfied that any applicant, or any person connected with the...
- California Food and Agricultural Code Section 62147
The director may also refuse to grant or renew any license to a handler if he is satisfied that the handler has failed to pay...
- California Food and Agricultural Code Section 62148
The proceedings to determine whether or not the director shall refuse to grant or renew a license shall be conducted in accordance with Chapter 5...
- California Food and Agricultural Code Section 62149
The decision may include an order refusing to grant or renew the license applied for, or affixing other conditional and probationary orders that may be...
- California Food and Agricultural Code Section 62150
After any decision in favor of the issuance or renewal of a license which includes any conditional or probationary orders, if the person to whom...
- California Food and Agricultural Code Section 62151
The director may revoke or suspend, as the case may require, any license which is issued pursuant to this chapter, if he or she is...
- California Food and Agricultural Code Section 62152
The director may also revoke or suspend any license of a handler if he is satisfied that the handler has not paid for any market...
- California Food and Agricultural Code Section 62153
The decision may include an order revoking or suspending the license held by the licensee, or affixing such other conditional and probationary orders as may...
- California Food and Agricultural Code Section 62154
After any decision, which includes any conditional or probationary orders, if the respondent does not comply with any such orders, the director may suspend or...
- California Food and Agricultural Code Section 62155
Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any market milk purchased from...
- California Food and Agricultural Code Section 62181
The bonds provided for in this article are required for each handler and apply to all purchases of milk by that handler. A handler bonded...
- California Food and Agricultural Code Section 62182
(a) Every handler that operates only one plant within the state, before purchasing any market milk from a producer, shall execute and deliver to the...
- California Food and Agricultural Code Section 62183
If any handler so increases his purchases of market milk during the license year that such purchases exceed the amount for which the handler is...
- California Food and Agricultural Code Section 62184
The bonds required by Sections 62182 and 62183 shall be upon a form approved by the director, and shall be conditioned upon the payment in...
- California Food and Agricultural Code Section 62185
If a handler fails to pay any producer or producers for market milk in the manner that is required by this chapter, the director shall...
- California Food and Agricultural Code Section 62186
After determining the claims of such producers, the director shall bring an action on the bond on behalf of such producers. Any producer not satisfied...
- California Food and Agricultural Code Section 62186.1
(a) The director may bring an action against a surety bond company if the company fails to do any of the following: (1) Acknowledge promptly...
- California Food and Agricultural Code Section 62187
If a handler fails to pay any producer in the manner that is required by this chapter, the director may require the filing of a...
- California Food and Agricultural Code Section 62188
If recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, any such amount...
- California Food and Agricultural Code Section 62189
The failure of any handler that purchases market milk from producers to execute and deliver the bond as provided and required in this article is...
- California Food and Agricultural Code Section 62190
Payments by a handler to a producer, for the purposes of any action on a handler's bond or bonds for any year or years, shall...
- California Food and Agricultural Code Section 62191
(a) Except as otherwise provided in Section 62193 or 62194, the purchase of any market milk in excess of 1,000 gallons monthly from any producer...
- California Food and Agricultural Code Section 62192
The production of market milk in excess of amounts provided to be purchased under contracts executed pursuant to Section 62191 shall be voluntary on the...
- California Food and Agricultural Code Section 62193
Section 62191 does not apply to the purchase of market milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage...
- California Food and Agricultural Code Section 62194
Section 62191 does not apply to market milk purchased under cash-on-delivery terms.
- California Food and Agricultural Code Section 62195
The payment by a handler to any producer, including any nonprofit cooperative association acting as a producer, or the receipt from a handler by a...
- California Food and Agricultural Code Section 62196
The failure of any handler to pay for market milk delivered to him or her at the time and in the manner specified in the...
- California Food and Agricultural Code Section 62197
This article applies regardless of the form in which market milk is received by the handler and regardless of the area of origin of the...
- California Food and Agricultural Code Section 62198
Any contract between a producer and handler is voidable by the producer for a 45-day period following the occurrence of either of the following events:...
- California Food and Agricultural Code Section 62199
If a notice has been issued by the director that the future deliveries to the handler will not be covered under the Milk Producers Security...
- California Food and Agricultural Code Section 62200
(a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers by cash shall, in all cases, obtain a dated, signed...
- California Food and Agricultural Code Section 62201
(a) If a handler does not pay for market milk delivered to him or her at the time and in the manner specified in the...
- California Food and Agricultural Code Section 62202
If a handler fails to pay for market milk delivered to him or her at the time and in the manner specified in this chapter,...
- California Food and Agricultural Code Section 62211
Every handler subject to the provisions of any stabilization and marketing plan, including a producer-handler, shall deduct as an assessment from payments made to producers...
- California Food and Agricultural Code Section 62212
The director may fix the rates of assessments or fees required by Section 62211 at lesser amounts, and may adjust the rates of assessments or...
- California Food and Agricultural Code Section 62213
Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom such...
- California Food and Agricultural Code Section 62241
All handlers shall make and file with the director at least once each month such reports as the director may require to enable him to...
- California Food and Agricultural Code Section 62241.5
Within 60 days of the effective date of this section, each market milk handler shall provide the director with a list of the name, address,...
- California Food and Agricultural Code Section 62242
Every handler that purchases market milk shall make and keep for three years a correct record which shows in detail all of the following with...
- California Food and Agricultural Code Section 62243
Any record or report made to the director pursuant to this article, or any contract required to be filed under this chapter, is confidential and...
- California Food and Agricultural Code Section 62301
Except as otherwise provided in Section 62303, the director may, if he deems such board necessary or advisable, appoint: (a) A local advisory board for...
- California Food and Agricultural Code Section 62302
Except as otherwise provided in Section 62303, the director shall appoint: (a) A local advisory board, if a majority of the producers individually, or through...
- California Food and Agricultural Code Section 62303
The director shall not establish any local or regional advisory board pursuant to this article if he finds that the assessments or fees which are...
- California Food and Agricultural Code Section 62304
If the director receives a qualified petition for a local advisory board, he may investigate the possibility of establishing a regional advisory board covering the...
- California Food and Agricultural Code Section 62305
A local advisory board established pursuant to this article shall consist of seven members who shall be producers that supply market milk to the particular...
- California Food and Agricultural Code Section 62306
The term of office of each member of a regional advisory board or a local advisory board shall be two years.
- California Food and Agricultural Code Section 62307
The director may remove any member from a local or a regional advisory board if he finds, after a hearing, that such member is guilty...
- California Food and Agricultural Code Section 62308
The director may appoint a member to fill any vacancy on a local or a regional advisory board.
- California Food and Agricultural Code Section 62309
Each regional advisory board and each local advisory board may meet in regular session each month, and each member shall be allowed twenty dollars ($20)...
- California Food and Agricultural Code Section 62310
Any regional or local advisory board may, with the previous approval of the director, employ such personnel as may be necessary in the performance of...
- California Food and Agricultural Code Section 62311
Regional and local advisory boards shall review with the director the methods which are to be used in determining producer costs, and aid the director...
- California Food and Agricultural Code Section 62312
For purposes of developing uniformity of administration as between marketing areas in which producer advisory boards have been appointed, the director shall call together representatives...
- California Food and Agricultural Code Section 62313
It is hereby declared, as a matter of legislative determination, that producers of market milk appointed to the regional advisory boards pursuant to this article...
- California Food and Agricultural Code Section 62401
The violation of any provision of this chapter, or of any provision of any stabilization and marketing plan, or of any regulation adopted under this...
- California Food and Agricultural Code Section 62402
Any person who violates this chapter, any provision of any stabilization and marketing plan, or any regulation adopted under this chapter, is liable civilly in...
- California Food and Agricultural Code Section 62403
The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter, any provision of any stabilization...
- California Food and Agricultural Code Section 62500
The production and distribution of milk, and the components thereof, is hereby declared to be a business affected with a public interest. This chapter is...
- California Food and Agricultural Code Section 62501
It is hereby declared that the dairy industry is a paramount agricultural industry of the state, and the normal processes of producing and marketing milk...
- California Food and Agricultural Code Section 62502
It is recognized by the Legislature that the powers conferred upon the director by Chapter 1 (commencing with Section 61301), Chapter 2 (commencing with Section...
- California Food and Agricultural Code Section 62503
This chapter shall be liberally construed. If any article, section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be...
- California Food and Agricultural Code Section 62504
Chapter 1 (commencing with Section 61301), Chapter 2 (commencing with Section 61801), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being...
- California Food and Agricultural Code Section 62505
This chapter does not preclude any producer from bringing any action against any handler in any court of competent jurisdiction.
- California Food and Agricultural Code Section 62506
In order to effectuate the purposes of this chapter, the Milk Producers Security Trust Fund is hereby created.
- California Food and Agricultural Code Section 62507
It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the Milk Producers Security Trust Fund Board are intended...
- California Food and Agricultural Code Section 62508
This chapter shall be known and may be cited as the Norman S. Waters-Ruben S. Ayala Milk Producers' Security Act of 1987.
- California Food and Agricultural Code Section 62520
Unless otherwise defined in this chapter, or the context otherwise requires, the definitions contained in Chapter 1 (commencing with Section 61301), Chapter 2 (commencing with...
- California Food and Agricultural Code Section 62521
For purposes of this chapter, the following terms mean: (a) (1) "Acceptable security" means a surety bond from an admitted insurer, deposits of government securities,...
- California Food and Agricultural Code Section 62540
The director shall appoint a Milk Producers Security Trust Fund Board consisting of seven members. The director shall appoint two members of the first board...
- California Food and Agricultural Code Section 62541
Each member of the board shall be paid one hundred dollars ($100) per day plus travel expenses, including expenses for lodging and meals, which are...
- California Food and Agricultural Code Section 62542
The board shall advise the director on the administration of the fund, including, but not limited to, the amount of the fund defaults under this...
- California Food and Agricultural Code Section 62543
The board may, by contract, with the approval of the director, engage the services of an accounting firm or other consultants or agencies which the...
- California Food and Agricultural Code Section 62560
(a) The security charges provided for in Section 62561 shall be collected until January 1, 2007. Unless otherwise permitted by this section, the secretary shall...
- California Food and Agricultural Code Section 62561
(a) The following security charges shall be in effect for any period for which the secretary has implemented collections under this chapter: (1) (A) One...
- California Food and Agricultural Code Section 62562
Any increase in classified prices due to Section 62561 shall be considered as part of the minimum prices required to be paid to producers under...
- California Food and Agricultural Code Section 62563
Any handler subject to any pooling plan in effect under Chapter 3 (commencing with Section 62700) shall continue to be obligated for the minimum prices...
- California Food and Agricultural Code Section 62564
Any handler receiving milk not subject to any pooling plan in effect pursuant to Chapter 3 (commencing with Section 62700) shall be obligated to remit...
- California Food and Agricultural Code Section 62564.5
Any producer-handler who has milk production that is exempt pursuant to Section 62708, 62708.1, 62708.5, or 62722 from the pooling plan in effect pursuant to...
- California Food and Agricultural Code Section 62565
Security charges may be collected by the director through direct payment or through pool accounting procedures established by the director pursuant to Chapter 3 (commencing...
- California Food and Agricultural Code Section 62566
The director may add a penalty of 10 percent to amounts which are not paid when due.
- California Food and Agricultural Code Section 62567
If any handler or producer-handler does not provide the information necessary to determine the amount due, when required, the director shall estimate the amount due...
- California Food and Agricultural Code Section 62568
The director may take all appropriate action against any person to recover any unpaid amounts. In any action, a declaration by the director which states...
- California Food and Agricultural Code Section 62569
Any money which is collected by the director pursuant to this chapter shall be deposited in a bank or other depository which is approved by...
- California Food and Agricultural Code Section 62570
All fund activities shall be subject to an audit at least once every two years by an auditing firm recommended by the board and selected...
- California Food and Agricultural Code Section 62571
Notwithstanding Section 13340 of the Government Code, any money which is collected by the director pursuant to this chapter is hereby continuously appropriated to the...
- California Food and Agricultural Code Section 62572
Any money which is deposited pursuant to Section 62569, which the director determines is available for investment, may be invested or reinvested by the Treasurer...
- California Food and Agricultural Code Section 62573
Any increment which is received from investment, reinvestment, or deposit of money pursuant to Section 62572 shall be deposited to the credit of the fund....
- California Food and Agricultural Code Section 62574
Immediately following the payment to the fund of the increment provided in Section 62573, if the secretary determines that there is a fund surplus, the...
- California Food and Agricultural Code Section 62580
Except as otherwise provided in this chapter, milk shipped by a producer to a handler which meets the following criteria shall be considered for coverage...
- California Food and Agricultural Code Section 62580.5
Any producer entity, including a nonprofit cooperative that severs a disqualifying beneficial-ownership interest in a handler to which it supplies bulk milk, shall not have...
- California Food and Agricultural Code Section 62581
Only shipments which occur during the first 35 days from the date of the earliest shipment for which a producer has not been paid are
- California Food and Agricultural Code Section 62582
If future shipments to a handler are not eligible for coverage under this chapter in the event of a default, the secretary shall notify all...
- California Food and Agricultural Code Section 62583
If, on the date of the notice issued pursuant to Section 62582, a producer has a contract with the handler which is on file with...
- California Food and Agricultural Code Section 62584
If, on the date of the notice issued pursuant to Section 62582, a producer does not have a contract with the handler which is on...
- California Food and Agricultural Code Section 62585
If the director issues a notice pursuant to Section 62582, the director may again qualify shipments to the handler if any of the following occur:...
- California Food and Agricultural Code Section 62586
The director shall periodically publish a list of all handlers to whom shipments are not eligible for coverage under the fund.
- California Food and Agricultural Code Section 62587
The director may waive any of the provisions of this article if, after consultation with the board, the director finds that a hardship would be...
- California Food and Agricultural Code Section 62600
Any producer who does not receive payment for milk sold or delivered to a handler in the manner required by Chapter 1 (commencing with Section...
- California Food and Agricultural Code Section 62601
The director shall, upon his or her own motion or upon information from a producer, producer representative, or any other person, promptly take whatever action...
- California Food and Agricultural Code Section 62602
The director may, but is not required to, investigate a payment default which occurred more than one year prior to the date the director received...
- California Food and Agricultural Code Section 62603
If the director determines that a payment default has occurred, the director shall notify the handler that it has one business day from receipt of...
- California Food and Agricultural Code Section 62604
When a payment default has occurred, which was not corrected within one business day after notification, the director shall issue a notice pursuant to Section...
- California Food and Agricultural Code Section 62584
If, on the date of the notice issued pursuant to Section 62582, a producer does not have a contract with the handler which is on...
- California Food and Agricultural Code Section 62585
If the director issues a notice pursuant to Section 62582, the director may again qualify shipments to the handler if any of the following occur:...
- California Food and Agricultural Code Section 62586
The director shall periodically publish a list of all handlers to whom shipments are not eligible for coverage under the fund.
- California Food and Agricultural Code Section 62587
The director may waive any of the provisions of this article if, after consultation with the board, the director finds that a hardship would be...
- California Food and Agricultural Code Section 62620
If the director determines that the fund is liable for any nonpayments to producers, the director shall provide to the producers, who have a contract...
- California Food and Agricultural Code Section 62621
If a verified claim form is not filed as required by Section 62620, the director and the fund are relieved of any further duty or...
- California Food and Agricultural Code Section 62622
Upon receipt of all verified claim forms from producers or the expiration of the time allowed to file claims, whichever occurs first, the director shall...
- California Food and Agricultural Code Section 62623
For purposes of this chapter, the amounts owed to the producers shall be calculated as follows: (a) Only shipments which occur during the first 35...
- California Food and Agricultural Code Section 62624
Two hundred thousand dollars ($200,000) shall be deducted from the total of the amount owed to all producers, as calculated in Section 62623, and the...
- California Food and Agricultural Code Section 62625
A prorated payment shall be made to all affected producers based on the amount payable pursuant to Section 62624 when there is not sufficient money...
- California Food and Agricultural Code Section 62640
If a handler defaults in payments to the pool equalization fund provided for in Chapter 3 (commencing with Section 62700) and the secretary determines that...
- California Food and Agricultural Code Section 62641
No payment shall be made from the Milk Producers Security Trust Fund to the pool equalization fund for unpaid amounts which were owed for milk...
- California Food and Agricultural Code Section 62622
Upon receipt of all verified claim forms from producers or the expiration of the time allowed to file claims, whichever occurs first, the director shall...
- California Food and Agricultural Code Section 62623
For purposes of this chapter, the amounts owed to the producers shall be calculated as follows: (a) Only shipments which occur during the first 35...
- California Food and Agricultural Code Section 62624
Two hundred thousand dollars ($200,000) shall be deducted from the total of the amount owed to all producers, as calculated in Section 62623, and the...
- California Food and Agricultural Code Section 62625
A prorated payment shall be made to all affected producers based on the amount payable pursuant to Section 62624 when there is not sufficient money...
- California Food and Agricultural Code Section 62660
The director may use money in the Department of Food and Agriculture Fund derived from assessments and fees collected pursuant to Chapter 1 (commencing with...
- California Food and Agricultural Code Section 62661
The director is the instrumentality of this state for the purpose of administering and enforcing this chapter and to execute the legislative intent expressed in...
- California Food and Agricultural Code Section 62662
The director may exercise any or all of the powers conferred by Chapter 2 (commencing with Section 11150) of Division 3 of Title 2 of...
- California Food and Agricultural Code Section 62663
For purposes of enforcing this chapter, the director may investigate any and all transactions between producers and handlers, between nonprofit cooperative associations and producers, and...
- California Food and Agricultural Code Section 62665
Any order of the director made pursuant to this chapter which substantially affects the rights of any directly affected party shall be subject to judicial...
- California Food and Agricultural Code Section 62666
Any producer who recovers from the fund shall subrogate to the director all rights of recovery against any person or organization, and the producer shall...
- California Food and Agricultural Code Section 62667
Any payments made to producers from the fund due to a handler's default shall accrue interest at the rate of 12 percent per annum from...
- California Food and Agricultural Code Section 62700
The production and distribution of fluid milk and fluid cream is hereby declared to be a business affected with a public interest. The provisions of...
- California Food and Agricultural Code Section 62701
It is hereby declared that fluid milk and fluid cream are necessary articles of food for human consumption; that the production and maintenance of an...
- California Food and Agricultural Code Section 62702
It is recognized by the Legislature that currently the powers conferred upon the director by Chapter 2 (commencing with Section 61801) are inadequate to enable...
- California Food and Agricultural Code Section 62702.1
It is recognized by the Legislature that the provisions for equalization of usages among producers and entry of new producers contained in the Gonsalves Milk...
- California Food and Agricultural Code Section 62703
In effectuating the purposes of this chapter, a production base and a pool quota shall be established for each producer pursuant to Section 62707. The...
- California Food and Agricultural Code Section 62704
The director is authorized to develop a proposed pooling plan and to designate the proposed areas in which the plan will be made effective. He...
- California Food and Agricultural Code Section 62705
After the director, with the advice and assistance of the formulation committee, has formulated the proposed plan, he shall hold one or more public hearings...
- California Food and Agricultural Code Section 62706
The pooling plan shall prescribe the pooling area to be covered by each pool. Any such pooling area shall mean and include a large sales...
- California Food and Agricultural Code Section 62707
The formulation committee shall make recommendations to the secretary for inclusion in the pooling plan, and the secretary shall include in the pooling plan, all...
- California Food and Agricultural Code Section 62707.1
(a) The director, on July 1, 1978, shall issue new pool quota sufficient to bring all holders of production base and pool quota as of...
- California Food and Agricultural Code Section 62707.2
A person eligible for, but not yet assigned, a production base or pool quota, or both, pursuant to Section 62707 shall not be eligible for...
- California Food and Agricultural Code Section 62707.5
If a portion of the pool quota of any producer is transferred, it shall carry with it the same quantity of production base, except that...
- California Food and Agricultural Code Section 62707.6
In addition to the quota provided for under paragraph (3) of subdivision (b) of Section 62707.1, any quota returned to the director after April 30,...
- California Food and Agricultural Code Section 62708
"Producer-handler" for purposes of this chapter is any person that is both a producer and a handler of fluid milk or fluid cream. For the...
- California Food and Agricultural Code Section 62708.1
Any producer-handler who qualified and elected an exemption under Section 62708 and continued eligibility for such exemption by complying with the requirements of that section...
- California Food and Agricultural Code Section 62708.5
(a) A producer-handler, for purposes of this chapter, shall also include, as a separate and distinct category of producer-handlers, any producer and any handler who...
- California Food and Agricultural Code Section 62710
The production base and the pool quota for milk shipped through a cooperative association shall belong to the individual producer but shall be assigned to...
- California Food and Agricultural Code Section 62711
(a) Except as provided in subdivision (h) of Section 62707, each producer shall be paid the highest usage for that amount of his or her...
- California Food and Agricultural Code Section 62712
(a) The secretary may require handlers, including cooperative associations acting as handlers, to make reports at any intervals and in any detail that he or...
- California Food and Agricultural Code Section 62714
After the director has established pools, each distributor shall report to the director the total receipts from the producers that are shipping to the distributor...
- California Food and Agricultural Code Section 62715
Any individual distributor purchasing milk from a producer shall continue to have the right to specify quality requirements that are more stringent than standards set...
- California Food and Agricultural Code Section 62716
Following the required hearing, the director shall submit the pooling plan to producers concerned for their approval or disapproval in a statewide referendum. The approval...
- California Food and Agricultural Code Section 62717
If the director finds that producers on a statewide basis have assented in writing to the proposed pooling plan submitted to them for assent, the...
- California Food and Agricultural Code Section 62718
The pools established shall be administered by the director. Each distributor shall deduct from moneys owed producers and pay to the director the amount necessary...
- California Food and Agricultural Code Section 62719
The director shall, from nominations submitted by producers, appoint a review board composed of no less than 12 members to advise him in the administration...
- California Food and Agricultural Code Section 62719.1
It is hereby declared, as a matter of legislative determination, that producers appointed to the review board pursuant to Section 62719 are intended to represent...
- California Food and Agricultural Code Section 62720
No pooling plan formulated pursuant to this chapter shall restrict the free movement of fluid milk and no pooling plan shall result in an unequal...
- California Food and Agricultural Code Section 62721
No pooling plan shall control the production of fluid milk except insofar as may otherwise be specifically authorized in this chapter.
- California Food and Agricultural Code Section 62722
Pooling plans shall not apply to the production of goats milk or producer-handlers who produce and sell less than 500 gallons of fluid milk used...
- California Food and Agricultural Code Section 62723
Unless otherwise defined in this chapter, the definitions contained in Chapter 2 (commencing with Section 61801) govern the construction of this chapter. For the purposes...
- California Food and Agricultural Code Section 62724
This chapter does not modify the provisions of Chapter 1 (commencing with Section 61301) nor Chapter 2 (commencing with Section 61801) of this part, except...
- California Food and Agricultural Code Section 62725
The director is authorized to use money in the Department of Food and Agriculture Fund derived from assessments and fees collected pursuant to Chapter 2...
- California Food and Agricultural Code Section 62726
The director is the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative...
- California Food and Agricultural Code Section 62727
It is the intent of the Legislature that the power conferred in this chapter shall be liberally construed. The provisions of this chapter or subsequent...
- California Food and Agricultural Code Section 62728
The director shall terminate any pooling plan in effect in any marketing area without notice or hearing at any time that there ceases to be...
- California Food and Agricultural Code Section 62729
The director or his assistants, deputies, agents, or other employees, are authorized to travel out-of-state in order to carry out the purposes of this chapter.
- California Food and Agricultural Code Section 62730
Any violation of any provision of this chapter, or any regulations adopted pursuant to this chapter, shall be punishable, and shall have the same effect,...
- California Food and Agricultural Code Section 62731
This chapter shall be known as the Gonsalves Milk Pooling Act.
- California Food and Agricultural Code Section 62750
Notwithstanding any provision of Chapter 3 (commencing with Section 62700) in conflict with this section or any pooling plan for market milk in effect under...
- California Food and Agricultural Code Section 62750.1
In calculating the pool value, the volume of milk that has been classified as restricted use market milk shall be credited to the handler at...
- California Food and Agricultural Code Section 62751
Except as provided in Section 62756, this chapter shall remain operative until the secretary certifies to the Secretary of State that producers have voted in...
- California Food and Agricultural Code Section 62752
The secretary may hold a public hearing at any time to consider whether this chapter shall be suspended, and shall hold a public hearing to...
- California Food and Agricultural Code Section 62753
The secretary shall establish a period of 60 days in which to conduct the referendum. The secretary may extend the referendum period an additional 30...
- California Food and Agricultural Code Section 62754
(a) Each producer shall have one vote and the vote shall be individually cast in order to prevent block voting. The secretary shall prepare a...
- California Food and Agricultural Code Section 62755
(a) The secretary shall find that producers have assented to the continued operation of this chapter if the secretary finds on a statewide basis that...
- California Food and Agricultural Code Section 62756
(a) If the continued operation of this chapter is not approved, the secretary shall continue in operation the pooling plan in effect on December 31,...
- California Food and Agricultural Code Section 62765
The Department of Food and Agriculture, after consulting with its dairy advisory committee, shall complete a study of various proposals affecting regulated milk pricing and...
- California Food and Agricultural Code Section 62801
Except as otherwise provided in Section 62803, or unless the parties agree otherwise, every contract for the sale of edible nuts shall be in writing...
- California Food and Agricultural Code Section 62802
Any purchaser of edible nuts which are delivered pursuant to a contract entered into on or after the effective date of the act amending this...
- California Food and Agricultural Code Section 62803
This article is not applicable to any contract between any member of any cooperative agricultural marketing association, which is operating under, and by virtue of,...
- California Food and Agricultural Code Section 62831
The commissioner of each county, under the supervision of the director, shall enforce this article insofar as it relates to the keeping of the records...
- California Food and Agricultural Code Section 62832
Every person that purchases English walnuts or almonds for purposes of processing or resale from any person, except a licensed dealer, broker, commission merchant, agricultural...
- California Food and Agricultural Code Section 62833
The record and statement required to be made by this article shall be kept for one year from the date of purchase or delivery, whichever...
- California Food and Agricultural Code Section 62834
Any violation of this article is a misdemeanor.
- California Food and Agricultural Code Section 63001
The commissioner of each county, under the supervision of the director, shall enforce this chapter insofar as it relates to the keeping of the records...
- California Food and Agricultural Code Section 63002
Every person who purchases or receives on consignment avocados for purposes of processing or sale from any person, except a grower, licensed dealer, broker, commission...
- California Food and Agricultural Code Section 63003
The record and statement required to be made by this chapter shall be kept for one year from the date of purchase or delivery, whichever...
- California Food and Agricultural Code Section 63004
Any violation of this chapter is a misdemeanor.
- California Food and Agricultural Code Section 63101
It is the declared policy of the state to eliminate fraud, misinformation, deception, and other unfair trade practices that have existed in the processing strawberry...
- California Food and Agricultural Code Section 63102
"Processing strawberries" means strawberries produced, in whole or in part, for the purpose of being ultimately processed into a use other than fresh consumption.
- California Food and Agricultural Code Section 63103
"Purchase price" means all price and price terms for processing strawberries, including any and all forms of compensation from processors to producers.
- California Food and Agricultural Code Section 63104
"Integrated producer-processor" means any producer who processes strawberries of his or her own production either as an individual, a business entity, or as a separate...
- California Food and Agricultural Code Section 63105
This chapter covers any marketing order issued pursuant to Chapter 1 (commencing with Section 58601) of Part 2 which exclusively affects processing strawberries.
- California Food and Agricultural Code Section 63121
Any marketing order affecting processing strawberries shall require that each time during a marketing season that a processor establishes or changes purchase prices for processing...
- California Food and Agricultural Code Section 63122
The director shall adopt a seasonal marketing regulation pursuant to Section 59171 for price filing and posting. The regulation shall not become effective prior to...
- California Food and Agricultural Code Section 63123
The director, with the assistance of the advisory board, shall establish administrative rules and regulations that provide for, but are not limited to, the specific...
- California Food and Agricultural Code Section 63123.5
Any contract which is not exempt pursuant to Section 63124, including, but not limited to, any contract which makes a reference to a posted price...
- California Food and Agricultural Code Section 63124
(a) The following are exempt from this chapter: (1) An integrated producer-processor. This exemption does not apply to the acquisition of strawberries for processing from...
- California Food and Agricultural Code Section 63125
The director shall actively supervise the requirements of this chapter and conduct an annual review of its provisions. The review may include an analysis of...
- California Food and Agricultural Code Section 63126
On or before the last day of each year in which a marketing order exclusively affecting processing strawberries is in effect, the director shall prepare...
- California Food and Agricultural Code Section 63127
The director shall suspend the requirements of this chapter if he or she determines as a result of the annual review and states in the...
- California Food and Agricultural Code Section 63128
This chapter does not apply to the acquisition of strawberries for processing by a processor from another processor.
- California Food and Agricultural Code Section 63129
The director shall amend any existing marketing order exclusively affecting processing strawberries in a manner necessary to conform to this chapter without the necessity of...
- California Food and Agricultural Code Section 63901
The Legislature hereby finds and declares that the agricultural and seafood industries are vitally important elements of the state's economy and are supported by state...
- California Food and Agricultural Code Section 63901.3
The Legislature further finds and declares that commission and council activities are essential to the goals and interests of the State of California that include,...
- California Food and Agricultural Code Section 63901.4
The Legislature further finds and declares that mandated cooperative efforts engaged in by the commissions and councils have proven to be effective methods to avoid...
- California Food and Agricultural Code Section 63902
In addition to any specific provisions regarding grievance procedures, and consistent with the nature of the commissions and councils established pursuant to Part 2 (commencing...
- California Food and Agricultural Code Section 63903
In addition to the authority granted to any commission by Part 2 (commencing with Section 64001), those commissions may commence or participate in administrative and...
- California Food and Agricultural Code Section 63904
The Legislature finds and declares that the councils and commissions operating pursuant to this division are duly constituted authorities of this state for purposes of...
- California Food and Agricultural Code Section 63905
(a) Any commission or council may petition the secretary to adopt and administer any activity authorized pursuant to the California Marketing Act of 1937 (Chapter...
- California Food and Agricultural Code Section 64001
This chapter shall be known as the Dairy Council of California Law.
- California Food and Agricultural Code Section 64002
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 64003
"Council" means the Dairy Council of California.
- California Food and Agricultural Code Section 64004
"Cream" means that portion of milk, rich in milk fat, which rises to the surface of milk on standing, or is separated from it by...
- California Food and Agricultural Code Section 64005
"Dairy products" includes milk and any derivative of milk which is in natural, processed, or manufactured form, or which constitutes a part of another article,...
- California Food and Agricultural Code Section 64006
"Fiscal year" means the period from July 1 in any one year to and including June 30th of the following year.
- California Food and Agricultural Code Section 64007
"Handler" means any person that, as owner, agent, or broker, purchases, or otherwise acquires from a producer, producer-handler, or another handler, possession or control of...
- California Food and Agricultural Code Section 64008
"Manufacturing milk" means milk which is included within that term as defined by Section 32509.
- California Food and Agricultural Code Section 64009
"Market milk" means milk which is included within that term as defined by Section 32510.
- California Food and Agricultural Code Section 64010
"Milk" means the lacteal secretion which is obtained from the udders of cows.
- California Food and Agricultural Code Section 64010.1
"Class 1 milk" means market milk, market skim milk, and market cream that is supplied to consumers or used for the purposes specified in Section
- California Food and Agricultural Code Section 64010.2
"All other usages" means usages other than class 1 for milk, including manufacturing grade milk received by handlers.
- California Food and Agricultural Code Section 64011
"Milk fat" means the fat of milk.
- California Food and Agricultural Code Section 64012
"Or" and "and," may be construed as interchangeable, as the context may require.
- California Food and Agricultural Code Section 64013
"Person" means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization.
- California Food and Agricultural Code Section 64014
"Processing" means separating, standardizing, pasteurizing, sterilizing, evaporating, condensing, canning, bottling, packaging, or otherwise preparing milk fat in milk, cream, or skim milk for market, or...
- California Food and Agricultural Code Section 64015
"Producer" means any person that produces milk fat and sells it, or delivers possession or control of it, to a handler, in the form of...
- California Food and Agricultural Code Section 64016
"Producer-handler" means any person that produces milk fat and uses such production, or any part of it, for processing. For the purposes of this chapter,...
- California Food and Agricultural Code Section 64017
"Skim milk" is milk from which a substantial part of the milk fat has been removed.
- California Food and Agricultural Code Section 64041
It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the police power...
- California Food and Agricultural Code Section 64042
The purposes of this chapter are as follows: (a) To enable the dairy industry with the aid of the state, to develop, maintain, and expand...
- California Food and Agricultural Code Section 64043
This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or...
- California Food and Agricultural Code Section 64071
The director shall administer and enforce this chapter, and may exercise any or all of the administrative powers which are conferred by Sections 11180 to...
- California Food and Agricultural Code Section 64072
The director shall, from records of the department or any other reliable source, maintain a list of producers, producer-handlers, and handlers.
- California Food and Agricultural Code Section 64073
The director may purchase general liability insurance for the council in an amount he or she determines as necessary. The cost of the insurance shall...
- California Food and Agricultural Code Section 64101
There is in the state government the Dairy Council of California which shall consist of not less than 24, nor more than 25 members. The...
- California Food and Agricultural Code Section 64103
Officials or members, otherwise qualified, of corporations, associations, and other business units, which are actually engaged in business as producers, producer representatives, handlers, or producer-handlers...
- California Food and Agricultural Code Section 64104
The terms of office of the members of the council shall be three years. Appointments shall be made so that the terms of eight members...
- California Food and Agricultural Code Section 64105
Any vacancy occurring during the unexpired term shall be filled by the director for the unexpired term from the list of eligible nominees from the...
- California Food and Agricultural Code Section 64106
During the month of October of each year, the director shall prepare and mail nomination forms to all producers, producer-handlers, and handlers for the purpose...
- California Food and Agricultural Code Section 64107
The director shall determine the time permitted to file nominations, which shall not exceed 30 days.
- California Food and Agricultural Code Section 64108
(a) Every producer may nominate a nominee for each membership on the council which is to be filled by a producer. (b) Every handler and...
- California Food and Agricultural Code Section 64109
Promptly after termination of the time which is allowed by the director for filing nominations, the director shall make the required number of appointments.
- California Food and Agricultural Code Section 64110
A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers.
- California Food and Agricultural Code Section 64111
The council shall select from its number, to serve at its pleasure, a chairman and vice chairman who together with at least three, and not...
- California Food and Agricultural Code Section 64112
The council shall have two regular meetings in each year at times and places fixed by the council. The times for regular meetings shall be...
- California Food and Agricultural Code Section 64114
The appointed members of the council shall receive one hundred dollars ($100) per day for each day spent in actual attendance at the meetings or...
- California Food and Agricultural Code Section 64115
No member of the council, except a member of the executive committee, shall receive compensation for more than 10 days' service per year. No member...
- California Food and Agricultural Code Section 64116
The members of the council who are duly appointed by the director, including employees of such council, shall not be held responsible individually in any...
- California Food and Agricultural Code Section 64117
The director may require any employee or agent of the council to give a fidelity bond which is executed by a surety company that is...
- California Food and Agricultural Code Section 64118
It is hereby declared, as a matter of legislative determination, that producers, handlers, and producer-handlers appointed to the council pursuant to this article are intended...
- California Food and Agricultural Code Section 64151
The duties of the council are advisory, except as to those duties which may be delegated to it by the director. The council may, subject...
- California Food and Agricultural Code Section 64153
Annually, prior to July 1 of each year, the council shall formulate and transmit to the director statements of its recommended activities and proposed budget...
- California Food and Agricultural Code Section 64154
If the activities and budgeted amounts which are recommended by the council and are described in the statements provided for in Section 64153 are warranted...
- California Food and Agricultural Code Section 64155
The council shall keep accurate books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditure, which shall at all times be...
- California Food and Agricultural Code Section 64157
The council shall request the director to submit to it an annual budget which sets forth in reasonable detail the proposed expenditures which he or...
- California Food and Agricultural Code Section 64158
The council shall, annually, report to the members of the dairy industry on the activities and programs, including, but not limited to, the income and...
- California Food and Agricultural Code Section 64181
The director shall conduct one or more campaigns of research, advertising, publicity, and education designed to accomplish the following purposes, among others: (a) Increase the...
- California Food and Agricultural Code Section 64182
In each fiscal year such amount of the money which is received under this chapter as is determined by the council shall be expended or...
- California Food and Agricultural Code Section 64183
No advertising or sales promotion program which is conducted or sponsored by the director shall make any false or unwarranted claim, or disparage the quality,...
- California Food and Agricultural Code Section 64221
Every handler and producer-handler shall keep complete and accurate records of all milk, skim milk, and cream in unprocessed form which the handler or producer-handler...
- California Food and Agricultural Code Section 64222
Such records shall be: (a) In such form and contain such information, relevant to the purposes of this chapter, as the director may, by order...
- California Food and Agricultural Code Section 64223
The director may, by order or regulation require every such handler and producer-handler to file with him returns which give the information, or any part...
- California Food and Agricultural Code Section 64282
The Dairy Council and the director shall prepare or revise the annual budget provided for by this chapter, for each fiscal year during which a...
- California Food and Agricultural Code Section 64291
A person shall not use the same name, or a name so similar as to mislead the public into believing it is the same name,...
- California Food and Agricultural Code Section 64292
Any violation of any provision of this chapter is a misdemeanor.
- California Food and Agricultural Code Section 64300
This article provides for a comprehensive and continuing plan for financing the operations of the council.
- California Food and Agricultural Code Section 64301
Annually, prior to the commencement of the fiscal year, the secretary shall, upon recommendation of the council, establish and announce the fees for milk used...
- California Food and Agricultural Code Section 64302
(a) Each producer and producer-handler shall pay fees established for each hundredweight of milk produced by him or her in the state and delivered to...
- California Food and Agricultural Code Section 64303
Each handler and producer-handler shall pay to the director the fees established for class 1 milk and for milk for all other usages on all...
- California Food and Agricultural Code Section 64304
The fees established and assessed as prescribed in this chapter shall be billed monthly to the handler and the producer-handler, and shall be paid to...
- California Food and Agricultural Code Section 64305
Fees established and assessed under this chapter may be collected by the director through direct payment or through pool accounting procedures established by the director...
- California Food and Agricultural Code Section 64306
To the amount of fees which are unpaid when due, the director may add a penalty of 10 percent.
- California Food and Agricultural Code Section 64307
The director, by action prosecuted by him or her, may recover any unpaid fees. In any action, a certificate of the director which shows the...
- California Food and Agricultural Code Section 64308
If any handler or producer-handler does not provide the information necessary to determine the amount of fees due, when required, the director shall estimate the...
- California Food and Agricultural Code Section 64308.5
(a) Fees paid on milk pursuant to this chapter shall be refunded to producers who meet the following criteria: (1) The producer shipped the milk...
- California Food and Agricultural Code Section 64309
(a) Any money that is collected by the director pursuant to this chapter shall be deposited in a bank or other depository which is approved...
- California Food and Agricultural Code Section 64310
Any money which is collected by the director pursuant to this chapter is hereby appropriated to the department to carry out the duties which are...
- California Food and Agricultural Code Section 64311
Any money which is deposited pursuant to Section 64309, which the director determines is available for investment, may be invested or reinvested by the Treasurer...
- California Food and Agricultural Code Section 64312
Any increment which is received from investment, reinvestment, or deposit of money pursuant to Section 64311 shall be deposited to the credit of the council....
- California Food and Agricultural Code Section 64313
This article shall become operative on January 1, 1983.
- California Food and Agricultural Code Section 64320
(a) Between July 1, 1983, and December 31, 1983, and in the same period each five years thereafter, the secretary shall, by the public hearing...
- California Food and Agricultural Code Section 64321
If the council program is submitted to a referendum, the secretary shall find that producers, handlers, and producer-handlers statewide have assented to the council program...
- California Food and Agricultural Code Section 64321.5
If the secretary finds that producers, handlers, and producer-handlers have not assented to the council program pursuant to Section 64321, the program may be resubmitted...
- California Food and Agricultural Code Section 64322
(a) If the council program has been submitted to referendum pursuant to procedures prescribed in Section 64321 and the secretary finds that producers, handlers, and...
- California Food and Agricultural Code Section 64501
This chapter shall be known as the "California Beef Council Law."
- California Food and Agricultural Code Section 64502
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 64503
"Beef" includes veal.
- California Food and Agricultural Code Section 64504
"Beef products" includes veal products.
- California Food and Agricultural Code Section 64505
"Council" means the California Beef Council.
- California Food and Agricultural Code Section 64506
"Person" means an individual, corporation, partnership, limited liability company, trust, association, cooperative association, and any other business unit or organization.
- California Food and Agricultural Code Section 64507
"Producer" means any person that is engaged in the business of raising, breeding, feeding, or growing cattle or calves for dairy production or for beef
- California Food and Agricultural Code Section 64531
It is hereby declared, as a matter of legislative determination, that the provisions of this chapter are enacted in the exercise of the power of...
- California Food and Agricultural Code Section 64532
The purposes of this chapter are as follows: (a) To enable the cattle industry, with the aid of the state, to develop, maintain, and expand...
- California Food and Agricultural Code Section 64533
This chapter shall be liberally construed. If any section, sentence, clause, or part of this chapter is, for any reason, held to be unconstitutional or...
- California Food and Agricultural Code Section 64534
Any violation of this chapter is a misdemeanor.
- California Food and Agricultural Code Section 64561
The director shall administer and enforce the provisions of this chapter, and may exercise any of the administrative powers which are conferred by Sections 11180...
- California Food and Agricultural Code Section 64562
Upon recommendations by the council the director may establish consistent with this chapter such regulations which cover the administration and enforcement of this chapter as...
- California Food and Agricultural Code Section 64563
Upon the issuance of any regulations which affect this chapter, a copy of the regulations shall be posted on a bulletin board which shall be...
- California Food and Agricultural Code Section 64564
The director may purchase general liability insurance for the council subject to the provisions of this chapter in an amount he or she determines as...
- California Food and Agricultural Code Section 64591
There is in the state government the California Beef Council which consists of 20 members and 20 alternates, all of whom shall be citizens and...
- California Food and Agricultural Code Section 64591.1
Notwithstanding other provisions of this article, the director shall, with or without nominations, appoint one member and one alternate member to the council to represent...
- California Food and Agricultural Code Section 64592
The terms of office of the members and alternates of the council shall be three years, except as provided in this section. The first appointments...
- California Food and Agricultural Code Section 64593
With or without recommendations or other nominations from the council or otherwise, during September and October of each year, the secretary may, if deemed appropriate...
- California Food and Agricultural Code Section 64595
Press releases or other notice of nomination procedures, when conducted by mail, shall indicate that nominations shall be mailed to the director at his office...
- California Food and Agricultural Code Section 64596
A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers.
- California Food and Agricultural Code Section 64598
The council shall select annually from its number, to serve at its pleasure, a chairman and vice chairman who, together with five other members selected...
- California Food and Agricultural Code Section 64599
The council shall have two regular meetings in each year at times and places which are fixed by the council. The times for regular meetings...
- California Food and Agricultural Code Section 64600
The members of the council shall be reimbursed for necessary traveling and other expenses incurred in the performance of their official duties.
- California Food and Agricultural Code Section 64601
No member of the council shall receive compensation.
- California Food and Agricultural Code Section 64602
The director may require any employee or agent of the council to give a fidelity bond, executed by a surety company which is authorized to...
- California Food and Agricultural Code Section 64603
No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council....
- California Food and Agricultural Code Section 64604
An alternate member of the council shall sit as a regular member of the council if the member for whom he is an alternate fails...
- California Food and Agricultural Code Section 64605
It is hereby declared, as a matter of legislative determination, that producers, packers, or processors appointed to the council pursuant to this article are intended...
- California Food and Agricultural Code Section 64631
The duties of the council shall be advisory, except as to those duties which may be delegated to it by the director. The council may,...
- California Food and Agricultural Code Section 64632
The council shall keep such books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures as it deems necessary. Such books,...
- California Food and Agricultural Code Section 64633
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...
- California Food and Agricultural Code Section 64634
None of the funds which are collected pursuant to this chapter shall be used for political contributions.
- California Food and Agricultural Code Section 64635
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...
- California Food and Agricultural Code Section 64661
The director shall conduct, or may cause the council to conduct, programs of education, research, or public information, which are designed to accomplish the following...
- California Food and Agricultural Code Section 64662
No program or activity which is conducted or sponsored pursuant to this chapter shall make false or unwarranted claims, or disparage the quality, value, use,...
- California Food and Agricultural Code Section 64663
The council shall not expend beef council funds for the advertising of brand name beef products, unless the expenditures are approved by a two-thirds vote...
- California Food and Agricultural Code Section 64671
Whenever a petition is presented to the director which has been signed by 2,000, or more, of the total producers in the state, not more...
- California Food and Agricultural Code Section 64672
The director shall count and tabulate the ballots received, and announce the results at the close of the referendum period. If the director finds from...
- California Food and Agricultural Code Section 64673
If the promotion and research program is declared to be voluntary, Section 64695 shall become operative and funds for the administration and enforcement of this...
- California Food and Agricultural Code Section 64674
If the director finds that the referendum did not receive the required votes in favor of a voluntary promotion and research program pursuant to Section...
- California Food and Agricultural Code Section 64675
If the voluntary promotion and research program does not receive the required favorable vote or if less than the required number of producers have voted,...
- California Food and Agricultural Code Section 64676
No referendum shall be conducted pursuant to this article until after the expiration of a period of two years from the effective date of this
- California Food and Agricultural Code Section 64691
(a) In order to carry out the programs and administer the activities which are conducted pursuant to this chapter, except as specified in Sections 64691.5...
- California Food and Agricultural Code Section 64691.1
Each person who is required to pay or collect the fees which are required in Section 64691 shall maintain a complete and accurate record of...
- California Food and Agricultural Code Section 64691.5
A fee greater than one dollar ($1) per head on cattle and calves prescribed by Section 64691 shall not be charged pursuant to that section...
- California Food and Agricultural Code Section 64691.7
The fees required pursuant to Section 64691 shall be due and payable as follows: (a) The fee for cattle or calves, whether originating in the...
- California Food and Agricultural Code Section 64693
(a) Any person who fails to pay, collect, or remit any fees due within the time specified in this chapter shall be liable for administrative...
- California Food and Agricultural Code Section 64693.5
At the request of the director, the Attorney General shall petition an appropriate court for the issuance of an injunction, restraining any person in violation...
- California Food and Agricultural Code Section 64694
The fees which are collected by the Bureau of Livestock Identification pursuant to this article shall be forwarded to the director at the same time...
- California Food and Agricultural Code Section 64695
Any person who is subject to the fee which is required by Section 64691 may obtain a refund of the fee collected from him by...
- California Food and Agricultural Code Section 64696
(a) All money that is collected by the director pursuant to this chapter shall be deposited in any bank, or other depository that is approved...
- California Food and Agricultural Code Section 64697
Money which is deposited pursuant to Section 64696 may be invested and reinvested by the Treasurer or the council in any of the securities described...
- California Food and Agricultural Code Section 64698
The director, after consultation with the council, shall prepare an annual budget which sets forth in reasonable detail the proposed expenditures which he deems necessary...
- California Food and Agricultural Code Section 64699
The director may receive funds in such amounts as he may deem necessary to defray the initial expenses in making effective this chapter. The director...
- California Food and Agricultural Code Section 64700
The director may accept contributions to advance the purposes of this chapter. If requested by the donor, such contributions shall be segregated and separately maintained...
- California Food and Agricultural Code Section 64701
Any inspector who is described in Section 20010 may accept voluntary contributions on behalf of the director. Such contributions may be supplementary to collections which...
- California Food and Agricultural Code Section 64702
The following shall apply to this chapter so long as the federal Beef Promotion and Research Act of 1985 (7 U.S.C. Sec. 2901 et seq.)...
- California Food and Agricultural Code Section 64731
The provisions of this chapter shall continue to be operative permanently except as provided in this article.
- California Food and Agricultural Code Section 64732
A referendum among the state's producers shall be conducted by the director in any of the following cases: (a) Whenever the director, on his own...
- California Food and Agricultural Code Section 64733
The ballot form shall be substantially as follows: BALLOT California Beef Council Law Termination of Council and Program Shall the existence of the California Beef...
- California Food and Agricultural Code Section 64734
If upon the count of the ballots the director finds that 30 percent, or more, of all producers established by the director's list have voted...
- California Food and Agricultural Code Section 64735
If upon a count of the ballots the director finds that less than 51 percent of the total number of producers voting have assented to...
- California Food and Agricultural Code Section 64736
On the expiration of this chapter pursuant to this article, the council shall remain in existence for the purpose of furnishing the director with a...
- California Food and Agricultural Code Section 65500
(a) Grapes produced in California for fresh human consumption comprise one of the major agricultural crops of California, and the production and marketing of such...
- California Food and Agricultural Code Section 65501
Notwithstanding other laws to the contrary, in the event a commodity or marketing agreement or marketing order under the jurisdiction of the United States Department...
- California Food and Agricultural Code Section 65502
This chapter shall be known as the Ketchum Act.
- California Food and Agricultural Code Section 65520
As used in this chapter, the words in the following sections have the following meanings set forth hereafter unless otherwise apparent from the context.
- California Food and Agricultural Code Section 65521
"Cartwright Act" means the act set forth in Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code.
- California Food and Agricultural Code Section 65522
"Unfair Practices Act" means the act set forth in Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code.
- California Food and Agricultural Code Section 65523
"Fresh grapes" also designated "table grapes" means any and all varieties of grapes produced in the State of California shipped for fresh human consumption, but...
- California Food and Agricultural Code Section 65524
"Producer" means any person engaged within this state in the business of producing or causing to be produced for market "fresh grapes."
- California Food and Agricultural Code Section 65525
"Shipper" means any person engaged within this state in shipping fresh grapes, whether as owner, agent, or otherwise.
- California Food and Agricultural Code Section 65526
"Processor" and derivatives therefrom, means every person and every plant within this state to whom or to which grapes are delivered for the purpose of...
- California Food and Agricultural Code Section 65527
"Person" means any individual, firm, corporation, association, or any other business unit, and shall, for purposes of this chapter, include any state agency which engages...
- California Food and Agricultural Code Section 65528
"Director" means the Director of Agriculture.
- California Food and Agricultural Code Section 65529
"Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification or removal of trade...
- California Food and Agricultural Code Section 65531
"Commission" means the California Table Grape Commission.
- California Food and Agricultural Code Section 65532
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 65533
"Districts" shall consist of: District 1. (Southern California) (Coachella Valley-Borrego) Includes all that area of California south of a line described as beginning at the...
- California Food and Agricultural Code Section 65550
There is hereby created the California Table Grape Commission to be thus known and designated. The commission shall be composed of 21 fresh grape producers...
- California Food and Agricultural Code Section 65551
The California Table Grape Commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be...
- California Food and Agricultural Code Section 65552
The commission may appoint a manager, a treasurer and a secretary. The compensation of each officer shall be fixed by the commission and they shall...
- California Food and Agricultural Code Section 65553
The members of the commission shall be natural persons, each of whom shall be a citizen and resident of this state over the age of...
- California Food and Agricultural Code Section 65554
Each of the seven districts shall be represented by three members.
- California Food and Agricultural Code Section 65555
The regular term of office of the members of the commission shall be three years from the date of appointment and until their successors are...
- California Food and Agricultural Code Section 65556
Each member for each district shall be elected by a plurality of votes cast by producers in the district. Each producer who has grown fresh...
- California Food and Agricultural Code Section 65558
A nonprofit cooperative marketing association may vote by proxy for any member, if so authorized in writing. Such proxy shall be revocable at will.
- California Food and Agricultural Code Section 65559
Immediately after the effective date of this chapter, the director shall establish a list of producers in each district. Such list of producers may be...
- California Food and Agricultural Code Section 65559.5
The commission or the director in preparing a list of producers to be used under this chapter, may omit from such list any person who...
- California Food and Agricultural Code Section 65560
In addition, the director may obtain lists of producers whenever and in such manner as he may deem necessary or advisable, for the purpose of...
- California Food and Agricultural Code Section 65561
Any producer producing fresh grapes, whose name does not appear upon the director's list of producers affected, may have his name established thereon by filing...
- California Food and Agricultural Code Section 65562
Upon establishment of such lists of producers, the Director of Agriculture shall call meetings of producers in each district, for the purpose of nominating persons...
- California Food and Agricultural Code Section 65563
Upon expiration of the voting period the director shall tabulate all votes and shall announce the names of those persons nominated for appointment as members...
- California Food and Agricultural Code Section 65564
Nonreceipt of notice of a meeting for the nomination of commissioners or of ballots shall not invalidate any such meeting, nomination or election.
- California Food and Agricultural Code Section 65565
Subsequent to the first election after the effective date of this chapter, the commission shall compile and maintain a list of qualified producers and shall,...
- California Food and Agricultural Code Section 65566
Subsequent to the first election after the effective date of this chapter, persons to be appointed to the office of commissioner by the Director of...
- California Food and Agricultural Code Section 65567
In the event the office of a commissioner becomes vacant due to failure to qualify, resignation, disqualification, death or for any other reason, such position...
- California Food and Agricultural Code Section 65568
A majority of the members of the commission at any meeting shall constitute a quorum for the transaction of all business and the carrying out...
- California Food and Agricultural Code Section 65569
No commissioner shall receive a salary. Each commissioner shall receive the sum of twenty-five dollars ($25) per day for each day spent in actual attendance...
- California Food and Agricultural Code Section 65570
All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be paid...
- California Food and Agricultural Code Section 65571
The State of California shall not be liable for the acts of the commission or its contracts. Payment of all claims arising by reason of...
- California Food and Agricultural Code Section 65572
The powers and duties of the commission shall include the following: (a) To elect a chairman, and from time to time such other officers as...
- California Food and Agricultural Code Section 65573
The provisions of this chapter except Sections 65550, 65551, 65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not become operative until the commission finds,...
- California Food and Agricultural Code Section 65574
The commission shall appoint a shipper advisory committee of five members appointed from shippers at large to advise the commission on the exercise of its...
- California Food and Agricultural Code Section 65575
Members of the shipper advisory committee shall not receive a salary. Each member of the shipper advisory committee shall receive the sum of twenty-five dollars...
- California Food and Agricultural Code Section 65575.1
Not later than April 1 of 1979, and each third year thereafter, the commission shall submit to the director the names of three or more...
- California Food and Agricultural Code Section 65575.2
The public member of the commission shall represent the interests of the general public in all matters coming before the commission and shall have the...
- California Food and Agricultural Code Section 65576
It is hereby declared, as a matter of legislative determination, that producers or employees of producers appointed to the commission pursuant to this article are...
- California Food and Agricultural Code Section 65600
There is hereby levied and imposed upon all fresh grapes shipped during each marketing season an assessment as fixed by the commission at that amount...
- California Food and Agricultural Code Section 65601
Every shipper shall keep a complete and accurate record of all fresh grapes shipped by him and the producer thereof. Such records shall be in...
- California Food and Agricultural Code Section 65602
Every shipper shall, at such times as the commission may by rule or regulation require, file with the commission a return, under oath, on forms...
- California Food and Agricultural Code Section 65603
All information obtained by the commission from shippers shall be confidential and shall not be disclosed except when required in a judicial proceeding.
- California Food and Agricultural Code Section 65604
All assessments imposed by this chapter shall be due and payable and shall be paid to the commission by each shipper. The commission shall, by...
- California Food and Agricultural Code Section 65605
All such assessments shall be paid to the commission by the shipper first shipping such fresh grapes. Every shipper is authorized to collect such assessments...
- California Food and Agricultural Code Section 65650
The commission may, if it believes a violation of this chapter or any rule or regulation has occurred, or in the event of nonpayment of...
- California Food and Agricultural Code Section 65650.5
Any person aggrieved by any action of the commission may appeal to the director. The director shall review the record of the proceedings before the...
- California Food and Agricultural Code Section 65651
Any person subject to this chapter and allegedly aggrieved hereby or by any rule, or order of the commission shall comply with and exhaust the...
- California Food and Agricultural Code Section 65652
Any such action may be commenced either in the county in which the defendant or any of the defendants reside or in which any act...
- California Food and Agricultural Code Section 65653
It shall be a misdemeanor for: (a) Any person to violate or aid in the violation of any provision of this chapter or any rule...
- California Food and Agricultural Code Section 65654
Agents of the commission, upon specific written authorization signed by the chairman or secretary of the commission, shall have the right to inspect the premises,...
- California Food and Agricultural Code Section 65660
Upon the finding of 11 of the members of the commission that the operation of the provisions of this chapter has not tended to effectuate...
- California Food and Agricultural Code Section 65661
At the close of the referendum period established, the director shall tabulate the ballots filed during said period. If at least 40 percent of the...
- California Food and Agricultural Code Section 65662
Upon and after the effective date of suspension of the operation of the provisions of this chapter and of the commission, as herein provided, the...
- California Food and Agricultural Code Section 65663
Upon suspension of the operation of this chapter and of the commission, as aforesaid, a notice thereof shall be posted on a public bulletin board...
- California Food and Agricultural Code Section 65670
Nothing in this chapter contained shall apply to any order, rule or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce...
- California Food and Agricultural Code Section 65671
In any civil or criminal action or proceeding for violation of the Cartwright Act (Section 16700, Business and Professions Code, and following), the Unfair Practices...
- California Food and Agricultural Code Section 65673
The commission shall reimburse to the Director of Agriculture all expenses incurred by him in the supervision of elections.
- California Food and Agricultural Code Section 65674
This chapter shall be liberally construed. If any section, clause or part of this chapter is for any reason held to be unconstitutional or invalid...
- California Food and Agricultural Code Section 65675
Between January 1 and March 31 of each fifth calendar year commencing with the year 1972, the director shall cause a referendum to be conducted...
- California Food and Agricultural Code Section 66501
The inability of lettuce shippers to maintain or expand present markets for iceberg lettuce results in an unreasonable and unnecessary economic waste and accompanying loss...
- California Food and Agricultural Code Section 66502
These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is, therefore, in the public interest to...
- California Food and Agricultural Code Section 66503
The promotional, educational, economic and marketing research, and any similar activities authorized by this chapter will serve to expand existing markets and create new markets...
- California Food and Agricultural Code Section 66504
It is hereby declared to be the policy of this state to aid in preventing economic waste in the marketing of iceberg lettuce, to develop...
- California Food and Agricultural Code Section 66505
The production and marketing of fresh California iceberg lettuce for human consumption is declared to be affected with a public interest. The provisions of this...
- California Food and Agricultural Code Section 66506
Notwithstanding any other laws to the contrary, in the event a commodity or marketing agreement or marketing order under the jurisdiction of the United States...
- California Food and Agricultural Code Section 66507
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, and marketing research.
- California Food and Agricultural Code Section 66521
As used in this chapter, the following words have the following meaning set forth hereafter unless otherwise apparent from the context.
- California Food and Agricultural Code Section 66522
"Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade...
- California Food and Agricultural Code Section 66523
"Books and records" means any book, record, account, contract, document, memorandum, paper, correspondence, or other written datum reflecting operations under this chapter.
- California Food and Agricultural Code Section 66524
"Cartwright Act" means the act set forth in Chapter 2 (commencing with Section 16700), Part 2, Division 7 of the Business and Professions Code.
- California Food and Agricultural Code Section 66525
"Cause to be produced" means the proprietary functions of initiating and supervising iceberg lettuce production.
- California Food and Agricultural Code Section 66526
"Commission" means the California Iceberg Lettuce Commission.
- California Food and Agricultural Code Section 66527
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 66528
"Districts" consist of: District 1. (Blythe area) Riverside and San Bernardino Counties. District 2. (Imperial Valley area) Imperial County. District 3. (Oxnard-Santa Maria area) Los...
- California Food and Agricultural Code Section 66529
"Director" means the Director of Food and Agriculture.
- California Food and Agricultural Code Section 66530
"Fiscal year," means the period beginning April 1 of any year and extending through March 31 of the following year.
- California Food and Agricultural Code Section 66531
"Grower" means any person engaged within this state in the business of producing or causing to be produced iceberg lettuce.
- California Food and Agricultural Code Section 66532
"Grower-handler" means any person who is engaged within the state in the business of producing or causing to be produced, through contractual agreements or other...
- California Food and Agricultural Code Section 66533
"Grower-shipper" has the same meaning as grower-handler.
- California Food and Agricultural Code Section 66534
"Handle" means to perform any of the functions of a handler.
- California Food and Agricultural Code Section 66535
"Handler," unless otherwise specified, has the same meaning as grower-handler as defined in Section 66532 and secondary handler as defined in Section 66542.5. "Handler" also...
- California Food and Agricultural Code Section 66536
"Iceberg lettuce" for purposes of this chapter means varieties of lettuce produced in California of the types which are distinguished as "crisphead" in that certain...
- California Food and Agricultural Code Section 66537
"Market" or "marketing" means to sell, ship, or otherwise distribute iceberg lettuce in the commercial channels of trade in a manner consistent with this chapter.
- California Food and Agricultural Code Section 66538
"Marketing season" has the same meaning as fiscal year.
- California Food and Agricultural Code Section 66539
"Prepare for market" means to perform all functions of harvesting and preparing iceberg lettuce for market or marketing.
- California Food and Agricultural Code Section 66540
"Person" means any individual, firm, corporation, association, or other business unit, and shall include, for purposes of this chapter, any state agency which engages in...
- California Food and Agricultural Code Section 66541
"Producer" has the same meaning as grower.
- California Food and Agricultural Code Section 66542
"Public representative" means a member of the commission appointed to represent the public generally pursuant to subdivision (c) of Section 66564.
- California Food and Agricultural Code Section 66542.5
"Secondary handler" means any person who purchases from a grower or grower-handler iceberg lettuce for the purpose of coring, shredding, or processing such iceberg lettuce...
- California Food and Agricultural Code Section 66543
"Standard box" means standard containers for iceberg lettuce as such containers are defined in the California Administrative Code.
- California Food and Agricultural Code Section 66544
"Standard carton" has the same meaning as standard box.
- California Food and Agricultural Code Section 66545
"Standard container" has the same meaning as standard box.
- California Food and Agricultural Code Section 66546
"Unfair Practices Act" means the act set forth in Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code.
- California Food and Agricultural Code Section 66561
There is hereby created the California Iceberg Lettuce Commission to be thus known and designated. The commission is composed of 19 members, of which 14...
- California Food and Agricultural Code Section 66561.3
The director may require the commission to correct or cease any activity or function which is determined by the director not to be in the...
- California Food and Agricultural Code Section 66561.4
Either party may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or...
- California Food and Agricultural Code Section 66561.5
The public member is appointed to the commission by the director from nominees recommended by the commission.
- California Food and Agricultural Code Section 66562
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 66563
The commission may appoint a president, a treasurer, a secretary, and any other necessary personnel to carry out this chapter. The compensation of each officer...
- California Food and Agricultural Code Section 66564
Except as provided in Section 66561, each member of the commission is required to be a citizen and a resident of this state. Additionally: (a)...
- California Food and Agricultural Code Section 66565
Each of the five districts is represented by the following number of handlers: (a) District 1 has one member. (b) District 2 has three members....
- California Food and Agricultural Code Section 66566
The regular term of office for handler members of the commission is three years, commencing April 1 of any year in which they are appointed,...
- California Food and Agricultural Code Section 66567
Members-at-large and the public representative shall serve 3-year terms.
- California Food and Agricultural Code Section 66568
Each handler member for each district shall be elected by a plurality of votes cast by handlers in the district. Each handler who has handled...
- California Food and Agricultural Code Section 66569
Each member-at-large and the public member are persons nominated for appointment by the handler members of the commission and appointed by the director. Any nomination...
- California Food and Agricultural Code Section 66571
Immediately after January 1, 1978, the director shall establish a list of handlers in each district. Such list of handlers may be established from lists...
- California Food and Agricultural Code Section 66572
The commission or the director, in preparing a list of handlers to be used pursuant to this chapter, may omit from the list any person...
- California Food and Agricultural Code Section 66573
Lists of handlers may be obtained whenever and in the manner that the director deems necessary or advisable, including for the purpose of checking, comparing,...
- California Food and Agricultural Code Section 66574
Any handler, whose name does not appear on the director's list of handlers, but who is otherwise qualified to participate in the commission activities, may...
- California Food and Agricultural Code Section 66575
Upon establishment of lists of handlers, the director shall call meetings of handlers in each district for the purpose of nominating persons to be appointed...
- California Food and Agricultural Code Section 66576
Upon expiration of the voting period the director shall tabulate all votes and shall announce the names of those persons nominated for appointment as handler...
- California Food and Agricultural Code Section 66577
Nonreceipt of notice of a meeting for the nomination of commissioners or of ballots shall not invalidate any such meeting, nomination, or election.
- California Food and Agricultural Code Section 66578
The commission shall compile and maintain a list of qualified handlers.
- California Food and Agricultural Code Section 66579
Subsequent to the first election after January 1, 1978, persons to be appointed to the office of commissioner by the director shall be selected pursuant...
- California Food and Agricultural Code Section 66580
If the position of a handler member becomes vacant due to failure to qualify, resignation, disqualification, death, or for any other reason, the position shall...
- California Food and Agricultural Code Section 66581
(a) Except as provided in subdivision (b), nine members of the commission, of which at least eight are handler members, constitute a quorum at any...
- California Food and Agricultural Code Section 66581.5
The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
- California Food and Agricultural Code Section 66582
No commissioner shall receive a salary. Each commissioner shall be entitled to receive the sum of thirty-five dollars ($35) per day for each day spent...
- California Food and Agricultural Code Section 66583
All moneys received by the commission or its designated agents from the assessments levied under the authority of this chapter or otherwise received by the...
- California Food and Agricultural Code Section 66584
The State of California shall not be liable for the acts of the commission or its contracts. Payment of all claims arising by reason of...
- California Food and Agricultural Code Section 66585
The powers and duties of the commission include, but are not limited to, all of the following: (a) To elect a chairman and, from time...
- California Food and Agricultural Code Section 66601
The provisions of this chapter, except as necessary to conduct the vote, shall not become operative until the director finds in a referendum conducted by...
- California Food and Agricultural Code Section 66602
The director shall establish a period in which to conduct such vote which shall not be less than 30 days nor more than 90 days...
- California Food and Agricultural Code Section 66603
Nonreceipt of a ballot shall not invalidate such vote.
- California Food and Agricultural Code Section 66604
If the director finds that a favorable vote has been given as provided in Section 66601, he shall so certify and announce to the commission...
- California Food and Agricultural Code Section 66605
If the director finds that a favorable vote has not been given under Section 66601, he or she shall so certify to the commission and...
- California Food and Agricultural Code Section 66621
(a) There is hereby levied and imposed upon all iceberg lettuce harvested and marketed in each fiscal year, an assessment to be paid by the...
- California Food and Agricultural Code Section 66622
Every handler shall keep a complete and accurate record of all iceberg lettuce handled by him and the producer thereof. Such records should be in...
- California Food and Agricultural Code Section 66623
Every handler shall, at such times as the commission may by rule or regulation require, file with the commission a report, under oath, on forms...
- California Food and Agricultural Code Section 66624
Any information obtained by the commission from handlers shall be confidential and shall not be disclosed except when required in a judicial proceeding.
- California Food and Agricultural Code Section 66625
Assessments provided for in this article are levied upon the handler first marketing the iceberg lettuce being assessed. The handler is a trustee of the...
- California Food and Agricultural Code Section 66626
Every handler is primarily and personally liable for the payment of an assessment. Any handler who fails to file a return or pay any assessment...
- California Food and Agricultural Code Section 66641
The commission may, if it finds a violation of this chapter or any rule or regulation has occurred, or in the event of nonpayment of...
- California Food and Agricultural Code Section 66642
Any person aggrieved by any action of the commission may appeal to the director. The director shall review the record of the proceedings before the...
- California Food and Agricultural Code Section 66643
Any person subject to this chapter and aggrieved by any provision of this chapter or by any rule or order of the commission shall comply...
- California Food and Agricultural Code Section 66644
Any proceeding by the commission to enforce this chapter or by a handler applying for relief from rules, orders, or regulations of the commission may...
- California Food and Agricultural Code Section 66645
It shall be a misdemeanor to do any of the following: (a) For any person to violate or aid in the violation of this chapter...
- California Food and Agricultural Code Section 66646
The commission shall have the right to inspect the premises, books, records, documents, and all other instruments of any carrier, railroad, truck, boat, grower, shipper,...
- California Food and Agricultural Code Section 66661
Upon the finding of nine of the members of the commission that the operation of this chapter has not tended to effectuate its declared purposes,...
- California Food and Agricultural Code Section 66662
At the close of the voting period established, the director shall tabulate the ballots filed during such period. If at least 65 percent of the...
- California Food and Agricultural Code Section 66663
After the effective date of suspension of the operation of the provisions of this chapter and of the commission, as provided in Section 66662, the...
- California Food and Agricultural Code Section 66664
Upon suspension of the operation of this chapter and of the commission, as provided in Sections 66662 and 66663, a notice thereof shall be posted...
- California Food and Agricultural Code Section 66681
Nothing in this chapter shall apply to any order, rule, or regulation issued or issuable by the Public Utilities Commission or the Interstate Commerce Commission...
- California Food and Agricultural Code Section 66682
In any civil or criminal action or proceeding for violation of the so-called Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of...
- California Food and Agricultural Code Section 66683
The commission shall reimburse to the director all expenses incurred by the director in carrying out his duties and responsibilities under this chapter, except for...
- California Food and Agricultural Code Section 66684
This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid...
- California Food and Agricultural Code Section 66701
Between January 1 and March 31 of each fifth calendar year commencing with the year 1982, the director shall cause a vote to be conducted...
- California Food and Agricultural Code Section 67001
Avocados produced in this state constitute one of the state' s principal tree fruit crops. The avocado industry in this state is expanding. The industry...
- California Food and Agricultural Code Section 67002
As an exotic tropical fruit, the avocado is not heavily consumed in major portions of this country. Opportunity exists for continued growth and expansion of...
- California Food and Agricultural Code Section 67003
The establishment of a commission is imperative for the efficient development and management of a national and international advertising program which will ensure that the...
- California Food and Agricultural Code Section 67004
The production and marketing of avocados produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are...
- California Food and Agricultural Code Section 67005
The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of avocados the opportunity to avail...
- California Food and Agricultural Code Section 67006
No action taken by the commission, or by any person in accordance with this chapter or with rules or regulations adopted under this chapter, is...
- California Food and Agricultural Code Section 67021
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 67022
"Avocado" means any variety of avocado produced in the state, including any avocado delivered to a processor for processing into any avocado product.
- California Food and Agricultural Code Section 67023
"Books and records" mean books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the...
- California Food and Agricultural Code Section 67025
"Commission" means the California Avocado Commission.
- California Food and Agricultural Code Section 67028
(a) (1) "Handler" means any person who engages, in this state, in the operation of selling, marketing, or distributing avocados which he or she has...
- California Food and Agricultural Code Section 67030
"Handle" means to engage in the business of a handler.
- California Food and Agricultural Code Section 67034
"Marketing research" means any research relating to the sale or inventory of avocados.
- California Food and Agricultural Code Section 67035
"Marketing season" or "fiscal year" means the period beginning November 1 of any year and extending through the last day of October of the following
- California Food and Agricultural Code Section 67036.5
"Person" means an individual, partnership, corporation, limited liability company, or other business entity.
- California Food and Agricultural Code Section 67037
"Processor" means any person engaged, within this state, in any of the activities with respect to avocados as set forth in Section 58619.
- California Food and Agricultural Code Section 67038
"Process" means to engage in the business of a processor.
- California Food and Agricultural Code Section 67039
"Producer" or "grower" means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market.
- California Food and Agricultural Code Section 67040
"Production research" means any research related to the production of avocados other than marketing research.
- California Food and Agricultural Code Section 67040.5
"Secretary" means the Secretary of the Department of Food and Agriculture.
- California Food and Agricultural Code Section 67041
The commission shall establish five districts within the state, each representing approximately 20 percent of the avocado production in California.
- California Food and Agricultural Code Section 67042
Beginning in the 2000-01 marketing season, districts shall be reapportioned every fifth year in accordance with the following procedures: (a) The commission shall determine the...
- California Food and Agricultural Code Section 67043
Not later than 90 days after the close of the crop year as determined by the commission, handlers shall supply the information needed to carry...
- California Food and Agricultural Code Section 67044
In the event that the commission is required to redistrict under Section 67042 and is unable to agree upon district boundaries by a two-thirds vote,...
- California Food and Agricultural Code Section 67051
There is in the state government the California Avocado Commission. The commission shall be composed of 10 avocado producers who are not handlers, two elected...
- California Food and Agricultural Code Section 67051.1
Notwithstanding Section 67051, any handler that handles 30 percent or more of the volume of avocados in the preceding marketing season, as annually determined by...
- California Food and Agricultural Code Section 67051.5
The secretary may require the commission to correct or cease any activity or function which is determined by the secretary not to be in the...
- California Food and Agricultural Code Section 67051.6
Either the commission or the secretary may bring an action for judicial relief in a court of competent jurisdiction, which may issue a temporary restraining...
- California Food and Agricultural Code Section 67052
Each member on the commission, except the ex officio member, shall have an alternate member, to be elected in the same manner as the member....
- California Food and Agricultural Code Section 67053
Any vacancy of a member position on the commission occurring for any reason including the failure of any member to continue in his or her...
- California Food and Agricultural Code Section 67054
(a) Producer members and their alternates on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In...
- California Food and Agricultural Code Section 67055
The term of office of all members and alternates, except the ex officio member, shall be for two years from the date of their election...
- California Food and Agricultural Code Section 67056
The commission shall be and is hereby declared and created a corporate body. It has the power to sue and be sued, to contract and...
- California Food and Agricultural Code Section 67057
The commission may appoint its own officers, including a chairman, one or more vice chairmen, and such other officers as it deems necessary. The officers...
- California Food and Agricultural Code Section 67058
The commission shall have the power to appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out...
- California Food and Agricultural Code Section 67059
Unless otherwise specified, a quorum of the commission shall be any 11 voting members. The vote of a majority of members present at a meeting...
- California Food and Agricultural Code Section 67059.5
The secretary or his or her representatives shall be notified and may attend each meeting of the commission.
- California Food and Agricultural Code Section 67060
No commission member or alternate or member of a committee who is a nonmember of the commission shall receive a salary. Each commission member and...
- California Food and Agricultural Code Section 67061
All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited...
- California Food and Agricultural Code Section 67062
The state is not liable for the acts of the commission or its contracts, except for state-directed supervision of the avocado inspection program, as specified...
- California Food and Agricultural Code Section 67081
The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit...
- California Food and Agricultural Code Section 67082
Subsequent to the first election of members under this chapter, persons to be elected to the commission shall be selected pursuant to nomination and election...
- California Food and Agricultural Code Section 67091
The powers and duties of the commission include, but are not limited to, all of the following: (a) Adopt and, from time to time, alter,...
- California Food and Agricultural Code Section 67094
(a) To prevent unfair trade practices which are detrimental to California's avocado industry, including, but not limited to, deception and misinformation, the commission shall collect...
- California Food and Agricultural Code Section 67095
In order to avoid excessive administrative charges which adversely impact avocado producers, handlers, and consumers, the commission may decide, not later than February 1 of...
- California Food and Agricultural Code Section 67101
The commission shall, not later than November 1 of each year, establish the assessment for the following marketing season beginning November 1st and ending October...
- California Food and Agricultural Code Section 67102
This chapter does not apply to producers who produce avocados on a noncommercial basis for the producer's home use or where the avocado trees are...
- California Food and Agricultural Code Section 67103
Handlers shall keep a complete and accurate record of all avocados shipped by him or her and the name of the producer whose avocados were...
- California Food and Agricultural Code Section 67104
All the proprietary information obtained by the commission or the secretary from handlers, including, but not limited to, the names and addresses of producers, is...
- California Food and Agricultural Code Section 67105
All assessments shall be paid to the commission by the handler first handling avocados who shall be primarily and personally liable for the payment of...
- California Food and Agricultural Code Section 67107
The commission shall reimburse the secretary for all expenditures incurred by the secretary carrying out his or her duties and responsibilities under this chapter, except...
- California Food and Agricultural Code Section 67111
It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five thousand dollars ($5,000),...
- California Food and Agricultural Code Section 67112
The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission or before...
- California Food and Agricultural Code Section 67112.5
(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and...
- California Food and Agricultural Code Section 67113
It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under...
- California Food and Agricultural Code Section 67114
This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid...
- California Food and Agricultural Code Section 67121
This chapter, except as necessary to conduct such vote, shall not become operative until the secretary finds, in a referendum conducted by the secretary in...
- California Food and Agricultural Code Section 67122
The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days...
- California Food and Agricultural Code Section 67123
Nonreceipt of a ballot shall not invalidate the referendum.
- California Food and Agricultural Code Section 67124
If the secretary finds that a favorable vote has been given as provided in Section 67122, he or she shall certify and give notice of...
- California Food and Agricultural Code Section 67125
If the secretary finds that assent has not been given as provided in Section 67121, he or she shall so certify and declare all provisions...
- California Food and Agricultural Code Section 67126
Prior to holding the referendum, sureties shall post a bond or security, acceptable to the secretary, in an amount which the secretary shall determine to...
- California Food and Agricultural Code Section 67131
Between November 1, 1980, and October 31, 1981, and every fifth year thereafter, the secretary shall cause a referendum to be conducted by the commission...
- California Food and Agricultural Code Section 67132
Upon the finding of 11 of the members of the commission that this chapter has not tended to effectuate its declared purposes, the commission may...
- California Food and Agricultural Code Section 67133
After the effective date of suspension of this chapter and of the commission, the operations of the commission shall be wound up, and any asset...
- California Food and Agricultural Code Section 67134
Upon suspension of this chapter and the commission, a notice shall be posted on a public bulletin board to be maintained by the secretary in...
- California Food and Agricultural Code Section 67140
The commission may recommend to the secretary the adoption of avocado quality standards or engage in any other activity authorized pursuant to the California Marketing...
- California Food and Agricultural Code Section 67141
Any standards or activities adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the...
- California Food and Agricultural Code Section 67142
Any standards or activities recommended by the commission and concurred in by the secretary, shall not be operative until approved in the manner specified in...
- California Food and Agricultural Code Section 67143
The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.
- California Food and Agricultural Code Section 68001
The kiwifruit industry in this state is expanding and can constitute one of California's principal fruit crops. The industry can provide an important source of...
- California Food and Agricultural Code Section 68002
As an exotic subtropical fruit, the kiwifruit is not heavily consumed in this country or abroad. Opportunity exists for continued growth and expansion of the...
- California Food and Agricultural Code Section 68003
The establishment of a California Kiwifruit Commission is necessary for the efficient development and management of a national and international advertising program and essential to...
- California Food and Agricultural Code Section 68004
The production and marketing of kiwifruit produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are...
- California Food and Agricultural Code Section 68005
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research.
- California Food and Agricultural Code Section 68006
No action taken by the commission, nor by any individual in accordance with this chapter or with rules or regulations adopted under the chapter, shall...
- California Food and Agricultural Code Section 68021
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 68022
"Kiwifruit" means any variety of kiwifruit ("Kiwi," "Chinese Gooseberry," or species Actinidia deliciosa) produced in the state, including any kiwifruit delivered to a processor for...
- California Food and Agricultural Code Section 68023
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the...
- California Food and Agricultural Code Section 68025
"Commission" means the California Kiwifruit Commission.
- California Food and Agricultural Code Section 68026
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 68027
"Distribute" means to engage in the business of a distributor.
- California Food and Agricultural Code Section 68028
"Distributor" means any person who engages in the operation of selling, marketing, or distributing kiwifruit which he has produced or purchased or acquired from a...
- California Food and Agricultural Code Section 68029
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 68030
"Districts" shall consist of the following: (a) District 1 consists of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Mendocino, Glenn, Butte, and Plumas...
- California Food and Agricultural Code Section 68031
"Ex officio member" shall be a nonvoting member of the commission.
- California Food and Agricultural Code Section 68032
"Handle" means to engage in the business of a handler as defined in Section 68033.
- California Food and Agricultural Code Section 68033
"Handler" means any person engaged, within this state, as a distributor in the business of distributing kiwifruit or any person engaged as a processor in...
- California Food and Agricultural Code Section 68034
"Independent handler" means a handler who primarily handles fruit for an independent producer or grower.
- California Food and Agricultural Code Section 68034.5
"Cooperative handler" means a handler who primarily handles fruit for a cooperative producer or grower.
- California Food and Agricultural Code Section 68036
"Marketing research" means any research relating to the sale of kiwifruit.
- California Food and Agricultural Code Section 68037
"Marketing season" or "fiscal year" means the period beginning October 1 of any year and extending through September 30 of the following year.
- California Food and Agricultural Code Section 68038
"Nonprofit cooperative association" or "cooperative" means any corporation which is organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20.
- California Food and Agricultural Code Section 68039
"Processor" means any person engaged, within this state, in the operation of canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other manner changing...
- California Food and Agricultural Code Section 68040
"Process" means to engage in the business of a processor.
- California Food and Agricultural Code Section 68041
"Producer" or "grower," means any person who is engaged, within this state, in the business of producing, or causing to be produced for market, kiwifruit,...
- California Food and Agricultural Code Section 68042
"Production research" means any research related to the production, harvest, and post harvest handling of kiwifruit, other than marketing research.
- California Food and Agricultural Code Section 68043
"Sale" means the point at which the producer transfers title to the kiwifruit in exchange for financial compensation or other valuable consideration. A sale may...
- California Food and Agricultural Code Section 68044
"Tray" means a receptacle used in the packaging or handling of kiwifruit.
- California Food and Agricultural Code Section 68051
There is in the state government the California Kiwifruit Commission, a state agency operating under authority of this chapter. The commission shall be composed of...
- California Food and Agricultural Code Section 68052
The secretary may require the commission to correct or cease any existing or proposed activity or function that is determined by the secretary to be...
- California Food and Agricultural Code Section 68053
The commission or secretary may bring an action for judicial relief from the secretary's written notice, or from noncompliance by the commission with the written...
- California Food and Agricultural Code Section 68054
The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this chapter....
- California Food and Agricultural Code Section 68054.5
Each member of the commission, except the ex officio members, has an alternate member, who is elected in the same manner as the member. An...
- California Food and Agricultural Code Section 68055
Any vacancy on the commission including, but not limited to, the failure of any person elected to the commission as a member or alternate member...
- California Food and Agricultural Code Section 68056
Any producer member or his alternate on the commission shall be an individual or an employee representing a producer who has a financial interest in...
- California Food and Agricultural Code Section 68057
The term of office of all commissioners, except any ex officio member, shall be for two years from the date of their election and until...
- California Food and Agricultural Code Section 68058
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 68061
A quorum of the commission shall be any seven voting commissioners. Except as provided in Sections 68030 and 68132, the vote of a majority of...
- California Food and Agricultural Code Section 68062
The secretary or the secretary's representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission. However,...
- California Food and Agricultural Code Section 68062.5
When the secretary is required to concur in a decision of the commission, the secretary shall indicate his or her response to the commission within...
- California Food and Agricultural Code Section 68063
No commissioner or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each commissioner, except...
- California Food and Agricultural Code Section 68064
All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited...
- California Food and Agricultural Code Section 68065
The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 68081
The powers and duties of the commission, subject to Sections 68052 and 68053, include, but are not limited to, all of the following: (a) To...
- California Food and Agricultural Code Section 68082
(a) In order to prevent unfair trade practices, which are detrimental to California's kiwifruit industry, including, but not limited to, deception and misinformation, the commission...
- California Food and Agricultural Code Section 68091
The secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing this list, the secretary shall require that...
- California Food and Agricultural Code Section 68092
This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum conducted by the...
- California Food and Agricultural Code Section 68093
The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days...
- California Food and Agricultural Code Section 68094
Nonreceipt of a ballot shall not invalidate such a referendum.
- California Food and Agricultural Code Section 68095
If the secretary finds that a favorable vote has been given as provided in Section 68092, the secretary shall certify and give notice of the...
- California Food and Agricultural Code Section 68096
If the secretary finds that a favorable vote has not been given as provided in Section 68092, the secretary shall so certify and declare all...
- California Food and Agricultural Code Section 68097
Upon certification of the commission, the secretary shall call meetings of producers in each district for the purpose of nominating and electing persons for appointment...
- California Food and Agricultural Code Section 68098
Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and...
- California Food and Agricultural Code Section 68099
Prior to the referendum vote conducted by the secretary pursuant to Section 68092, the proponents of the commission shall deposit with the secretary the amount...
- California Food and Agricultural Code Section 68101
(a) The commission shall, not later than October 1 of each year, establish the assessment for the marketing year beginning October 1 and ending September...
- California Food and Agricultural Code Section 68101.5
Assessments shall be based on the total income or other valuable consideration received from the sale of kiwifruit, in whole or in part, by every...
- California Food and Agricultural Code Section 68102
The provisions of this chapter do not apply to kiwifruit produced only for the producer's home use or where the kiwifruit are used only for...
- California Food and Agricultural Code Section 68103
Every handler shall keep a complete and accurate record of all kiwifruit shipped by him and the name of the producer whose kiwifruit were shipped....
- California Food and Agricultural Code Section 68104
All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when required by...
- California Food and Agricultural Code Section 68105
Assessments provided for in this article shall be upon the producer. The handler first handling the kiwifruit being assessed shall deduct such assessments from amounts...
- California Food and Agricultural Code Section 68106
Every handler shall be personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer...
- California Food and Agricultural Code Section 68107
(a) Any assessment that is levied as provided for in this chapter is a personal debt of every producer so assessed. However, no producer shall...
- California Food and Agricultural Code Section 68108
Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the...
- California Food and Agricultural Code Section 68111
It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars...
- California Food and Agricultural Code Section 68112
The commission shall adopt procedures for the purpose of addressing any claims relating to this chapter made against the commission or any of its individual...
- California Food and Agricultural Code Section 68113
The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for...
- California Food and Agricultural Code Section 68114
It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under...
- California Food and Agricultural Code Section 68115
This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid...
- California Food and Agricultural Code Section 68131
Between October 1, 1984, and September 30, 1985, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section...
- California Food and Agricultural Code Section 68132
Following a favorable referendum conducted prior to September 30, 1985, a referendum shall be conducted by the commission every fifth year thereafter between October 1st...
- California Food and Agricultural Code Section 68133
Upon the finding of a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the...
- California Food and Agricultural Code Section 68134
After the effective date of suspension of the operation of the provisions of this chapter and of the commission, the operations of the commission shall...
- California Food and Agricultural Code Section 68135
Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all...
- California Food and Agricultural Code Section 68140
All moneys remaining held by the commission after the repeal of this chapter shall be disposed of in accordance with Section 68134.
- California Food and Agricultural Code Section 68141
The commission may recommend to the secretary the adoption of kiwifruit quality standards or engage in any other activity authorized pursuant to the California Marketing...
- California Food and Agricultural Code Section 68142
Any standards or activities recommended by the commission shall not become operative until approved in the manner specified in Section 68092.
- California Food and Agricultural Code Section 68143
Any standards or activities adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the...
- California Food and Agricultural Code Section 68144
The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.
- California Food and Agricultural Code Section 69001
The pistachio industry in this state is expanding and has the potential to constitute one of California's principal nut crops. The industry can provide an...
- California Food and Agricultural Code Section 69002
As an exotic nut crop developed in the Mideast, the pistachio is not heavily consumed in this country or abroad. Opportunity exists for continued growth...
- California Food and Agricultural Code Section 69003
The establishment of a California Pistachio Commission is necessary for the efficient development and management of a national and international advertising and promotion program, and...
- California Food and Agricultural Code Section 69004
The production and marketing of pistachios produced in this state is hereby declared to be affected with a public interest. The provisions of this chapter...
- California Food and Agricultural Code Section 69005
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research.
- California Food and Agricultural Code Section 69006
No action taken by the commission, nor by any individual in accordance with this chapter or with rules and regulations adopted under the chapter, shall...
- California Food and Agricultural Code Section 69007
This chapter shall be liberally construed. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid,...
- California Food and Agricultural Code Section 69011
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 69012
"Pistachio" means any variety of pistachio produced in the state, including any pistachios delivered to a processor for processing into any pistachio product.
- California Food and Agricultural Code Section 69013
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the...
- California Food and Agricultural Code Section 69014
"Commission" means the California Pistachio Commission.
- California Food and Agricultural Code Section 69015
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 69016
"Distribute" means to engage in the business of a distributor.
- California Food and Agricultural Code Section 69018
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 69019
"Districts" shall consist of the following: (a) District 1 consists of Tulare, Kern, San Bernardino, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, Riverside,...
- California Food and Agricultural Code Section 69020
"Ex officio member" shall be a nonvoting member of the commission.
- California Food and Agricultural Code Section 69022
"Processor" and "first handler" are synonymous and mean any person engaged, within this state, in the operation of hulling and drying pistachios that he or...
- California Food and Agricultural Code Section 69023
"Marketing research" means any research relating to the sale of pistachios.
- California Food and Agricultural Code Section 69024
"Marketing season" or "fiscal year" means the period beginning September 1 of any year and extending through the last day of August of the following
- California Food and Agricultural Code Section 69025
"Process" means to engage in the business of a processor.
- California Food and Agricultural Code Section 69027
"Producer" or "grower" means any person who is engaged within this state in the business of producing, or causing to be produced for market, pistachios,...
- California Food and Agricultural Code Section 69028
"Production research" means any research relating to the production of pistachios.
- California Food and Agricultural Code Section 69029
"Producer-supplier" means any producer who engages in the operation of selling, marketing, or distributing pistachios that he or she has produced, or has purchased or...
- California Food and Agricultural Code Section 69030
When the secretary is required to concur in a decision of the commission, the secretary shall indicate his or her response to the commission within...
- California Food and Agricultural Code Section 69031
There is in the state government the California Pistachio Commission. The commission shall be composed of eight pistachio producers and one public member. Producers within...
- California Food and Agricultural Code Section 69032
The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in...
- California Food and Agricultural Code Section 69033
The commission or the secretary may bring an action for judicial relief from the secretary's written notice, or from noncompliance by the commission with the...
- California Food and Agricultural Code Section 69033.5
The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities under this chapter....
- California Food and Agricultural Code Section 69034
Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member....
- California Food and Agricultural Code Section 69035
Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in...
- California Food and Agricultural Code Section 69036
A producer member or his alternate on the commission shall be an individual, partner, or employee of a producer who has a financial interest in...
- California Food and Agricultural Code Section 69037
The public member or his alternate on the commission, shall have all the powers, rights, and privileges of any other member on the commission. The...
- California Food and Agricultural Code Section 69038
The term of office of all commissioners, except any ex officio member, shall be two years from the date of their election and until their...
- California Food and Agricultural Code Section 69039
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 69040
A quorum of the commission shall be any five voting commissioners. Except as provided in Sections 69019 and 69102, the vote of a majority of...
- California Food and Agricultural Code Section 69041
The secretary or the secretary's representatives shall be notified and may attend each meeting of the commission, and any committee meeting of the commission.
- California Food and Agricultural Code Section 69042
No commissioner or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each commissioner, except...
- California Food and Agricultural Code Section 69043
All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited...
- California Food and Agricultural Code Section 69044
The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of...
- California Food and Agricultural Code Section 69045
All proprietary information obtained by the commission or the secretary from producers, processors, or producer-suppliers shall be confidential and shall not be disclosed except when...
- California Food and Agricultural Code Section 69051
The powers and duties of the commission, subject to Sections 69032 and 69033, include, but are not limited to, all of the following: (a) To...
- California Food and Agricultural Code Section 69061
Within 90 days after January 1, 1981, the secretary shall establish a list of producers eligible to vote on implementation of this chapter. In establishing...
- California Food and Agricultural Code Section 69062
This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum conducted by the...
- California Food and Agricultural Code Section 69063
The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days...
- California Food and Agricultural Code Section 69064
Nonreceipt of a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 69065
If the secretary finds that a favorable vote has been given as provided in Section 69062, the secretary shall certify and give notice of the...
- California Food and Agricultural Code Section 69066
If the secretary finds that a favorable vote has not been given as provided in Section 69062, the secretary shall so certify and declare this...
- California Food and Agricultural Code Section 69067
Upon certification of the commission, the secretary shall call meetings of producers in each district for the purpose of nominating and electing persons for appointment...
- California Food and Agricultural Code Section 69068
To be eligible for election to the commission, producer nominees shall present to the secretary a nomination petition with the signatures of at least six...
- California Food and Agricultural Code Section 69068.5
To be eligible to sign a nomination petition pursuant to Section 69068, a person shall meet either of the following qualifications: (a) Be a producer...
- California Food and Agricultural Code Section 69069
Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to nomination and election...
- California Food and Agricultural Code Section 69070
Prior to the referendum vote conducted by the secretary pursuant to Section 69062, the proponents of the commission shall deposit with the secretary the amount...
- California Food and Agricultural Code Section 69081
The commission, not later than October 1 of each year, shall establish the assessment for the marketing season that begins September 1 and continues through...
- California Food and Agricultural Code Section 69082
The provisions of this chapter do not apply to pistachios produced only for the producer's home use or where the pistachios are used only for...
- California Food and Agricultural Code Section 69083
Every processor shall keep a complete and accurate record of all pistachios processed by him with the name of the producer whose pistachios were processed....
- California Food and Agricultural Code Section 69085
Assessments shall be upon the producer. The first handler of pistachios being assessed shall deduct the assessment from amounts paid by him or her to...
- California Food and Agricultural Code Section 69086
Every processor shall be personally liable for the payment of the collected assessments, and failure of the processor to collect the assessment from any producer...
- California Food and Agricultural Code Section 69087
Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a processor to...
- California Food and Agricultural Code Section 69088
(a) Any producer or processor who fails to file a return or pay any assessment within the time required by the commission shall pay to...
- California Food and Agricultural Code Section 69091
It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding five hundred dollars ($500),...
- California Food and Agricultural Code Section 69092
The commission shall adopt procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before...
- California Food and Agricultural Code Section 69093
The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for...
- California Food and Agricultural Code Section 69101
Between September 1, 1985, and August 31, 1986, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section...
- California Food and Agricultural Code Section 69102
Following a favorable referendum conducted prior to August 31, 1986, a referendum shall be conducted by the commission every fifth year thereafter between October 1st...
- California Food and Agricultural Code Section 69103
Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the...
- California Food and Agricultural Code Section 69104
After the effective date of suspension of the operation of the provisions of this chapter and of the commission, the operations of the commission shall...
- California Food and Agricultural Code Section 69105
Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all...
- California Food and Agricultural Code Section 69111
The commission may recommend to the secretary that he or she adopt pistachio quality standards, product labeling, or engage in any other activity authorized pursuant...
- California Food and Agricultural Code Section 69112
Any activity recommended by the commission shall not become operative until approved in the manner specified in Section 69062.
- California Food and Agricultural Code Section 69113
Any activity adopted pursuant to this article shall be implemented by the secretary at the beginning of the marketing season next succeeding the date on...
- California Food and Agricultural Code Section 69114
The commission shall serve as the advisory body to the secretary on all matters pertaining to this article.
- California Food and Agricultural Code Section 70000
The director may enter into an agreement with one or more organizations representing growers and manufacturers of cling peaches whereby research will be conducted by...
- California Food and Agricultural Code Section 70001
State funds shall be available for expenditure for the purposes of this chapter upon appropriation therefor by the Budget Act or other statute.
- California Food and Agricultural Code Section 71000
The production, milling and marketing of rice constitutes an important industry of this state that provides substantial and necessary revenues for the state and employment...
- California Food and Agricultural Code Section 71001
The maintenance of the rice industry of California is necessary to assure the public of a continuous supply of this vital product and the maintenance...
- California Food and Agricultural Code Section 71002
The production and milling of rice in California has the potential to be one of the leading segments of the state's agricultural industry. To realize...
- California Food and Agricultural Code Section 71003
The establishment of the commission is necessary for the efficient development and management of a national and international advertising and promotion program that will enhance...
- California Food and Agricultural Code Section 71004
The successes that the rice industry of California has enjoyed have come in part through a commitment to industry funded research that has led to...
- California Food and Agricultural Code Section 71005
The production and milling of rice in this state is hereby declared to be affected with a public interest. This chapter is enacted in the...
- California Food and Agricultural Code Section 71006
No action taken by the commission, or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a...
- California Food and Agricultural Code Section 71007
This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the...
- California Food and Agricultural Code Section 71008
It is hereby declared as a matter of legislative determination that commission members and alternates are intended to represent and further the interest of a...
- California Food and Agricultural Code Section 71009
Opportunity exists for continued growth and expansion of the rice industry by creating new markets. The success of such an expansion program is uniquely dependent...
- California Food and Agricultural Code Section 71010
The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production and milling of rice the opportunity...
- California Food and Agricultural Code Section 71020
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 71021
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 71022
"Commission" means the California Rice Commission.
- California Food and Agricultural Code Section 71023
(a) "Districts" consist of the following: (1) District 1 consists of Butte County. (2) District 2 consists of Colusa County. (3) District 3 consists of...
- California Food and Agricultural Code Section 71024
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 71025
"Handle" means to engage in the business of being a handler. It does not include the drying of rice.
- California Food and Agricultural Code Section 71026
"Handler" means any person who is engaged in this state in the business of marketing rice who handles 100,000 hundredweight or more of rough or...
- California Food and Agricultural Code Section 71027
"Hundredweight" or "Cwt." are synonymous and mean 100 pounds avoirdupois, excluding tare.
- California Food and Agricultural Code Section 71028
"Market" or "marketing" means to sell rice to a person other than a handler.
- California Food and Agricultural Code Section 71029
"Marketing research" means any research relating to the sale of rice.
- California Food and Agricultural Code Section 71030
"Marketing season" or "fiscal year" are synonymous terms and mean the period beginning September 1 of any year and extending through the last day of...
- California Food and Agricultural Code Section 71031
"Person" means any individual, partnership, limited liability partnership, corporation, limited liability company, firm, company, or other entity doing business in California.
- California Food and Agricultural Code Section 71032
"Producer" means any person who produces, or causes to be produced, rice.
- California Food and Agricultural Code Section 71033
"Production research" means any research relating to the production, harvest, and postharvest handling of rice.
- California Food and Agricultural Code Section 71034
"Public member" means the person appointed by the commission pursuant to Section 71050. The public member and his or her alternate shall not have any...
- California Food and Agricultural Code Section 71035
"Rice" means all rough or "paddy" rice or milled rice (Oryza sativa L.) from any source handled within the state of California, including mochi rice...
- California Food and Agricultural Code Section 71036
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 71037
"Sell" means to transfer or cause the transfer of title to rice for valuable consideration.
- California Food and Agricultural Code Section 71050
(a) There is in the state government the California Rice Commission. The commission is composed of equal numbers of handler members and producer members as...
- California Food and Agricultural Code Section 71051
(a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be...
- California Food and Agricultural Code Section 71052
When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within...
- California Food and Agricultural Code Section 71053
The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this...
- California Food and Agricultural Code Section 71054
Except for ex officio members, an alternate for each member shall be appointed in the same manner as the member. An alternate shall, in the...
- California Food and Agricultural Code Section 71055
Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate to continue in his...
- California Food and Agricultural Code Section 71056
Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in...
- California Food and Agricultural Code Section 71057
Any producer member and his or her alternate on the commission shall be an individual producer or an employee or representative of a producer who...
- California Food and Agricultural Code Section 71058
Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of a handler who...
- California Food and Agricultural Code Section 71059
Except as otherwise provided in this section, the public member and his or her alternate member on the commission shall have all the powers, rights,...
- California Food and Agricultural Code Section 71060
Producer members shall serve three-year terms and until their successors are qualified, except, that of the first producer members of the commission one-third shall serve...
- California Food and Agricultural Code Section 71061
The commission shall be, and is hereby declared and created, a corporate body. It may sue and be sued regarding any matter related to the...
- California Food and Agricultural Code Section 71062
A majority of the membership of the commission appointed or elected shall constitute a quorum of the commission. The vote of a majority of the...
- California Food and Agricultural Code Section 71063
The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meetings of the commission....
- California Food and Agricultural Code Section 71064
No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive...
- California Food and Agricultural Code Section 71065
All funds received by any person from the assessments levied under this chapter or otherwise received by the commission shall be deposited in banks that...
- California Food and Agricultural Code Section 71066
The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of...
- California Food and Agricultural Code Section 71070
The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
- California Food and Agricultural Code Section 71071
The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, and orders in accordance...
- California Food and Agricultural Code Section 71072
The commission may administer and enforce this chapter and do and perform all acts and exercise all powers incidental to, or in connection with, or...
- California Food and Agricultural Code Section 71073
The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers have...
- California Food and Agricultural Code Section 71074
(a) The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and...
- California Food and Agricultural Code Section 71075
The commission may fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 71076
The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- California Food and Agricultural Code Section 71077
The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, develop, own, and control the use of...
- California Food and Agricultural Code Section 71078
The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing...
- California Food and Agricultural Code Section 71079
The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the rice industry.
- California Food and Agricultural Code Section 71080
The commission may promote the sale of rice by advertising and any other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding...
- California Food and Agricultural Code Section 71081
The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling rice, and conduct consumer surveys...
- California Food and Agricultural Code Section 71082
The commission may conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or...
- California Food and Agricultural Code Section 71083
The commission may contract to receive and render services in formulating and conducting plans and programs and enter into other contracts or agreements that the...
- California Food and Agricultural Code Section 71084
The commission may accept contributions of, or match private, state, or federal funds, and employ or make contributions of funds to other persons or state...
- California Food and Agricultural Code Section 71085
The commission may collect information, including, but not limited to, industry crop statistics, and publish and distribute without charge, a bulletin or other communication to...
- California Food and Agricultural Code Section 71086
The commission shall establish an assessment rate to defray operating costs of the commission.
- California Food and Agricultural Code Section 71087
The commission shall establish an annual budget according to generally accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement...
- California Food and Agricultural Code Section 71088
The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
- California Food and Agricultural Code Section 71089
(a) The commission and the secretary shall keep confidential and shall not disclose, except when required by court order after a hearing in a judicial...
- California Food and Agricultural Code Section 71090
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations...
- California Food and Agricultural Code Section 71091
The commission may appoint any person to serve as an ex officio member.
- California Food and Agricultural Code Section 71100
(a) Within 15 days of a request from any handler or producer, the secretary shall establish a list of handlers and producers eligible to vote...
- California Food and Agricultural Code Section 71101
This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds the following in a referendum vote...
- California Food and Agricultural Code Section 71102
The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days...
- California Food and Agricultural Code Section 71103
Nonreceipt of a ballot by an eligible handler or producer shall not invalidate a referendum.
- California Food and Agricultural Code Section 71104
If the secretary finds that a favorable vote has been given as provided in Section 71101, the secretary shall certify and give notice of the...
- California Food and Agricultural Code Section 71105
If the secretary finds that a favorable vote has not been given as provided in Section 71101, the secretary shall certify and declare all provisions...
- California Food and Agricultural Code Section 71106
Upon certification of the commission, the secretary shall terminate, effective at the end of the marketing season then current, consistent with the terms of the...
- California Food and Agricultural Code Section 71107
(a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the...
- California Food and Agricultural Code Section 71120
(a) The commission shall establish the assessment for the marketing season not later than September 1 of each year or as soon thereafter as is...
- California Food and Agricultural Code Section 71121
(a) This chapter does not apply to handlers of less than 100,000 hundredweight in any marketing season or to rice produced only for a producer's...
- California Food and Agricultural Code Section 71122
Any person requesting an exemption from this chapter shall file an affidavit with the commission attesting that he or she is not a handler, as...
- California Food and Agricultural Code Section 71123
Every person who handles rice in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of rice...
- California Food and Agricultural Code Section 71124
(a) All proprietary information obtained or developed pursuant to this article by the commission or the secretary from any source, including, but not limited to,...
- California Food and Agricultural Code Section 71125
Any assessment that is levied as provided for in this chapter is a personal debt of every person assessed.
- California Food and Agricultural Code Section 71126
(a) Only the first handler of rice is subject to the handler assessment and shall deduct the producer assessment from amounts paid by him or...
- California Food and Agricultural Code Section 71127
When the handler or producer is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included,...
- California Food and Agricultural Code Section 71128
Any person who fails to file a return or pay any assessment within the time required by the commission shall pay to the commission a...
- California Food and Agricultural Code Section 71129
In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this...
- California Food and Agricultural Code Section 71130
It is a violation of state law for any person to do any of the following: (a) Willfully render or furnish a false report, statement,...
- California Food and Agricultural Code Section 71131
The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission or before...
- California Food and Agricultural Code Section 71132
(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and...
- California Food and Agricultural Code Section 71133
Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged...
- California Food and Agricultural Code Section 71134
The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in...
- California Food and Agricultural Code Section 71135
(a) Every five years, commencing with the fifth marketing season following the certification pursuant to Section 71104, the secretary shall conduct a referendum among handlers...
- California Food and Agricultural Code Section 71136
(a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate...
- California Food and Agricultural Code Section 71137
After the effective date of suspension of this chapter, the operation of the commission shall be concluded and all moneys held by the commission not...
- California Food and Agricultural Code Section 71138
Upon suspension of the operation of this chapter, the commission shall mail a copy of the notice of suspension to all eligible persons affected by...
- California Food and Agricultural Code Section 72001
The wheat industry in this state is expanding rapidly. It provides over three hundred fifty million dollars ($350,000,000) in farm income annually, increased by almost...
- California Food and Agricultural Code Section 72002
Opportunity exists for continued expansion, particularly if the industry can develop better varieties more suited to the California climate and the needs of the marketplace....
- California Food and Agricultural Code Section 72003
The establishment of a California Wheat Commission is necessary for the efficient development and management of an international sales promotion program, and is essential to...
- California Food and Agricultural Code Section 72004
A commission is also necessary to conduct research into the development of varieties more suitable to the export trade, as well as more productive under...
- California Food and Agricultural Code Section 72005
A California Wheat Commission would also be the means for California producers to take a more active role in national wheat organizations and wheat policymaking...
- California Food and Agricultural Code Section 72006
The production and marketing of wheat produced in this state is hereby declared to be affected with public interest. The provisions of this chapter are...
- California Food and Agricultural Code Section 72007
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research.
- California Food and Agricultural Code Section 72008
No action taken by the commission, nor by any individual in accordance with this chapter or with rules or regulations adopted under the chapter, shall...
- California Food and Agricultural Code Section 72021
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 72022
"Wheat" means any variety of wheat produced in this state.
- California Food and Agricultural Code Section 72023
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the...
- California Food and Agricultural Code Section 72024
"Commission" means the California Wheat Commission.
- California Food and Agricultural Code Section 72025
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 72026
"Director" means the Director of Food and Agriculture.
- California Food and Agricultural Code Section 72027
"Districts" shall consist of the following: (a) District 1 consists of Siskiyou, Tehama, Lassen, Modoc, and Shasta Counties. (b) District 2 consists of Butte, Colusa,...
- California Food and Agricultural Code Section 72028
"Ex officio member" shall be a nonvoting member of the commission.
- California Food and Agricultural Code Section 72029
"Handle" means to engage in the business of a handler as defined in Section 72030.
- California Food and Agricultural Code Section 72030
"Handler" means any person who engages in the operation of selling, marketing, or distributing wheat which he or she has produced, purchased, or acquired from...
- California Food and Agricultural Code Section 72030.5
"Handler" also means any lienholder, secured party or pledgee that is a public agency, public or private, or assignee of a lienholder, secured party or...
- California Food and Agricultural Code Section 72031
"Marketing research" means any research relating to the sale of wheat.
- California Food and Agricultural Code Section 72032
"Marketing season" or "fiscal year" means the period beginning May 1 of any year and extending through April 30 of the following year.
- California Food and Agricultural Code Section 72033
"Producer" or "grower" means any person who is engaged, within this state, in the business of producing wheat for market during any of the preceding...
- California Food and Agricultural Code Section 72034
"Production research" means any research related to the production and processing of wheat, other than marketing research.
- California Food and Agricultural Code Section 72051
There is in the state government the California Wheat Commission. The commission shall be composed of 13 members who are wheat producers and who are...
- California Food and Agricultural Code Section 72052
The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be in...
- California Food and Agricultural Code Section 72052.5
When the director is required to determine whether or not to concur with a decision of the commission, he shall indicate his response to the...
- California Food and Agricultural Code Section 72053
The commission or the director may bring an action for judicial relief from the director's written notice, or from noncompliance by the commission with the...
- California Food and Agricultural Code Section 72054
The commission shall reimburse the director for all expenditures incurred by the director in carrying out his duties and responsibilities under this chapter. However, the...
- California Food and Agricultural Code Section 72055
Each member of the commission, except the ex officio members, shall have an alternate member, to be elected in the same manner as the member....
- California Food and Agricultural Code Section 72056
Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in...
- California Food and Agricultural Code Section 72057
A producer member and his or her alternate on the commission shall be an individual, partner, or employee of a producer who has a financial...
- California Food and Agricultural Code Section 72058
The term of office of all commissioners, except any ex officio member, shall be for three years from the date of their election and until...
- California Food and Agricultural Code Section 72059
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 72060
A quorum of the commission shall be a majority of the commissioners. Except as provided in Sections 72027 and 72133, the vote of a majority...
- California Food and Agricultural Code Section 72061
The director or his representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
- California Food and Agricultural Code Section 72062
No commissioner or member of a committee established by the commission who is a nonmember of the commission shall receive a salary. Each commissioner, except...
- California Food and Agricultural Code Section 72063
All moneys received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited...
- California Food and Agricultural Code Section 72064
The commission shall defend any of its members against any claims made or actions taken against any commission members on matters in which the members...
- California Food and Agricultural Code Section 72065
The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 72081
The powers and duties of the commission shall include, but are not limited to, all of the following: (a) To adopt, and from time to...
- California Food and Agricultural Code Section 72091
Within 90 days after January 1, 1983, the director shall establish a list of producers eligible to vote on implementation of this chapter. In establishing...
- California Food and Agricultural Code Section 72092
The provisions of this chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum...
- California Food and Agricultural Code Section 72093
The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days...
- California Food and Agricultural Code Section 72094
Failure to receive a ballot shall not invalidate the referendum.
- California Food and Agricultural Code Section 72095
If the director finds that a favorable vote has been given as provided in Section 72092, he shall certify and give notice of the favorable...
- California Food and Agricultural Code Section 72096
If the director finds that a favorable vote has not been given as provided in Section 72092, he shall so certify and declare all provisions...
- California Food and Agricultural Code Section 72097
Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district, for...
- California Food and Agricultural Code Section 72097.5
To be eligible for election to the commission, producer nominees shall present to the director a nomination petition with the signatures of at least six...
- California Food and Agricultural Code Section 72098
Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and...
- California Food and Agricultural Code Section 72099
Prior to the referendum vote conducted by the director pursuant to Section 72092, the proponents of the commission shall deposit with the director such amount...
- California Food and Agricultural Code Section 72101
The commission shall, not later than April 30 of each year, establish the assessment for the following year beginning May 1 and ending April 30....
- California Food and Agricultural Code Section 72103
Every handler shall keep a complete and accurate record of all wheat received by him or her and the name of the producer whose wheat...
- California Food and Agricultural Code Section 72104
All proprietary information obtained by the commission or the director from handlers and all lists of producers in the possession of the director shall be...
- California Food and Agricultural Code Section 72105
Assessments provided for in this article shall be upon the producer. The handler first handling the wheat being assessed shall deduct the assessments from amounts...
- California Food and Agricultural Code Section 72106
Every handler shall be personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer...
- California Food and Agricultural Code Section 72107
Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a handler to...
- California Food and Agricultural Code Section 72108
Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the...
- California Food and Agricultural Code Section 72109
Any person, firm, or corporation subject to the assessment in this chapter may request a total or partial refund of a paid assessment from the...
- California Food and Agricultural Code Section 72111
It shall be a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding five hundred dollars...
- California Food and Agricultural Code Section 72112
The commission shall adopt regulations for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before...
- California Food and Agricultural Code Section 72112.5
The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for...
- California Food and Agricultural Code Section 72131
Between May 1, 1987, and April 30, 1988, the commission shall cause a referendum to be conducted among producers in the manner prescribed in Section...
- California Food and Agricultural Code Section 72131.5
The operation of this chapter shall be reapproved and continued in effect if the director finds, in the referendum required pursuant to Section 72131, that...
- California Food and Agricultural Code Section 72132
Following a favorable referendum conducted prior to April 30, 1988, a referendum shall be conducted by the commission every fifth year thereafter between May 1...
- California Food and Agricultural Code Section 72133
Upon the finding of a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the...
- California Food and Agricultural Code Section 72133.5
(a) The director shall terminate the commission at the end of the current marketing season if requested in writing, within a 90-day period, by at...
- California Food and Agricultural Code Section 72134
After the effective date of suspension of the operation of this chapter and of the operations of the commission, the operations of the commission shall...
- California Food and Agricultural Code Section 72135
Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all...
- California Food and Agricultural Code Section 73001
The navel orange industry in this state constitutes one of California's principal tree fruit crops, and thus provides an important source of employment for many...
- California Food and Agricultural Code Section 73002
Opportunity exists for continued growth and expansion of the industry by creating new markets in this country and abroad. The success of an expansion program...
- California Food and Agricultural Code Section 73003
The creation of a California Navel Orange Commission is necessary for the efficient development and management of an advertising and promotion program and essential to...
- California Food and Agricultural Code Section 73004
The production and marketing of navel oranges produced in this state is hereby declared to be affected with a public interest. This chapter is enacted...
- California Food and Agricultural Code Section 73005
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, and marketing research.
- California Food and Agricultural Code Section 73006
No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter,...
- California Food and Agricultural Code Section 73051
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 73052
"Navel orange" means those oranges belonging to the genus Citrus, species sinensis (Linnaeus) Osbeck, and characterized by being seedless and having a navel at the...
- California Food and Agricultural Code Section 73053
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 73054
"Carton" means a container holding approximately 40 pounds, or the equivalent thereof, of navel oranges marketed for fresh consumption.
- California Food and Agricultural Code Section 73055
"Commission" means the California Navel Orange Commission.
- California Food and Agricultural Code Section 73056
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 73057
"Consumer communications" means, as defined by the commission, all manner of advertising and other communications which are directed towards the general consuming public.
- California Food and Agricultural Code Section 73058
"Cooperative handler" means a handler organized under this code and the Capper-Volstead Act (Chapter 12 (commencing with Section 291) of Title 7 of the United...
- California Food and Agricultural Code Section 73059
"Cooperative producer" means a producer who markets his or her fruit through a cooperative handler.
- California Food and Agricultural Code Section 73060
"Director" means the Director of Food and Agriculture.
- California Food and Agricultural Code Section 73061
"Districts" mean the following: (a) District A consists of the Counties of Fresno, Madera, Butte, Colusa, Glenn, Merced, Placer, Shasta, Solano, Sonoma, Stanislaus, Sutter, Tehama,...
- California Food and Agricultural Code Section 73062
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 73063
"Handle" means to engage in the business of a handler.
- California Food and Agricultural Code Section 73064
"Handler" means any person who engages in the operation of selling or marketing navel oranges for fresh consumption which he or she has produced, purchased,...
- California Food and Agricultural Code Section 73065
"Independent handler" means a handler, other than a cooperative handler, who markets fruit for independent producers.
- California Food and Agricultural Code Section 73066
"Independent producer" means a producer who markets his or her fruit primarily through an independent handler.
- California Food and Agricultural Code Section 73067
"Market" or "marketing" means to sell or otherwise distribute navel oranges into commercial channels of trade for fresh consumption in a manner resulting in the...
- California Food and Agricultural Code Section 73068
"Marketing research" means any research relating to the sale of navel oranges.
- California Food and Agricultural Code Section 73069
"Marketing season" or "fiscal year" means the period beginning October 1 of any year and extending through September 30 of the following year. However, the...
- California Food and Agricultural Code Section 73070
"Producer" or "grower" means any person who is engaged within this state in the business of producing, or causing to be produced, navel oranges for
- California Food and Agricultural Code Section 73101
There is in the state government the California Navel Orange Commission. The commission shall be composed of 12 producers who are not handlers, four handlers,...
- California Food and Agricultural Code Section 73102
Six producers, one from each district shall be nominated and elected by and from independent producers. Six producers, one from each district shall be nominated...
- California Food and Agricultural Code Section 73103
Except as provided in Section 73104, two cooperative handler members shall be nominated and elected by and from cooperative handlers. Two independent handler members shall...
- California Food and Agricultural Code Section 73104
If a handler markets 50 percent or more of the volume of the navel oranges in the preceding marketing season, as annually determined by the...
- California Food and Agricultural Code Section 73105
The public member shall be appointed to the commission by the director from the nominees recommended by the commission.
- California Food and Agricultural Code Section 73106
The director, citrus grower trade organizations primarily involved in issues affecting the orange industry, and other appropriate individuals and organizations, as determined by the commission,...
- California Food and Agricultural Code Section 73107
(a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be...
- California Food and Agricultural Code Section 73108
(a) Actions of the commission in violation of a written notice have no legal force or effect. The director, to the extent feasible, shall issue...
- California Food and Agricultural Code Section 73109
The commission may bring an action for judicial relief from the director's written notice, and the director may bring an action for judicial relief from...
- California Food and Agricultural Code Section 73110
The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this chapter....
- California Food and Agricultural Code Section 73111
Each member of the commission, except the ex officio members, shall have an alternate member elected in the same manner as the member. An alternate...
- California Food and Agricultural Code Section 73112
Any vacancy on the commission occurring by the failure of any elected member or elected alternate member to continue in his or her position due...
- California Food and Agricultural Code Section 73113
Any producer member or his or her alternate shall be an individual, partner, or employee of a producer who has a financial interest in producing,...
- California Food and Agricultural Code Section 73114
Any handler member or his or her alternate shall be an individual, partner, or employee of a handler who has a financial interest in handling...
- California Food and Agricultural Code Section 73115
The public member or his or her alternate shall have all the powers, rights, responsibilities, and privileges of any other member on the commission. The...
- California Food and Agricultural Code Section 73116
(a) Except as provided in subdivision (b), the term of office of the elected commissioners is three years from the date of their election and...
- California Food and Agricultural Code Section 73117
The public member shall serve a term of three years and shall remain on the commission after the expiration of three years until his or...
- California Food and Agricultural Code Section 73118
The commission shall be and is hereby declared and created as a corporate body. It may sue and be sued, may contract and be contracted...
- California Food and Agricultural Code Section 73119
A quorum of the commission is 12 voting commissioners. Except as provided in Sections 73061 and 73353, the commission may act by a vote of...
- California Food and Agricultural Code Section 73120
The director or his or her representatives shall be notified of, and may attend, each meeting of the commission and any committee meeting of the...
- California Food and Agricultural Code Section 73121
When a decision of the commission requires the concurrence of the director, he or she shall indicate his or her response, in writing, to the...
- California Food and Agricultural Code Section 73122
No commissioner, including alternates, or a member of a committee established by the commission who is a nonmember of the commission, shall receive a salary....
- California Food and Agricultural Code Section 73123
All funds received by any person from the assessments levied under the authority of this chapter, or otherwise received by the commission, shall be deposited...
- California Food and Agricultural Code Section 73124
The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 73151
The powers and duties of the commission, subject to Sections 73107 and 73108, shall include, but are not limited to, all of the powers and...
- California Food and Agricultural Code Section 73152
The commission shall adopt and, from time to time, alter, rescind, modify, and amend in a manner prescribed by the commission, all proper and necessary...
- California Food and Agricultural Code Section 73153
The commission shall administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably...
- California Food and Agricultural Code Section 73154
The commission shall appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers that it deems necessary. The officers have...
- California Food and Agricultural Code Section 73155
(a) The commission shall employ a manager to serve at the pleasure of the commission as president and chief executive officer of the commission, and...
- California Food and Agricultural Code Section 73156
The commission shall fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 73157
The commission may appoint committees which may be composed of both members and nonmembers of the commission to advise the commission in carrying out this
- California Food and Agricultural Code Section 73158
The commission shall appoint a committee or committees to deal specifically with budget and advertising issues. Commission members who pay the full assessment are entitled...
- California Food and Agricultural Code Section 73159
The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt...
- California Food and Agricultural Code Section 73160
The commission shall keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual audit...
- California Food and Agricultural Code Section 73161
The commission shall promote the sale of navel oranges by advertising and other promotional means, including cost-sharing advertising, to maintain and expand present markets and...
- California Food and Agricultural Code Section 73162
The commission shall educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling navel oranges, to make market...
- California Food and Agricultural Code Section 73163
The commission may enter into contracts to render service in formulating and conducting plans and programs authorized under this chapter.
- California Food and Agricultural Code Section 73164
The commission may conduct, and contract with others to conduct, marketing research, including the study, analysis, dissemination, and accumulation of information obtained from the research...
- California Food and Agricultural Code Section 73165
The commission may publish and distribute, without charge, bulletins or other communications for dissemination of information relating to commission activities and other related matters to...
- California Food and Agricultural Code Section 73166
Pursuant to Section 73251, the commission shall establish an assessment rate to defray operating costs of the commission.
- California Food and Agricultural Code Section 73167
The commission shall prepare an annual budget according to accepted accounting practices. Except for disbursements to pay the compensation of the employees of the commission,...
- California Food and Agricultural Code Section 73168
The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter, including advertising, promotion,...
- California Food and Agricultural Code Section 73169
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for criminal violation of...
- California Food and Agricultural Code Section 73201
As soon as possible and no later than 60 days after the effective date of this chapter, the director shall establish a list of producers...
- California Food and Agricultural Code Section 73202
This chapter, except as necessary to conduct an implementation referendum, does not become operative until the director finds in a referendum conducted by the director,...
- California Food and Agricultural Code Section 73203
The director shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days...
- California Food and Agricultural Code Section 73204
Nonreceipt of a ballot does not invalidate a referendum.
- California Food and Agricultural Code Section 73205
If the director finds that a favorable vote has been given as provided in Section 73202, he or she shall certify and give notice of...
- California Food and Agricultural Code Section 73206
If the director finds that a favorable vote has not been given as provided in Section 73202, he or she shall so certify and declare...
- California Food and Agricultural Code Section 73207
Upon certification of the commission, the director shall contact all producers in each district by mail, or call meetings of producers in each district, for...
- California Food and Agricultural Code Section 73208
To be eligible for election to the commission, a producer nominee shall submit to the director a nomination petition with the signatures of at least...
- California Food and Agricultural Code Section 73209
The director shall establish a list of handlers and shall, by mail ballot or by calling a meeting of all handlers, conduct the nomination and...
- California Food and Agricultural Code Section 73210
Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and...
- California Food and Agricultural Code Section 73211
Prior to the implementation referendum conducted by the director pursuant to Section 73202, the proponents of the commission shall deposit with the director the amount...
- California Food and Agricultural Code Section 73212
Upon creation of the commission, the commission is authorized to reimburse the proponents of the commission for any funds deposited with the director which were...
- California Food and Agricultural Code Section 73251
(a) The assessment on navel oranges for fresh consumption shall be established by the commission prior to the beginning of each marketing season and shall...
- California Food and Agricultural Code Section 73252
Any producer who pays an assessment to a cooperative handler or independent handler, and that producer markets his or her navel oranges and conducts an...
- California Food and Agricultural Code Section 73253
Identified commission administrative expenses in an amount not to exceed 10 percent of the assessment owed by any producer prior to deducting the brand credit,...
- California Food and Agricultural Code Section 73253.5
(a) At least 60 percent of the commission's total expenditures shall be expended for consumer communication. (b) In order to qualify for brand credit, as...
- California Food and Agricultural Code Section 73254
Any direct consumer communication purchases qualifies for brand credit when determined by the commission to be in accordance with the following criteria: (a) As defined...
- California Food and Agricultural Code Section 73254.5
Unless otherwise prohibited in this chapter, and in addition to the provisions of Section 73254, a person or entity that is qualified to receive brand...
- California Food and Agricultural Code Section 73254.6
The activities of advertising in trade publications and participating in conferences or conventions are not eligible for application of brand credit.
- California Food and Agricultural Code Section 73255
This chapter does not apply to navel oranges produced only for the producer's home use or where the navel oranges are used only for ornamental...
- California Food and Agricultural Code Section 73256
Every handler shall keep a complete and accurate record of all navel oranges handled by him or her with the name of the producer whose...
- California Food and Agricultural Code Section 73257
All proprietary information obtained by the commission or the director from producers or handlers, and all lists of producers or handlers in the possession of...
- California Food and Agricultural Code Section 73258
Assessments shall be levied upon the producer. The first handler of navel oranges being assessed shall deduct the assessment from amounts paid by him or...
- California Food and Agricultural Code Section 73259
Every handler is personally liable for the payment of the collected assessments, and failure of the handler to collect the assessment from any producer does...
- California Food and Agricultural Code Section 73260
Any assessment which is levied pursuant to in this chapter is a personal debt of the producer so assessed. Failure of a handler to make...
- California Food and Agricultural Code Section 73261
Any producer or handler who fails to file a return or pay any assessment within the time required by the commission shall pay to the...
- California Food and Agricultural Code Section 73301
It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five hundred dollars ($500), or...
- California Food and Agricultural Code Section 73302
The commission shall establish procedures for the purpose of addressing any claims made against the commission or any of its individual members and alternates, and...
- California Food and Agricultural Code Section 73303
The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for...
- California Food and Agricultural Code Section 73304
Any action for any penalty or other remedy which is prescribed under this chapter shall be commenced within two years from the date of the...
- California Food and Agricultural Code Section 73305
It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under...
- California Food and Agricultural Code Section 73306
This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid...
- California Food and Agricultural Code Section 73351
Between October 1, 1987, and September 30, 1988, the commission shall conduct a referendum among producers in the manner prescribed in Section 73202 to determine...
- California Food and Agricultural Code Section 73352
Following a favorable referendum conducted prior to September 30, 1988, a referendum shall be conducted by the commission every fifth year thereafter between October 1st...
- California Food and Agricultural Code Section 73353
Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the...
- California Food and Agricultural Code Section 73354
Prior to any referendum resulting from a petition filed in accordance with Section 73353, the petitioners shall deposit with the director an amount that the...
- California Food and Agricultural Code Section 73355
After the effective date of suspension of the operation of this chapter and of the commission, the operations of the commission shall be concluded and...
- California Food and Agricultural Code Section 73356
Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all...
- California Food and Agricultural Code Section 74001
The production and distribution of wine and winegrapes constitute an important industry of this state which provides substantial and necessary revenues for the state and...
- California Food and Agricultural Code Section 74002
The maintenance and expansion of the wine and winegrape industry of California and of its local, national, and foreign markets is necessary to assure the...
- California Food and Agricultural Code Section 74003
It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of wine, winegrapes,...
- California Food and Agricultural Code Section 74004
The production and marketing of wine, winegrapes, and winegrape products produced in this state is hereby declared to be affected with a public interest. This...
- California Food and Agricultural Code Section 74005
No action taken by the commission nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter...
- California Food and Agricultural Code Section 74006
This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that...
- California Food and Agricultural Code Section 74007
It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a...
- California Food and Agricultural Code Section 74008
A commission form of administration created by this chapter is designed to deal with the broad fields of market development, marketing research, and production and...
- California Food and Agricultural Code Section 74009
This chapter shall be known and may be cited as the Dills-Bronzan Winegrowers Joint Commission Act of 1986.
- California Food and Agricultural Code Section 74021
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 74022
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 74023
"Brandy" means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from...
- California Food and Agricultural Code Section 74024
"Commission" means the Winegrowers of California Commission.
- California Food and Agricultural Code Section 74025
"Grape concentrate" or "concentrate" means unfermented grape juice from which the major portion of the original water content has been removed.
- California Food and Agricultural Code Section 74026
"Grape juice" or "juice" means unfermented crushed grapes without solids containing the major portion of the original water content.
- California Food and Agricultural Code Section 74027
"Producer" and "grower" are synonymous and mean any person who produced winegrapes in a marketing season in a quantity of more than 25 tons. Unless...
- California Food and Agricultural Code Section 74028
"Producer districts" shall consist of the following: (a) District 1 consists of Lake, Solano, Mendocino, Sonoma, Marin, and Napa Counties. (b) District 2 consists of...
- California Food and Agricultural Code Section 74029
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 74030
"High proof" means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the...
- California Food and Agricultural Code Section 74031
"Market" means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products.
- California Food and Agricultural Code Section 74032
"Market development" includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other matters, and activities...
- California Food and Agricultural Code Section 74033
"Market research" means any investigation, development, analysis, or implementation of information relating to the marketing of wine, winegrapes, and winegrape products including, but not limited...
- California Food and Agricultural Code Section 74034
"Marketing season" or "fiscal year" means the period beginning July 1 of any year and extending through June 30 of the following years.
- California Food and Agricultural Code Section 74035
"Must" means a mixture of unfermented crushed grapes, solid grape particles, and grape juice.
- California Food and Agricultural Code Section 74036
"Production research" means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape products and uses...
- California Food and Agricultural Code Section 74037
"Vintner" and "processor" are synonymous and mean any person engaged in producing must, grape juice, grape concentrate, wine, or products thereof, including high proof and...
- California Food and Agricultural Code Section 74038
"Wine" means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from...
- California Food and Agricultural Code Section 74039
"Winegrapes" means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products...
- California Food and Agricultural Code Section 74040
"Winegrape products" include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes.
- California Food and Agricultural Code Section 74061
There is in state government, the Winegrowers of California Commission. The commission shall be composed of 18 producers, 18 vintners, and may include one public...
- California Food and Agricultural Code Section 74062
Periodically, the number of producer members and their respective alternate members serving on the commission from any district shall be reapportioned in a manner that...
- California Food and Agricultural Code Section 74063
(a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be...
- California Food and Agricultural Code Section 74064
The commission or the director may bring an action for judicial relief from the director's written notice or for noncompliance by the commission with the...
- California Food and Agricultural Code Section 74065
When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission...
- California Food and Agricultural Code Section 74066
The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to this...
- California Food and Agricultural Code Section 74067
Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member....
- California Food and Agricultural Code Section 74068
Any producer member and his or her alternate member shall be a person, or an employee representing a producer, who has a financial interest in...
- California Food and Agricultural Code Section 74069
Any vintner member and his or her alternate member shall be a person, or an employee representing a vintner, who has a financial interest in...
- California Food and Agricultural Code Section 74070
The public member and his or her alternate member shall have all the rights, privileges, and powers of any other member of the commission. The...
- California Food and Agricultural Code Section 74071
The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However,...
- California Food and Agricultural Code Section 74072
No less than 10 producer members and 10 vintner members, including alternate members when acting in place of the members, shall constitute a quorum of...
- California Food and Agricultural Code Section 74073
The vote of a majority of the members, or alternate members when acting in the place of the members, present at the meeting at which...
- California Food and Agricultural Code Section 74074
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 74075
The director or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission.
- California Food and Agricultural Code Section 74076
No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary....
- California Food and Agricultural Code Section 74077
All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the commission...
- California Food and Agricultural Code Section 74078
(a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 74091
The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
- California Food and Agricultural Code Section 74092
The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders...
- California Food and Agricultural Code Section 74093
The commission may administer and enforce this chapter and do and perform all actions and exercise all powers incidental to, in connection with, or deemed...
- California Food and Agricultural Code Section 74094
The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall have...
- California Food and Agricultural Code Section 74095
The commission may employ a person to serve at the pleasure of the commission as president, and other personnel, including legal counsel, necessary to carry...
- California Food and Agricultural Code Section 74096
The commission may fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 74097
The commission may appoint committees composed of both members and nonmembers of the commission.
- California Food and Agricultural Code Section 74098
The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of...
- California Food and Agricultural Code Section 74099
The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing...
- California Food and Agricultural Code Section 74100
The commission may engage in market development and market research through plans and programs to enhance the sale of California wine, winegrapes, and winegrape products...
- California Food and Agricultural Code Section 74101
The commission may accept contributions of private, state, or federal funds that may be available for these purposes, and may allocate funds by contract or...
- California Food and Agricultural Code Section 74102
The commission may undertake appropriate research relating to the production and processing of wine and winegrapes, including the development of new winegrape products and uses...
- California Food and Agricultural Code Section 74103
The commission may publish and distribute bulletins or other communications relating to the California wine and winegrape industries.
- California Food and Agricultural Code Section 74104
The commission may establish an assessment rate to defray operating costs of the commission.
- California Food and Agricultural Code Section 74105
The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to disbursement of...
- California Food and Agricultural Code Section 74106
The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
- California Food and Agricultural Code Section 74107
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations...
- California Food and Agricultural Code Section 74108
The director may require that any contract in which the commission is a party be submitted to him or her for concurrence prior to the...
- California Food and Agricultural Code Section 74121
This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the director finds, in a referendum conducted by him or...
- California Food and Agricultural Code Section 74122
The referendum shall provide for eligible producers and eligible vintners to approve this chapter jointly as applicable to both producers and vintners.
- California Food and Agricultural Code Section 74123
(a) Not later than April 1, 1987, the director shall establish a list of producers and a list of vintners who are eligible to vote...
- California Food and Agricultural Code Section 74124
In determining whether this chapter is approved by producers, the director must find that at least 40 percent of the total number of producers from...
- California Food and Agricultural Code Section 74125
In determining whether this chapter is approved by vintners, the director must find that at least 40 percent of the total number of vintners from...
- California Food and Agricultural Code Section 74126
The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days...
- California Food and Agricultural Code Section 74127
Nonreceipt of a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 74128
If the director finds that a favorable vote has not been given as provided in this chapter, he or she shall certify and declare this...
- California Food and Agricultural Code Section 74129
Upon certification of the commission, the producer and vintner members and their alternate members who are then serving on the California Wine and Winegrape Improvement...
- California Food and Agricultural Code Section 74130
Subsequent to the action taken pursuant to Section 74129, persons to be elected to the commission upon expiration of existing terms shall be selected pursuant...
- California Food and Agricultural Code Section 74131
(a) Prior to the implementation referendum conducted by the director, the proponents of the commission shall deposit with the director the amount that the director...
- California Food and Agricultural Code Section 74151
(a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing...
- California Food and Agricultural Code Section 74152
Any producer, or producer who is also a vintner, who contracts or otherwise arranges for the processing of his or her winegrapes and retains ownership...
- California Food and Agricultural Code Section 74153
This chapter shall not apply to winegrapes produced only for a producer's home use or processed only for a vintner's home use. However, any producer...
- California Food and Agricultural Code Section 74154
Every producer and vintner subject to this chapter shall keep a complete and accurate record of their operations. The records shall be in simple form...
- California Food and Agricultural Code Section 74155
All proprietary information obtained by the commission or the director from producers or vintners, and all lists of producers and vintners in the possession of...
- California Food and Agricultural Code Section 74156
Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in...
- California Food and Agricultural Code Section 74157
Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the...
- California Food and Agricultural Code Section 74171
It is unlawful for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by...
- California Food and Agricultural Code Section 74172
The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from decisions of the...
- California Food and Agricultural Code Section 74173
(a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and...
- California Food and Agricultural Code Section 74174
Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74191) shall not result in any of the following: (a) Affecting,...
- California Food and Agricultural Code Section 74191
Between July 1, 1991, and June 30, 1992, inclusive, the commission shall cause a referendum to be conducted among producers and vintners in the manner...
- California Food and Agricultural Code Section 74192
Following a favorable referendum conducted prior to June 30, 1992, a referendum shall be conducted by the commission every fifth year thereafter unless a referendum...
- California Food and Agricultural Code Section 74193
(a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may...
- California Food and Agricultural Code Section 74194
(a) The director shall terminate the commission at the end of the current marketing season if the director finds that termination is requested in writing,...
- California Food and Agricultural Code Section 74195
After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by...
- California Food and Agricultural Code Section 74196
Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and vintners affected by the suspension...
- California Food and Agricultural Code Section 74501
The production and distribution of wine and wine-related products constitute an important industry of this state which provides substantial and necessary revenues for the state...
- California Food and Agricultural Code Section 74502
The maintenance and expansion of the wine industry of California and of its local, national, and foreign markets is necessary to assure the consuming public...
- California Food and Agricultural Code Section 74503
It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of wine and...
- California Food and Agricultural Code Section 74504
The production and marketing of wine and wine-related products produced in this state is hereby declared to be affected with a public interest. This chapter...
- California Food and Agricultural Code Section 74505
No action taken by the commission or by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter...
- California Food and Agricultural Code Section 74506
This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that...
- California Food and Agricultural Code Section 74507
It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a...
- California Food and Agricultural Code Section 74508
A commission form of administration created by this chapter is designed to deal with the broad fields of market development, marketing research, and production and...
- California Food and Agricultural Code Section 74521
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 74522
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 74523
"Brandy" means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from...
- California Food and Agricultural Code Section 74524
"Commission" means the California Wine Commission.
- California Food and Agricultural Code Section 74524.1
"Director" means the Director of Food and Agriculture.
- California Food and Agricultural Code Section 74524.5
"Eligible volume" means the total tonnage of winegrapes processed in the preceding marketing season by vintners subject to this chapter.
- California Food and Agricultural Code Section 74525
"Grape concentrate" or "concentrate" means unfermented grape juice from which the major portion of the original water content has been removed.
- California Food and Agricultural Code Section 74526
"Grape juice" or "juice" means unfermented crushed grapes without solids containing the major portion of the original water content.
- California Food and Agricultural Code Section 74527
"Producer" and "grower" are synonymous and mean any person who produced winegrapes in the preceding marketing season. Producer also includes any person who receives winegrapes...
- California Food and Agricultural Code Section 74528
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 74529
"High proof" means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the...
- California Food and Agricultural Code Section 74530
"Market" means to sell, barter, trade, purchase, acquire, or otherwise distribute wine or wine-related products.
- California Food and Agricultural Code Section 74531
"Market development" includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other matters, and activities...
- California Food and Agricultural Code Section 74532
"Market research" means any investigation, development, analysis, or implementation of information relating to the marketing of wine and wine-related products, including, but not limited to,...
- California Food and Agricultural Code Section 74533
"Marketing season" or "fiscal year" means the period beginning July 1 of any year and extending through June 30 of the following years.
- California Food and Agricultural Code Section 74534
"Must" means a mixture of unfermented crushed grapes, solid grape particles, and grape juice.
- California Food and Agricultural Code Section 74535
"Processing research" means research relating to the processing of winegrapes, including, but not limited to, the development of new wine-related products and uses for these
- California Food and Agricultural Code Section 74536
"Vintner" means a winegrower, as defined in Section 23013 of the Business and Professions Code, who holds a winegrower's license issued by the Department of...
- California Food and Agricultural Code Section 74537
"Wine" means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from...
- California Food and Agricultural Code Section 74538
"Winegrapes" means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products...
- California Food and Agricultural Code Section 74539
"Wine-related products" include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes.
- California Food and Agricultural Code Section 74561
(a) There is in state government, the California Wine Commission. The commission shall be composed of 18 vintners and may include one public member. (b)...
- California Food and Agricultural Code Section 74562
(a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be...
- California Food and Agricultural Code Section 74563
The commission or the director may bring an action for judicial relief from the director's written notice or for noncompliance by the commission with the...
- California Food and Agricultural Code Section 74564
When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission...
- California Food and Agricultural Code Section 74565
The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to this...
- California Food and Agricultural Code Section 74566
Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member....
- California Food and Agricultural Code Section 74567
Any vintner member and his or her alternate member shall be a person, or an employee representing a vintner, who has a financial interest in...
- California Food and Agricultural Code Section 74568
The public member and his or her alternate member shall have all the rights, privileges, and powers of any other member of the commission. The...
- California Food and Agricultural Code Section 74569
The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However,...
- California Food and Agricultural Code Section 74570
No less than 10 vintner members, including alternate members when acting in place of the members, shall constitute a quorum of the commission.
- California Food and Agricultural Code Section 74571
The vote of a majority of the members, or alternate members when acting in the place of the members, present at the meeting at which...
- California Food and Agricultural Code Section 74572
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 74573
The director or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission.
- California Food and Agricultural Code Section 74574
No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary....
- California Food and Agricultural Code Section 74575
All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the commission...
- California Food and Agricultural Code Section 74576
(a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 74591
The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
- California Food and Agricultural Code Section 74592
The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders...
- California Food and Agricultural Code Section 74593
The commission may administer and enforce this chapter and do and perform all actions and exercise all powers incidental to, in connection with, or deemed...
- California Food and Agricultural Code Section 74594
The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall have...
- California Food and Agricultural Code Section 74595
The commission may employ a person to serve at the pleasure of the commission as president, and other personnel, including legal counsel, necessary to carry...
- California Food and Agricultural Code Section 74596
The commission may fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 74597
The commission may appoint committees composed of both members and nonmembers of the commission.
- California Food and Agricultural Code Section 74598
The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of...
- California Food and Agricultural Code Section 74599
The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing...
- California Food and Agricultural Code Section 74600
The commission may engage in market development and market research through plans and programs to enhance the sale of California wine and wine-related products for...
- California Food and Agricultural Code Section 74601
The commission may accept contributions of private, state, or federal funds that may be available for these purposes, and may allocate funds by contract or...
- California Food and Agricultural Code Section 74602
The commission may undertake appropriate research relating to the production and processing of wine and winegrapes, including the development of new wine-related products and uses...
- California Food and Agricultural Code Section 74603
The commission may publish and distribute bulletins or other communications relating to the California wine and wine-related products industries.
- California Food and Agricultural Code Section 74604
The commission may establish an assessment rate to defray operating costs of the commission.
- California Food and Agricultural Code Section 74605
The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to disbursement of...
- California Food and Agricultural Code Section 74606
The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
- California Food and Agricultural Code Section 74607
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations...
- California Food and Agricultural Code Section 74608
The director may require that any contract in which the commission is a party be submitted to him or her for concurrence prior to the...
- California Food and Agricultural Code Section 74621
This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the director finds, in a referendum conducted by him or...
- California Food and Agricultural Code Section 74622
(a) Not later than April 1, 1987, the director shall establish a list of vintners who are eligible to vote on the implementation of this...
- California Food and Agricultural Code Section 74622.5
For the purpose of voting in the referendum required in Section 74621, only a person who would be required to pay the assessment pursuant to...
- California Food and Agricultural Code Section 74623
In determining whether this chapter shall become operative, the director shall find that at least 40 percent of the total number of vintners from the...
- California Food and Agricultural Code Section 74624
The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60 days...
- California Food and Agricultural Code Section 74625
Nonreceipt of a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 74626
If the director finds that a favorable vote has not been given as provided in this chapter, he or she shall certify and declare this...
- California Food and Agricultural Code Section 74627
Upon certification of the commission, the vintner members and their alternate members who are then serving on the California Wine and Winegrape Improvement Program made...
- California Food and Agricultural Code Section 74628
Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and...
- California Food and Agricultural Code Section 74629
(a) Prior to the implementation referendum conducted by the director, the proponents of the commission shall deposit with the director the amount that the director...
- California Food and Agricultural Code Section 74651
(a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing...
- California Food and Agricultural Code Section 74651.5
Prior to the beginning of each marketing season, the commission may establish a voluntary minimum assessment rate applicable to vintners who process winegrapes in the...
- California Food and Agricultural Code Section 74652
Any vintner who is also a producer who processes winegrapes shall pay the assessment on the winegrapes. The "weighted average producer returns per ton" by...
- California Food and Agricultural Code Section 74652.5
Unless otherwise exempted by this chapter, the assessment provided for in this article shall be levied on vintners and vintners who are also producers who...
- California Food and Agricultural Code Section 74653
This chapter does not apply to winegrapes processed only for a vintner's home use. However, any vintner claiming this exemption shall file an affidavit with...
- California Food and Agricultural Code Section 74654
Every vintner shall keep a complete and accurate record of all winegrapes processed. The records shall be in simple form and contain information as the...
- California Food and Agricultural Code Section 74655
All proprietary information obtained by the commission or the director from producers or vintners, and all lists of vintners in the possession of the commission...
- California Food and Agricultural Code Section 74656
Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable in...
- California Food and Agricultural Code Section 74657
Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the...
- California Food and Agricultural Code Section 74658
(a) Any vintner who processes winegrapes into must, grape juice, or grape concentrate for the manufacture of nonalcoholic beverages other than nonalcoholic wine may apply...
- California Food and Agricultural Code Section 74659
Any vintner receiving an exemption or refund pursuant to Section 74658, shall, in addition to the requirements of Section 74654, maintain sales invoices and any...
- California Food and Agricultural Code Section 74660
No refund pursuant to Section 74658 shall be approved by the commission after two years from the date the assessment was due. Failure to file...
- California Food and Agricultural Code Section 74661
Within 30 days, after disallowing any claim in whole or in part, the commission shall serve written notice of its action on the claimant.
- California Food and Agricultural Code Section 74671
It is unlawful for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by...
- California Food and Agricultural Code Section 74672
The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from decisions of the...
- California Food and Agricultural Code Section 74673
(a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and...
- California Food and Agricultural Code Section 74674
Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74691) shall not result in any of the following: (a) Affecting,...
- California Food and Agricultural Code Section 74691
(a) On or before June 30, 1990, the commission shall cause a referendum to be conducted among vintners in the manner specified in Section 74622...
- California Food and Agricultural Code Section 74692
Following a favorable referendum conducted prior to June 30, 1990, a referendum shall be conducted by the commission every fifth year thereafter unless a referendum...
- California Food and Agricultural Code Section 74693
(a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may...
- California Food and Agricultural Code Section 74694
(a) The director shall terminate the commission at the end of the current marketing season if the director finds that termination is requested in writing,...
- California Food and Agricultural Code Section 74695
After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by...
- California Food and Agricultural Code Section 74696
Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all vintners affected by the suspension whose names...
- California Food and Agricultural Code Section 74701
The production of grape rootstock constitutes an important industry of this state that not only provides substantial and necessary revenues for the state and employment...
- California Food and Agricultural Code Section 74702
The maintenance of the grape rootstock industry of California is necessary to assure the consuming public of a continuous supply of good fruit for the...
- California Food and Agricultural Code Section 74702.5
The successes that the grape rootstock industry has enjoyed have come in part through a commitment to industry funded research, which has led to significant...
- California Food and Agricultural Code Section 74703
The production and marketing of grape rootstock produced in this state is hereby declared to be affected with a public interest. This chapter is enacted...
- California Food and Agricultural Code Section 74704
No action taken by the commission, or by any individual commission board member in accordance with this chapter or with regulations adopted under this chapter,...
- California Food and Agricultural Code Section 74705
This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held to be...
- California Food and Agricultural Code Section 74706
It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of the...
- California Food and Agricultural Code Section 74707
A commission form of administration created by this chapter is designed to provide those engaged in the production and marketing of grape rootstock the opportunity...
- California Food and Agricultural Code Section 74710
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 74711
"Bearing acreage" means a planting grape rootstock three years or older from which cuttings can be taken.
- California Food and Agricultural Code Section 74712
"Board member" means a nursery owner or representative of an owner elected pursuant to Section 74778.
- California Food and Agricultural Code Section 74713
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 74714
"Commission" means the California Grape Rootstock Improvement Commission.
- California Food and Agricultural Code Section 74715
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 74716
"Grafted" means the art of joining parts of plants together in such a manner as they will unite and continue their growth as one plant.
- California Food and Agricultural Code Section 74717
"Grafted grape rootstock" means a rootstock that has been grafted with a fruiting grape variety.
- California Food and Agricultural Code Section 74718
"Grape rootstock" means the rootstock portion of grapevines grown in California as a single species or hybrid combination in the family Vitaceae.
- California Food and Agricultural Code Section 74719
"Grape rootstock nursery" or "nursery" means any person in this state which operates under a California state nursery license and grows grape rootstock for commercial...
- California Food and Agricultural Code Section 74720
"Grape rootstock research" means any cultural and biological research relating to grape rootstock.
- California Food and Agricultural Code Section 74721
"Invoicable unit" means any rootstock cutting, or rooted rootstock cutting, or grafted grape rootstock that is used or distributed by a nursery for commercial purposes.
- California Food and Agricultural Code Section 74721.5
"Distribute" means to sell or otherwise transfer any rootstock cutting, rooted rootstock cutting, or grafted grape rootstock for commercial purposes.
- California Food and Agricultural Code Section 74722
"Marketing year" or "fiscal year" means the period beginning April 1 of any year and extending through the last day of March of the next
- California Food and Agricultural Code Section 74723
"Marketing year 1992-93" means the period commencing August 1, 1992, to March 31, 1993, inclusive.
- California Food and Agricultural Code Section 74723.5
"Person" means an individual, partnership, limited liability company, corporation, firm, company, or other entity doing business in California.
- California Food and Agricultural Code Section 74724
"Rooted rootstock cutting" means a rootstock cutting with roots destined to become a grafted unit.
- California Food and Agricultural Code Section 74725
"Rootstock" means the part of the graft combination which is to become the root system.
- California Food and Agricultural Code Section 74726
"Rootstock cutting" means a cutting of a rootstock variety that is at least 6 inches in length destined to become a grafted unit.
- California Food and Agricultural Code Section 74730
(a) There is in state government the California Grape Rootstock Improvement Commission. The commission shall be composed of nine grape rootstock nursery owners or representatives...
- California Food and Agricultural Code Section 74731
(a) The director may require the commission to correct or cease any activity or function which is determined by the director not to be in...
- California Food and Agricultural Code Section 74732
The commission or the director may bring an action for judicial relief from the director's written notice, or from noncompliance by the commission with the...
- California Food and Agricultural Code Section 74733
When the director is required to concur in a decision of the commission, the director shall concur, refuse to concur, or request additional information from...
- California Food and Agricultural Code Section 74734
The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities pursuant to this...
- California Food and Agricultural Code Section 74734.5
(a) The director shall operate in the most efficient, cost-effective manner possible in carrying out his or her duties and responsibilities pursuant to this chapter....
- California Food and Agricultural Code Section 74735
Each board member, except ex officio members, shall have an alternate board member selected by the board member. An alternate member shall, in the absence...
- California Food and Agricultural Code Section 74736
(a) Any vacancy on the commission occurring by the failure of a board member to continue in his or her position due to a change...
- California Food and Agricultural Code Section 74737
Any board member and his or her alternate member on the commission shall be an owner of a grape rootstock nursery or representative of an...
- California Food and Agricultural Code Section 74738
The term of office of all board members and alternate board members of the commission, except ex officio members, is three years from the beginning...
- California Food and Agricultural Code Section 74739
Notwithstanding Section 74738, the initial term of members and alternates shall be divided by lot into three terms of one year, three terms of two...
- California Food and Agricultural Code Section 74740
The commission is hereby declared and created a corporate body. It may sue and be sued, enter into contracts, adopt a corporate seal, and possess...
- California Food and Agricultural Code Section 74741
A quorum of the commission is seven voting members of the commission. The vote of a majority of the board members or alternate members present...
- California Food and Agricultural Code Section 74742
The director or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission.
- California Food and Agricultural Code Section 74743
No board member or alternate member or member of a committee established by the commission who is a nonmember of the commission shall receive any...
- California Food and Agricultural Code Section 74744
All funds received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited...
- California Food and Agricultural Code Section 74745
The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of...
- California Food and Agricultural Code Section 74750
The powers and duties of the commission include, but are not limited to, all of those contained in this article.
- California Food and Agricultural Code Section 74751
The commission may adopt, amend, and repeal regulations and operating procedures necessary to carry out this chapter, including regulations governing appeals from actions taken by...
- California Food and Agricultural Code Section 74752
The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably...
- California Food and Agricultural Code Section 74753
The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers have...
- California Food and Agricultural Code Section 74754
The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other...
- California Food and Agricultural Code Section 74755
The commission may fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 74756
The commission may appoint committees composed of both board members and nonmembers of the commission to advise the commission in carrying out this chapter.
- California Food and Agricultural Code Section 74757
The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt...
- California Food and Agricultural Code Section 74758
The commission shall keep accurate books, records, and accounts of all its dealings, which shall be subject to an annual audit by an auditing firm...
- California Food and Agricultural Code Section 74759
The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect this chapter, to the extent permitted by...
- California Food and Agricultural Code Section 74760
The commission may make, in its name, contracts to receive or render services in formulating and conducting plans and programs and any other contracts or...
- California Food and Agricultural Code Section 74761
The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of information obtained from that research...
- California Food and Agricultural Code Section 74762
The commission may accept contributions or matching private, state, or federal funds, and employ or make contributions of funds to other persons or state or...
- California Food and Agricultural Code Section 74763
The commission may publish and distribute, without charge, bulletins or other communications for the dissemination of information to grape rootstock nurseries.
- California Food and Agricultural Code Section 74764
The commission shall establish an assessment rate to defray the operating costs of the commission.
- California Food and Agricultural Code Section 74765
The commission shall adopt an annual budget according to accepted accounting practices. The director shall concur in the adoption of the budget prior to the...
- California Food and Agricultural Code Section 74766
The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
- California Food and Agricultural Code Section 74767
All proprietary information obtained by the commission or the secretary from any source, including all lists of grape rootstock nurseries, shall be confidential and shall...
- California Food and Agricultural Code Section 74768
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations...
- California Food and Agricultural Code Section 74770
(a) Within 30 days of the effective date of this chapter, the director shall establish a list of grape rootstock nurseries eligible to vote on...
- California Food and Agricultural Code Section 74771
This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum vote conducted by...
- California Food and Agricultural Code Section 74772
The director shall use invoicable units or grape rootstock acreage in calculating the volume voted pursuant to Section 74771.
- California Food and Agricultural Code Section 74773
The director shall establish a period to conduct the referendum which shall not be less than 10 days nor more than 60 days in duration,...
- California Food and Agricultural Code Section 74774
The failure of a grape rootstock nursery to receive a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 74775
If the director finds that a favorable vote has been given as provided in Section 74771, the director shall certify and give notice of the...
- California Food and Agricultural Code Section 74776
If the director finds that a favorable vote has not been given as provided in Section 74771, the director shall certify and declare this chapter...
- California Food and Agricultural Code Section 74777
Upon certification of the commission, the director shall contact all grape rootstock nurseries by mail, or call meetings of nurseries, for the purpose of nominating...
- California Food and Agricultural Code Section 74778
Subsequent to the first election of board members pursuant to this chapter, persons to be elected to the commission shall be selected pursuant to nomination...
- California Food and Agricultural Code Section 74779
(a) Prior to the referendum vote conducted by the director pursuant to Section 74771, the proponents of the commission shall deposit with the director the...
- California Food and Agricultural Code Section 74785
(a) The commission shall establish the assessment for the following marketing year not later than April 1 of each year, or as soon thereafter as...
- California Food and Agricultural Code Section 74786
Every nursery, including nurseries exempt from the payment of assessments, shall keep a complete and accurate record of its acreage of grape rootstock and its...
- California Food and Agricultural Code Section 74787
Any assessment which is levied pursuant to this chapter is a personal debt of every nursery so assessed.
- California Food and Agricultural Code Section 74788
Any nursery that fails to file a return or pay any assessment within the time required by the commission shall pay the commission a penalty...
- California Food and Agricultural Code Section 74790
It is unlawful for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the commission....
- California Food and Agricultural Code Section 74791
The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a committee of...
- California Food and Agricultural Code Section 74792
(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and...
- California Food and Agricultural Code Section 74793
The suspension or termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter...
- California Food and Agricultural Code Section 74795
The commission shall conduct a referendum pursuant to Section 74771 no less frequently than every five years, commencing in 1998.
- California Food and Agricultural Code Section 74796
To dissolve the commission, a simple majority vote of the nine board members is required, or the vote of five of a quorum of members...
- California Food and Agricultural Code Section 74801
The production and distribution of winegrapes constitute an important industry of this state which provides substantial and necessary revenues for the state and employment for...
- California Food and Agricultural Code Section 74802
The maintenance and expansion of the winegrape industry of California and of its local, national, and foreign markets is necessary to assure the consuming public...
- California Food and Agricultural Code Section 74803
It is in the public interest that the public be made aware of accurate and scientific information relating to the beneficial qualities of winegrapes and...
- California Food and Agricultural Code Section 74804
The production and marketing of winegrapes and winegrape products produced in this state is hereby declared to be affected with a public interest. This chapter...
- California Food and Agricultural Code Section 74805
No action taken by the commission nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter...
- California Food and Agricultural Code Section 74806
This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that...
- California Food and Agricultural Code Section 74807
It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a...
- California Food and Agricultural Code Section 74807.5
The winegrape industry in this state is expanding. Opportunity exists for continued growth and expansion of the industry by creating new markets in areas of...
- California Food and Agricultural Code Section 74808
The commission form of administration created by this chapter is uniquely situated to provide those engaged in the production of winegrapes the opportunity to avail...
- California Food and Agricultural Code Section 74821
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 74822
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 74823
"Brandy" means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of whole, sound, ripe grapes or from...
- California Food and Agricultural Code Section 74824
"Commission" means the California Winegrape Growers Commission.
- California Food and Agricultural Code Section 74824.1
"Local commission" means any local commission created pursuant to this chapter.
- California Food and Agricultural Code Section 74825
"Grape concentrate" or "concentrate" means unfermented grape juice from which the major portion of the original water content has been removed.
- California Food and Agricultural Code Section 74826
"Grape juice" or "juice" means unfermented crushed grapes without solids containing the major portion of the original water content.
- California Food and Agricultural Code Section 74826.5
"Person" means any individual, firm, corporation, association, or other entity doing business in California.
- California Food and Agricultural Code Section 74827
"Producer" and "grower" are synonymous and, unless otherwise specified pursuant to Section 74922.1, mean any person who produced and marketed winegrapes in the preceding marketing...
- California Food and Agricultural Code Section 74828
"Producer districts" shall consist of the following: (a) District 1 consists of Lake, Solano, Mendocino, Sonoma, Marin, and Napa Counties. (b) District 2 consists of...
- California Food and Agricultural Code Section 74828.1
"Producer region," for the purpose of establishing and operating a local commission, shall consist of one or more grape crush report districts.
- California Food and Agricultural Code Section 74829
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 74829.5
"Handler" means any person engaged in the marketing of winegrapes or winegrape products that the person has produced, purchased, or acquired from a producer, or...
- California Food and Agricultural Code Section 74830
"High proof" means an alcoholic distillate or a mixture of distillates obtained from the fermented juice, mash, or wine of fresh winegrapes or from the...
- California Food and Agricultural Code Section 74831
"Market" means to sell, barter, trade, purchase, acquire, or otherwise distribute wine, winegrapes, or winegrape products.
- California Food and Agricultural Code Section 74832
"Market development" includes, but is not limited to, trade promotion, public information, dissemination of information on health and social issues and other matters, and activities...
- California Food and Agricultural Code Section 74833
"Market research" means any investigation, development, analysis, or implementation of information relating to the marketing of winegrapes and winegrape products including, but not limited to,...
- California Food and Agricultural Code Section 74834
"Marketing season" or "fiscal year" means the period beginning July 1 of any year and extending through June 30 of the following years.
- California Food and Agricultural Code Section 74835
"Must" means a mixture of unfermented crushed grapes, solid grape particles, and grape juice.
- California Food and Agricultural Code Section 74835.5
"Processing" means any processing of winegrapes for the purpose of making must, grape juice, grape concentrate, wine, winegrape products, or products thereof, including high proof
- California Food and Agricultural Code Section 74836
"Production research" means research relating to the production and processing of winegrapes, including, but not limited to, the development of new winegrape products and uses...
- California Food and Agricultural Code Section 74837
"Vintner" means a winegrower, as defined in Section 23013 of the Business and Professions Code, who holds a winegrower's license issued by the Department of...
- California Food and Agricultural Code Section 74838
"Wine" means the product obtained by the fermentation of winegrapes or juice therefrom, with or without addition or abstracting, and includes any product made from...
- California Food and Agricultural Code Section 74839
"Winegrapes" means grapes produced in this state which are intended to be converted from their fresh form into grape juice, grape concentrate, wine, or products...
- California Food and Agricultural Code Section 74840
"Winegrape products" include, but are not limited to, must, grape juice, grape concentrate, wine, high proof, and brandy produced from winegrapes.
- California Food and Agricultural Code Section 74861
There is in state government, the California Winegrape Growers Commission. The commission shall be composed of 18 producers and one public member. (a) Producers within...
- California Food and Agricultural Code Section 74861.1
There are, in state government, local commissions for producer regions. The producers in any producer region of this state may, pursuant to this chapter, establish...
- California Food and Agricultural Code Section 74862
Periodically, the number of producer members and their respective alternate members serving on the commission from any district shall be reapportioned in a manner that...
- California Food and Agricultural Code Section 74863
(a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be...
- California Food and Agricultural Code Section 74864
The commission or the secretary may bring an action for judicial relief from the secretary's written notice or from noncompliance by the commission with the...
- California Food and Agricultural Code Section 74865
When the secretary is required to concur in a decision of the commission, the secretary shall concur, refuse to concur, or request additional information from...
- California Food and Agricultural Code Section 74866
The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this...
- California Food and Agricultural Code Section 74866.1
(a) The secretary shall operate in the most efficient, cost-effective manner possible in carrying out his or her duties and responsibilities pursuant to this chapter....
- California Food and Agricultural Code Section 74867
Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member....
- California Food and Agricultural Code Section 74868
Any producer member and his or her alternate member shall be a person, or an employee representing a producer, who has a financial interest in...
- California Food and Agricultural Code Section 74869
The public member and his or her alternate member shall have all the rights, privileges, and powers of any other member of the commission. The...
- California Food and Agricultural Code Section 74870
The term of office of members and alternate members shall be for two years or until their successors have been elected and have qualified. However,...
- California Food and Agricultural Code Section 74871
No less than 10 producer members, including alternate members when acting in place of the members, shall constitute a quorum of the commission.
- California Food and Agricultural Code Section 74871.1
Not less than one-half of the producer members of any local commission, including alternate members when acting in the place of the members, shall constitute...
- California Food and Agricultural Code Section 74872
The vote of a majority of the members, or alternate members when acting in the place of the members, present at the meeting at which...
- California Food and Agricultural Code Section 74873
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 74874
The secretary or his or her representatives shall be notified and may attend meetings of the commission and any committee meetings of the commission.
- California Food and Agricultural Code Section 74875
No member of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary....
- California Food and Agricultural Code Section 74876
All funds received from the assessments levied pursuant to this chapter or otherwise received by the commission shall be deposited in banks which the commission...
- California Food and Agricultural Code Section 74877
(a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 74891
The powers and duties of the commission shall include, but are not limited to, all of those contained in this article.
- California Food and Agricultural Code Section 74892
The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders...
- California Food and Agricultural Code Section 74893
The commission may administer and enforce this chapter and do and perform all actions and exercise all powers incidental to, in connection with, or deemed...
- California Food and Agricultural Code Section 74894
The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers it deems necessary. The officers shall have...
- California Food and Agricultural Code Section 74895
The commission may employ a person to serve at the pleasure of the commission as president and other personnel, including legal counsel, necessary to carry...
- California Food and Agricultural Code Section 74896
The commission may fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 74897
The commission may appoint committees composed of both members and nonmembers of the commission.
- California Food and Agricultural Code Section 74898
The commission may establish offices, incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt of...
- California Food and Agricultural Code Section 74899
The commission shall keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing...
- California Food and Agricultural Code Section 74900
The commission may engage in market development and market research through plans and programs to enhance the sale of California winegrapes and winegrape products for...
- California Food and Agricultural Code Section 74900.1
Persons subject to any local commission established after January 1, 1993, may designate the manner in which assessments that he or she pays to the...
- California Food and Agricultural Code Section 74901
The commission may accept contributions of, or match, private, local, state, or federal funds and employ or make contributions of funds to other persons or...
- California Food and Agricultural Code Section 74901.5
The commission may present facts to, and negotiate with, local, state, federal, and foreign agencies on matters that affect the winegrape industry.
- California Food and Agricultural Code Section 74902
The commission may undertake appropriate research relating to the production and processing of winegrapes, including the development of new winegrape products and uses for these
- California Food and Agricultural Code Section 74903
The commission may publish and distribute bulletins or other communications relating to the California winegrape industry.
- California Food and Agricultural Code Section 74904
The commission may establish an assessment rate to defray operating costs of the commission.
- California Food and Agricultural Code Section 74905
The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary prior to disbursement of...
- California Food and Agricultural Code Section 74906
The commission shall submit to the secretary, for his or her concurrence, an annual statement of contemplated activities authorized pursuant to this chapter.
- California Food and Agricultural Code Section 74907
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations...
- California Food and Agricultural Code Section 74908
The secretary may require that any contract to which the commission is a party be submitted to the secretary for concurrence prior to the commission...
- California Food and Agricultural Code Section 74921
This chapter, except as necessary to conduct an implementation referendum, shall not become operative until the secretary finds, in a referendum conducted by him or...
- California Food and Agricultural Code Section 74922
(a) Upon receipt of a petition that the secretary determines is acceptable, the secretary shall establish a list of producers who are eligible to vote...
- California Food and Agricultural Code Section 74922.1
(a) Upon petition of at least three producers from any one producer region of this state, the secretary shall establish a list of producers who...
- California Food and Agricultural Code Section 74922.5
For the purpose of voting in the referendum required in Section 74921, only a person who would be required to pay the assessment as a...
- California Food and Agricultural Code Section 74923
In determining whether this chapter is applicable to growers, the secretary shall find that at least 40 percent of the total number of growers from...
- California Food and Agricultural Code Section 74923.1
In determining whether this chapter is applicable to growers in a producer region, the secretary shall find that at least 40 percent of the total...
- California Food and Agricultural Code Section 74924
The secretary shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days...
- California Food and Agricultural Code Section 74925
Nonreceipt of a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 74926
If the secretary finds that a favorable vote has not been given to the establishment of the commission as provided in this chapter, the secretary...
- California Food and Agricultural Code Section 74926.1
If the secretary finds that a favorable vote has not been given to the establishment of any local commission as provided in this chapter, the...
- California Food and Agricultural Code Section 74927
The petition to establish the commission shall name the persons designated to serve as producer members and their alternate members in the event the commission...
- California Food and Agricultural Code Section 74927.1
The petition to establish a local commission shall name the persons designated to serve as producer members and their alternate members, if any, in the...
- California Food and Agricultural Code Section 74928
Subsequent to the action taken pursuant to Section 74927, persons to be elected to the commission upon expiration of existing terms shall be selected pursuant...
- California Food and Agricultural Code Section 74928.1
Subsequent to the action taken pursuant to Section 74927.1, persons to be elected to a local commission shall be selected pursuant to the nomination and...
- California Food and Agricultural Code Section 74929
(a) Prior to the implementation referendum conducted by the secretary, the proponents of the commission shall deposit with the secretary the amount that the secretary...
- California Food and Agricultural Code Section 74951
(a) Prior to the beginning of each marketing season or as soon thereafter as possible, the commission shall establish an assessment rate for the marketing...
- California Food and Agricultural Code Section 74951.1
(a) The petition for a referendum to establish a local commission shall set forth the assessment rate which shall become effective during the first marketing...
- California Food and Agricultural Code Section 74952.5
(a) Unless exempted by this chapter, the commission shall levy the assessment on the producer if he or she does any of the following: (1)...
- California Food and Agricultural Code Section 74952.7
(a) Any producer who meets any of the requirements specified by subdivision (b) may apply to the secretary prior to the formation of the commission,...
- California Food and Agricultural Code Section 74953
This chapter shall not apply to winegrapes produced only for a producer's home use. However, any producer claiming this exemption shall file an affidavit with...
- California Food and Agricultural Code Section 74954
Every producer subject to this chapter and every vintner who purchases winegrapes from or processes winegrapes for producers shall maintain normal commercial records of all...
- California Food and Agricultural Code Section 74954.5
Producers subject to this chapter shall provide to local commissions the names of the vintners who purchase winegrapes from or process winegrapes for the producers....
- California Food and Agricultural Code Section 74955
All proprietary information obtained by the commission or the secretary from producers or vintners, and all lists of producers in the possession of the commission...
- California Food and Agricultural Code Section 74956
Any assessment levied by the commission, pursuant to this chapter, is a personal debt of every person so assessed and is due and payable to...
- California Food and Agricultural Code Section 74957
Any person who fails to file a return, or remit or pay any assessment within the time required by the commission shall pay to the...
- California Food and Agricultural Code Section 74971
It is a misdemeanor for any person to do any of the following: (a) Render or furnish a false report, statement, or record required by...
- California Food and Agricultural Code Section 74972
The commission shall establish procedures for the purpose of according individuals aggrieved by its acts or determinations an informal hearing. Appeals from decisions of the...
- California Food and Agricultural Code Section 74973
(a) The commission may commence civil action and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and...
- California Food and Agricultural Code Section 74974
Suspension or termination of this chapter in accordance with Article 8 (commencing with Section 74991) shall not result in any of the following: (a) Affecting,...
- California Food and Agricultural Code Section 74991
During the fifth year of operation of the commission, the commission shall cause a referendum to be conducted among producers to determine whether the commission...
- California Food and Agricultural Code Section 74992
Following an initial favorable referendum , a referendum shall be conducted by the commission every fifth year thereafter unless a referendum is conducted as a...
- California Food and Agricultural Code Section 74993
(a) Upon a finding by a two-thirds vote of the commission that this chapter has not tended to effectuate its declared purposes, the commission may...
- California Food and Agricultural Code Section 74994
(a) The secretary shall terminate the commission at the end of the current marketing season if the secretary finds that termination is requested in writing,...
- California Food and Agricultural Code Section 74995
After the effective date of suspension of this chapter, the operations of the commission shall be concluded and any and all funds remaining held by...
- California Food and Agricultural Code Section 74996
Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and vintners affected by the suspension...
- California Food and Agricultural Code Section 75001
Eggs and egg products constitute one of the basic, natural foods of the diet. The maintenance and expansion of existing markets and the development of...
- California Food and Agricultural Code Section 75002
The protection and enhancement of the reputation of eggs and egg products in intrastate, interstate, and foreign markets, and the elimination of unreasonable and unnecessary...
- California Food and Agricultural Code Section 75003
It is hereby declared to be the policy of this state to aid in the handling of eggs and egg products, to develop more efficient...
- California Food and Agricultural Code Section 75004
The production of eggs and egg products in this state and the marketing of eggs and egg products in this state, regardless of their point...
- California Food and Agricultural Code Section 75005
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, education, economic research and marketing
- California Food and Agricultural Code Section 75006
No action taken by the commission, or by any individual in accordance with this chapter or with the rules and regulations adopted under this chapter,...
- California Food and Agricultural Code Section 75007
The benefits conferred by the activities authorized pursuant to this chapter extend to those segments of the egg industry doing business within this state. Insofar...
- California Food and Agricultural Code Section 75021
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 75022
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 75023
"Commission" means the California Egg Commission.
- California Food and Agricultural Code Section 75024
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 75025
"Director" means the Director of Food and Agriculture.
- California Food and Agricultural Code Section 75026
"Districts" mean the following: (a) District 1 (Southern California) consists of the Counties of San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, Ventura, Santa...
- California Food and Agricultural Code Section 75027
"Eggs" means eggs from domesticated chickens handled in California for human consumption in shell egg form, except those eggs used for hatchery purposes.
- California Food and Agricultural Code Section 75027.5
(a) "Egg products" means eggs that are not sold or used for consumption in shell egg form and that have been processed into a nonshell...
- California Food and Agricultural Code Section 75028
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 75029
"Handle" means to engage in the business of a handler.
- California Food and Agricultural Code Section 75030
(a) "Handler" means the first person who sorts, grades, candles, or packages eggs, or who processes eggs into egg products, or who markets eggs or...
- California Food and Agricultural Code Section 75030.5
"Out-of-state handler" means any person located in another state who handles eggs or egg products, as specified in Section 75030, in California.
- California Food and Agricultural Code Section 75031
"Market" or "marketing" means to sell or otherwise cause to be distributed eggs or egg products into commercial channels of trade resulting in the sale...
- California Food and Agricultural Code Section 75032
"Marketing research" means any research relating to the sale of eggs or egg products.
- California Food and Agricultural Code Section 75033
"Marketing season" or "fiscal year" means the period beginning January 1 of each year and extending through December 31 of the same year. However, the...
- California Food and Agricultural Code Section 75033.5
"Person" means an individual, sole proprietorship, partnership, corporation, cooperative, limited liability company, firm, or other business entity.
- California Food and Agricultural Code Section 75035
"Producer" means any person who is engaged in the business of producing, or causing to be produced, eggs or egg products for market.
- California Food and Agricultural Code Section 75036
"Secondary handler" means any person who purchases from a handler, eggs or egg products that were previously subject to assessment under this chapter.
- California Food and Agricultural Code Section 75051
There is in the state government the California Egg Commission. The commission shall be composed of eight handler members and one public member. Of the...
- California Food and Agricultural Code Section 75052
The public member shall be appointed to the commission by the director from the nominees recommended by the commission.
- California Food and Agricultural Code Section 75053
The director, and other appropriate individuals and organizations, as determined by the commission, are ex officio members of the commission.
- California Food and Agricultural Code Section 75054
(a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be...
- California Food and Agricultural Code Section 75055
(a) Actions of the commission in violation of a written notice have no legal force or effect. The director, to the extent feasible, shall issue...
- California Food and Agricultural Code Section 75056
The commission may bring an action for judicial relief from the director's written notice, and the director may bring an action for judicial relief from...
- California Food and Agricultural Code Section 75057
The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this chapter....
- California Food and Agricultural Code Section 75058
(a) Three alternate handler members, one from each district and one who pays assessments exclusively on eggs or egg products produced outside of California, shall...
- California Food and Agricultural Code Section 75059
(a) Any vacancy on the commission occurring for any reason, including the failure of any elected member or elected alternate member to continue in his...
- California Food and Agricultural Code Section 75060
(a) Any handler member or his or her alternate shall be an individual, partner, or employee of a handler who has a financial interest in...
- California Food and Agricultural Code Section 75061
The public member or his or her alternate has all the powers, rights, responsibilities, and privileges of any other member on the commission. The public...
- California Food and Agricultural Code Section 75062
(a) Except as provided in subdivision (b), the term of office of the elected commissioners is three years from the date of their election and...
- California Food and Agricultural Code Section 75063
The public member shall serve a term of three years and shall remain on the commission after the expiration of three years until his or...
- California Food and Agricultural Code Section 75064
(a) The commission shall be and is hereby declared and created as a corporate body. (b) It may sue and be sued, may contract and...
- California Food and Agricultural Code Section 75065
A quorum of the commission is five voting commissioners. Except as otherwise provided in this chapter, the commission may act by a vote of a...
- California Food and Agricultural Code Section 75066
The director or his or her representatives shall be notified of, and may attend, each meeting of the commission and any committee meeting of the...
- California Food and Agricultural Code Section 75067
When a decision of the commission requires the concurrence of the director, he or she shall indicate his or her response, in writing, to the...
- California Food and Agricultural Code Section 75068
(a) No commissioner, including alternates, or a member of a committee established by the commission who is a nonmember of the commission, shall receive a...
- California Food and Agricultural Code Section 75069
(a) All funds received by any person from the assessments levied under the authority of this chapter, or otherwise received by the commission, shall be...
- California Food and Agricultural Code Section 75070
(a) The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the...
- California Food and Agricultural Code Section 75081
The powers and duties of the commission, subject to Sections 75054 and 75055, shall include, but are not limited to, all of the powers and...
- California Food and Agricultural Code Section 75082
The commission shall adopt and, from time to time, alter, rescind, modify, and amend in a manner prescribed by the commission, all proper and necessary...
- California Food and Agricultural Code Section 75083
The commission shall administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably...
- California Food and Agricultural Code Section 75084
The commission shall appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers that it deems necessary. The officers have...
- California Food and Agricultural Code Section 75085
(a) The commission shall employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and...
- California Food and Agricultural Code Section 75086
The commission shall fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 75087
The commission may appoint committees which may be composed of both members and nonmembers of the commission to advise the commission in carrying out this
- California Food and Agricultural Code Section 75088
The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow funds in advance of receipt...
- California Food and Agricultural Code Section 75089
(a) The commission shall keep accurate books, records, and accounts of all of its dealings, which books, records, and accounts are subject to an annual...
- California Food and Agricultural Code Section 75090
The commission shall promote the sale of eggs and egg products by advertising and other promotional means, including cost-sharing advertising, to maintain and expand present...
- California Food and Agricultural Code Section 75090.5
(a) The commission may petition the secretary to adopt and administer any activity authorized by the California Marketing Act of 1937, Chapter 1 (commencing with...
- California Food and Agricultural Code Section 75091
The commission shall educate and instruct the wholesale and retail trade with respect to proper methods of handling and marketing eggs and egg products, to...
- California Food and Agricultural Code Section 75092
The commission may enter into contracts to render services in formulating and conducting plans, programs, and any other contracts and agreements that the commission decides...
- California Food and Agricultural Code Section 75092.5
The commission may accept contributions for the purpose of carrying out any activity consistent with this chapter.
- California Food and Agricultural Code Section 75093
(a) The commission may conduct, and contract with others to conduct, marketing research, including the study, analysis, dissemination, and accumulation of information obtained from the...
- California Food and Agricultural Code Section 75094
The commission may publish and distribute, without charge, bulletins or other communications for dissemination of information relating to commission activities and other related matters to...
- California Food and Agricultural Code Section 75095
Pursuant to Section 75131, the commission shall establish an assessment rate to defray operating costs of the commission.
- California Food and Agricultural Code Section 75096
(a) The commission shall prepare an annual budget according to generally accepted accounting practices. (b) Except for disbursements to pay the compensation of the employees...
- California Food and Agricultural Code Section 75097
The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter, including advertising, promotion,...
- California Food and Agricultural Code Section 75098
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for criminal violation of...
- California Food and Agricultural Code Section 75111
(a) Within 90 days after the effective date of this chapter, the director shall establish a list of handlers subject to the provisions of this...
- California Food and Agricultural Code Section 75112
This chapter, except as necessary to conduct an implementation referendum, does not become operative until the director finds in a referendum conducted by him or...
- California Food and Agricultural Code Section 75113
The director shall establish a period in which to conduct the referendum which shall not be less than 10 days or more than 60 days...
- California Food and Agricultural Code Section 75114
Nonreceipt of a ballot does not invalidate a referendum.
- California Food and Agricultural Code Section 75115
If the director finds that a favorable vote has been given as provided in Section 75112, he or she shall certify and give notice of...
- California Food and Agricultural Code Section 75116
If the director finds that a favorable vote has not been given as provided in Section 75112, he or she shall so certify and declare...
- California Food and Agricultural Code Section 75117
(a) Upon certification of the commission, as provided in Section 75115, the director shall, by mail ballot or by calling a meeting of all handlers,...
- California Food and Agricultural Code Section 75118
Subsequent to the first election of commissioners under this chapter, persons to be elected to the commission shall be selected pursuant to the nomination and...
- California Food and Agricultural Code Section 75119
(a) Prior to the implementation referendum conducted by the director pursuant to Section 75112, the proponents of the commission shall deposit with the director the...
- California Food and Agricultural Code Section 75120
Upon creation of the commission, the commission is authorized to reimburse the proponents of the commission for any funds deposited with the director which were...
- California Food and Agricultural Code Section 75131
(a) The assessment on eggs and egg products shall be established by the commission, with the approval of not less than five handler members, prior...
- California Food and Agricultural Code Section 75131.3
The assessment established pursuant to Section 75131 may be collected from out-of-state handlers in accordance with procedures established by the commission on eggs or egg...
- California Food and Agricultural Code Section 75131.5
Prior to the beginning of each marketing season and during the 1984 marketing season, the commission, with the concurrence of the director, may exempt the...
- California Food and Agricultural Code Section 75132
(a) This chapter does not apply to any person who handles not more than 26,000 cases of eggs per year, or the equivalent thereof, and...
- California Food and Agricultural Code Section 75133
Every handler, and any person required to be registered pursuant to Section 75135.5, shall keep a complete and accurate record of all eggs and egg...
- California Food and Agricultural Code Section 75134
(a) All proprietary information obtained by the commission or the secretary from handlers is confidential and shall not be disclosed except when required by court...
- California Food and Agricultural Code Section 75135
Assessments shall be levied upon the handler for all eggs and egg products handled by him or her that were not previously assessed by the...
- California Food and Agricultural Code Section 75135.5
Persons handling eggs or egg products in California which originated out of state, including persons shipping eggs or egg products into California, shall register with...
- California Food and Agricultural Code Section 75136
Every handler is personally liable for the payment of the assessments. Any handler who fails to file records as prescribed by the commission or pay...
- California Food and Agricultural Code Section 75137
(a) For any period during which the federal Egg Marketing Order (7 C.F. R. 994) and any resulting regulations are in effect and for which...
- California Food and Agricultural Code Section 75151
It is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding five hundred dollars ($500), or...
- California Food and Agricultural Code Section 75152
(a) The commission shall establish procedures for the purpose of addressing any claims made against the commission or any of its individual members and alternates,...
- California Food and Agricultural Code Section 75153
(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and...
- California Food and Agricultural Code Section 75154
Any action for any penalty or other remedy which is prescribed under this chapter shall be commenced within two years from the date of the...
- California Food and Agricultural Code Section 75155
It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under...
- California Food and Agricultural Code Section 75156
This chapter shall be liberally construed. If any section, clause, or part of this chapter is for any reason held to be unconstitutional or invalid...
- California Food and Agricultural Code Section 75171
(a) Between January 1, 1989, and December 31, 1989, the commission shall conduct a referendum among handlers. A favorable vote under this chapter shall be...
- California Food and Agricultural Code Section 75172
(a) Following a favorable referendum conducted prior to December 31, 1989, a referendum shall be conducted by the commission every fifth year thereafter between January...
- California Food and Agricultural Code Section 75173
(a) Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes,...
- California Food and Agricultural Code Section 75174
Prior to any referendum resulting from a petition filed in accordance with Section 75173, the petitioners shall deposit with the director an amount that the...
- California Food and Agricultural Code Section 75175
(a) After the effective date of suspension of the operation of this chapter and of the commission, the operations of the commission shall be concluded...
- California Food and Agricultural Code Section 75176
Upon suspension of the operation of this chapter and of the commission, the commission shall mail a copy of the notice of suspension to all...
- California Food and Agricultural Code Section 75501
The production and marketing of apples constitute an important industry of this state which provides substantial and necessary revenues for the state and employment for...
- California Food and Agricultural Code Section 75502
The maintenance of the apple industry of California is necessary to assure the public of a continuous supply of this vital food product and the...
- California Food and Agricultural Code Section 75503
The production and marketing of apples produced in this state are hereby declared to be affected with a public interest. This chapter is enacted in...
- California Food and Agricultural Code Section 75504
No action taken by the commission or by any individual in accordance with this chapter or with the regulations adopted under this chapter, is a...
- California Food and Agricultural Code Section 75505
This chapter shall be liberally construed. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the...
- California Food and Agricultural Code Section 75506
It is hereby declared as a matter of legislative determination that members of the commission are intended to represent and further the interest of a...
- California Food and Agricultural Code Section 75507
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research...
- California Food and Agricultural Code Section 75511
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 75511.5
"Apple" means any variety of apple that is grown in this state and marketed for fresh consumption.
- California Food and Agricultural Code Section 75512
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this
- California Food and Agricultural Code Section 75513
"Commission" means the California Apple Commission.
- California Food and Agricultural Code Section 75514
(a) "Districts" consist of the following: (1) District 1 consists of the Counties of Imperial, Kern, San Bernardino, San Diego, San Luis Obispo, Santa Barbara,...
- California Food and Agricultural Code Section 75515
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 75516
"Handler" means any person engaged in packing apples for fresh consumption or engaged in marketing apples for fresh consumption that the person has produced or...
- California Food and Agricultural Code Section 75518
"Market" or "marketing" means to sell apples.
- California Food and Agricultural Code Section 75519
"Marketing research" means any research relating to the sale of apples.
- California Food and Agricultural Code Section 75520
"Marketing year" means the period beginning July 1 of each year and extending through June 30 of the following year.
- California Food and Agricultural Code Section 75520.5
"Member" means a person who serves on the commission's board of directors.
- California Food and Agricultural Code Section 75521
"Pack," "packing," or "packed" means the regular compact arrangement of all or part of the fruit in any container or subcontainer.
- California Food and Agricultural Code Section 75522
"Person" means any individual, firm, corporation, association, or other entity doing business in California.
- California Food and Agricultural Code Section 75523
"Producer" means any person who is engaged in the business of producing, or causing to be produced, apples for market, and who, upon request of...
- California Food and Agricultural Code Section 75524
"Production research" means any research related to pest control and to the production, harvest, and postharvest handling of apples, other than marketing research.
- California Food and Agricultural Code Section 75525
"Sale" means the point at which the producer transfers title of apples in exchange for financial compensation or other valuable consideration. A sale may occur...
- California Food and Agricultural Code Section 75526
"Secretary" means the Secretary of Food and Agriculture.
- California Food and Agricultural Code Section 75531
(a) There is in the state government the California Apple Commission. (b) Except as provided in subdivision (e), the commission shall consist of 12 producer...
- California Food and Agricultural Code Section 75532
(a) The secretary may require the commission to correct or cease any activity or function of the commission that is determined by the secretary not...
- California Food and Agricultural Code Section 75533
The commission or the secretary may bring an action for judicial relief from the secretary's written notice, or from noncompliance by the commission with the...
- California Food and Agricultural Code Section 75534
If the secretary is required to concur in a decision of the commission, the secretary shall concur, refuse to concur, or request additional information from...
- California Food and Agricultural Code Section 75535
The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this...
- California Food and Agricultural Code Section 75536
(a) Three alternative members, one from each district, shall be selected pursuant to procedures adopted by the commission. (b) Under procedures established by the commission,...
- California Food and Agricultural Code Section 75537
Any vacancy on the commission occurring by the failure of any person elected to or serving on the commission as a member or alternate member...
- California Food and Agricultural Code Section 75538
(a) Any producer member shall be a producer or an employee representing a producer who has a financial interest in producing, or causing to be...
- California Food and Agricultural Code Section 75539
The term of office of each member, except ex officio members, is four years, commencing with the beginning of the marketing year following his or...
- California Food and Agricultural Code Section 75541
The commission is hereby declared and created a corporate body. It may sue and be sued, enter into contracts, adopt a seal, and has all...
- California Food and Agricultural Code Section 75542
A quorum of the commission is a majority of the voting members. Except as otherwise provided in this chapter, the vote of a majority of...
- California Food and Agricultural Code Section 75543
The secretary or his or her representatives shall be notified and may attend each meeting of the commission and any committee meeting of the commission....
- California Food and Agricultural Code Section 75544
No member or alternate member of the commission, or member of a committee established by the commission who is a nonmember of the commission, shall...
- California Food and Agricultural Code Section 75545
All funds received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited...
- California Food and Agricultural Code Section 75546
The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of...
- California Food and Agricultural Code Section 75581
The powers and duties of the commission shall include, but are not limited to, all of those specified in this article.
- California Food and Agricultural Code Section 75582
The commission may adopt, amend, and repeal regulations and operating procedures necessary to carry out this chapter, including regulations governing appeals from actions taken by...
- California Food and Agricultural Code Section 75583
The commission may administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or deemed reasonably...
- California Food and Agricultural Code Section 75584
The commission may appoint its own officers, including a chairperson, one or more vice chairpersons, and other officers as it deems necessary. The officers have...
- California Food and Agricultural Code Section 75585
The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other...
- California Food and Agricultural Code Section 75586
The commission may fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 75587
The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- California Food and Agricultural Code Section 75588
The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, borrow funds in advance of receipt of...
- California Food and Agricultural Code Section 75589
The commission shall keep accurate books, records, and accounts of all its dealings that shall be subject to an annual audit by an auditing firm...
- California Food and Agricultural Code Section 75590
The commission may present facts to, and negotitate with, state, federal, and foreign agencies on matters which affect this chapter.
- California Food and Agricultural Code Section 75591
The commission may make, in its name, contracts to receive or render services in formulating and conducting plans and programs and any other contracts or...
- California Food and Agricultural Code Section 75592
The commission may conduct, and contract with others to conduct, production research, including the study, analysis, accumulation, and dissemination of information obtained from that research...
- California Food and Agricultural Code Section 75593
The commission may accept contributions of private, state, or federal funds, and make contributions of funds to other persons or state or federal agencies, for...
- California Food and Agricultural Code Section 75594
The commission may promote the sale of apples by advertising and other promotional means, including cost sharing advertising, for the purpose of maintaining and expanding...
- California Food and Agricultural Code Section 75595
The commission may collect information, and publish and distribute without charge, bulletins and other communications for dissemination of information.
- California Food and Agricultural Code Section 75595.5
The commission may establish an annual assessment rate to defray the operating costs of the commission.
- California Food and Agricultural Code Section 75596
The commission shall adopt an annual budget according to accepted practices. The secretary shall concur in the adoption of the budget prior to the encumbrance...
- California Food and Agricultural Code Section 75597
The commission shall annually prepare and submit to the secretary, for his or her concurrence, a statement of contemplated activities authorized pursuant to this chapter.
- California Food and Agricultural Code Section 75598
The commission and the secretary shall keep confidential and shall not disclose, except when required by court order in a judicial proceeding, all lists of...
- California Food and Agricultural Code Section 75599
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations...
- California Food and Agricultural Code Section 75601
(a) The commission may recommend to the secretary the adoption of maturity standards authorized pursuant to the California Marketing Act of 1937 (Chapter 1 (commencing...
- California Food and Agricultural Code Section 75602
(a) In order to prevent unfair trade practices, which are detrimental to California's apple industry, including, but not limited to, deception and misinformation, the commission...
- California Food and Agricultural Code Section 75611
(a) Within 90 days of the effective date of the amendments made to this section during the 1994 portion of the 1993-94 Regular Session of...
- California Food and Agricultural Code Section 75612
This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds, in a referendum vote conducted by...
- California Food and Agricultural Code Section 75613
The secretary shall establish a period to conduct the referendum that shall not be less than 10 days or more than 60 days in duration,...
- California Food and Agricultural Code Section 75614
The failure of an eligible producer to receive a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 75615
If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of the...
- California Food and Agricultural Code Section 75616
If the secretary finds that a favorable vote has not been given as provided in this article, the secretary shall certify and declare this chapter...
- California Food and Agricultural Code Section 75617
Upon certification of the commission, the secretary shall appoint the producer and handler members of the initial commission's board of directors from a list of...
- California Food and Agricultural Code Section 75618
Subsequent to the first election of members of the commission pursuant to this chapter, persons to be elected to the commission shall be selected pursuant...
- California Food and Agricultural Code Section 75619
(a) Prior to the secretary holding the referendum pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that...
- California Food and Agricultural Code Section 75630
(a) The commission shall establish the assessment for the marketing year by July 1 of each year or as soon thereafter as is possible. (b)...
- California Food and Agricultural Code Section 75631
This chapter shall not apply to producers who produce no more than 40,000 pounds of apples per year and to production on a noncommercial basis...
- California Food and Agricultural Code Section 75632
Every handler shall keep a complete and accurate record of all apples handled. The records shall be in simple form and contain information as the...
- California Food and Agricultural Code Section 75633
(a) All proprietary information obtained by the commission or the secretary from producers or handlers is confidential and shall not be disclosed except when required...
- California Food and Agricultural Code Section 75634
Any assessment which is imposed on the producer as provided for in this chapter is a personal debt of that producer.
- California Food and Agricultural Code Section 75635
Every handler is personally liable for the payment of the assessments to the commission. The failure of a handler to collect the assessment shall not...
- California Food and Agricultural Code Section 75636
Any producer or handler who fails to file a return or pay the assessment within the time required by the commission shall pay to the...
- California Food and Agricultural Code Section 75637
If the producer or handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included,...
- California Food and Agricultural Code Section 75641
It is a misdemeanor for any person to do any of the following: (a) Refuse to render a report, statement, or record required by the...
- California Food and Agricultural Code Section 75642
The commission shall adopt procedures to grant individuals aggrieved by its actions or determinations an informal hearing before the commission or before a committee of...
- California Food and Agricultural Code Section 75643
(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and...
- California Food and Agricultural Code Section 75643.1
Any action by the commission to recover any penalty or obtain any other remedy that is prescribed under this chapter shall be commenced within two...
- California Food and Agricultural Code Section 75643.2
It is not necessary for the commission to allege or prove that an adequate remedy at law does not exist in any action brought under...
- California Food and Agricultural Code Section 75644
The suspension or termination of this chapter shall not affect or waive any right, duty, obligation, or liability which has arisen or which may thereafter...
- California Food and Agricultural Code Section 75651
Every five years after the implementation of this chapter, or every fifth year after an industry-petitioned referendum pursuant to Section 75654, the secretary shall hold...
- California Food and Agricultural Code Section 75652
If the secretary finds after conducting a hearing that no substantial question exists regarding whether the operation of this chapter should be continued or that...
- California Food and Agricultural Code Section 75653
(a) Upon a finding by a two-thirds vote of the membership of the commission that the operation of this chapter has not tended to effectuate...
- California Food and Agricultural Code Section 75654
(a) The secretary shall terminate the commission at the end of the then current marketing year if the secretary finds that the termination of the...
- California Food and Agricultural Code Section 75655
After the effective date of the suspension, the operation of the commission shall be concluded and any and all funds remaining, held by the commission,...
- California Food and Agricultural Code Section 75656
Upon suspension of this chapter, the commission shall mail a copy of the notice of suspension to all producers and handlers whose names and addresses...
- California Food and Agricultural Code Section 76001
The inability of cherry producers to maintain or expand present markets for California cherries may result in unnecessary economic waste.
- California Food and Agricultural Code Section 76002
These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is, therefore, in the public interest to...
- California Food and Agricultural Code Section 76003
The promotional, educational, economic, and marketing research, and any similar activities authorized by this chapter will serve to expand existing markets, create new markets for...
- California Food and Agricultural Code Section 76004
It is hereby declared to be the policy of this state to aid in preventing economic waste in the marketing of cherries, to develop more...
- California Food and Agricultural Code Section 76005
A commission form of administration created by this chapter is designed to deal with the broad fields of advertising, promotion, marketing research, and production research.
- California Food and Agricultural Code Section 76006
No action taken by the commission, nor by any individual in accordance with this chapter or with the rules and regulations adopted under the chapter,...
- California Food and Agricultural Code Section 76021
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Food and Agricultural Code Section 76022
"Cherry" means any variety of cherry produced in the state, including any cherries produced in this state and delivered to a processor for processing into...
- California Food and Agricultural Code Section 76023
"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to the...
- California Food and Agricultural Code Section 76024
"Commission" means the California Cherry Commission.
- California Food and Agricultural Code Section 76025
"Commissioner" means any member of the commission.
- California Food and Agricultural Code Section 76026
"Grower-handler" means any person who engages in the operation of selling, marketing, or distributing cherries which he or she has produced. When the grower-handler is...
- California Food and Agricultural Code Section 76027
"Shipper" means any person who engages in the operation of selling, marketing, handling, or distributing cherries which he or she has purchased or acquired from...
- California Food and Agricultural Code Section 76028
"Ex officio member" means a nonvoting member of the commission.
- California Food and Agricultural Code Section 76029
"Processor" means every person and every plant within this state to whom or to which cherries are delivered for the purpose of drying, dehydrating, canning,...
- California Food and Agricultural Code Section 76030
"Marketing research" means any research relating to the marketing of cherries.
- California Food and Agricultural Code Section 76031
"Marketing season" or "fiscal year" means the period beginning on April 1 of any year and extending through March 31 of the next year.
- California Food and Agricultural Code Section 76032
"Process" means to engage in the business of a processor.
- California Food and Agricultural Code Section 76033
"Producer" or "grower" means any person who is engaged within this state in the business of producing or causing to be produced on land totaling...
- California Food and Agricultural Code Section 76034
"Production research" means any research related to the production, harvest, and postharvest handling of cherries, other than marketing research.
- California Food and Agricultural Code Section 76051
(a) There is in state government the California Cherry Commission. The commission is composed of eight cherry producers or grower-handlers who are not shippers, two...
- California Food and Agricultural Code Section 76052
(a) The districts consist of the following: (1) District 1 is all that area in San Joaquin County east of Jack Tone Road or any...
- California Food and Agricultural Code Section 76053
When the director is required to concur in a decision of the commission, he or she shall indicate his or her response to the commission...
- California Food and Agricultural Code Section 76054
(a) The director may require the commission to correct or cease any existing activity or function which is determined by the director not to be...
- California Food and Agricultural Code Section 76055
The commission or the director may bring an action for judicial relief from the director's written notice, or from noncompliance by the commission with the...
- California Food and Agricultural Code Section 76056
The commission shall reimburse the director for all expenditures incurred by the director in carrying out his or her duties and responsibilities under this chapter....
- California Food and Agricultural Code Section 76057
Each member of the commission, except the ex officio members, shall have an alternate member to be elected in the same manner as the member....
- California Food and Agricultural Code Section 76058
Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in...
- California Food and Agricultural Code Section 76059
(a) Any producer member, grower-handler member, or the member's alternate on the commission shall be an individual or an employee representing a producer who has...
- California Food and Agricultural Code Section 76060
The public member or his or her alternate on the commission, shall have all the powers, rights, and privileges of any other member on the...
- California Food and Agricultural Code Section 76061
The term of office of all members of the commission, except any ex officio member, shall be two years from the date of their election...
- California Food and Agricultural Code Section 76062
The commission shall be and is hereby declared and created a corporate body. It shall have the power to sue and be sued, to contract...
- California Food and Agricultural Code Section 76063
A quorum of the commission shall be any six voting commissioners. Except for Sections 76052 and 76182, the vote of the majority of members present...
- California Food and Agricultural Code Section 76064
The director or his or her representative shall be notified and may attend meetings of the commission, including committee meetings.
- California Food and Agricultural Code Section 76065
No member of the commission or member of a committee established by the commission shall receive a salary. Each member of the commission, except ex...
- California Food and Agricultural Code Section 76066
All money received by any person from the assessments levied under the authority of this chapter or otherwise received by the commission, shall be deposited...
- California Food and Agricultural Code Section 76067
(a) The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration...
- California Food and Agricultural Code Section 76081
The powers and duties of the commission include, but are not limited to, all of the powers and duties enumerated in this article.
- California Food and Agricultural Code Section 76082
The commission may adopt and from time to time alter, rescind, modify, and amend all proper and necessary bylaws, rules, regulations, operating procedures, and orders...
- California Food and Agricultural Code Section 76083
The commission may administer and enforce this chapter, and do and perform all acts and exercise all powers incidental to, or in connection with, or...
- California Food and Agricultural Code Section 76084
The commission may appoint its own officers, including a chairman, one or more vice chairmen, and any other officers that it deems necessary. The officers...
- California Food and Agricultural Code Section 76085
The commission may employ a person to serve at the pleasure of the commission as president and chief executive officer of the commission, and other...
- California Food and Agricultural Code Section 76086
The commission may fix the compensation for all employees of the commission.
- California Food and Agricultural Code Section 76087
The commission may appoint committees composed of both members and nonmembers of the commission, such as a processor or shipper advisory committee, to advise the...
- California Food and Agricultural Code Section 76088
The commission may establish offices, incur expenses, enter into contracts and agreements, create liabilities, and borrow funds in advance of receipt of assessments that may...
- California Food and Agricultural Code Section 76089
(a) The commission shall keep accurate books, records, and accounts of all its dealings, which shall be subject to an annual audit by an auditing...
- California Food and Agricultural Code Section 76090
The commission may promote the sale of cherries by advertising and other promotional means, including cost-sharing advertising, for the purpose of maintaining and expanding present...
- California Food and Agricultural Code Section 76091
The commission may educate and instruct the wholesale and retail trade with respect to proper methods of handling and selling cherries; make market surveys and...
- California Food and Agricultural Code Section 76092
The commission may make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts...
- California Food and Agricultural Code Section 76093
The commission may conduct and contract with others to conduct scientific research, including the study, analysis, dissemination, and accumulation of information obtained from research or...
- California Food and Agricultural Code Section 76094
The commission may publish and distribute, without charge, a bulletin or other communication for dissemination of information to producers, shippers, grower-handlers, and processors.
- California Food and Agricultural Code Section 76095
The commission may establish an assessment rate to defray operating costs of the commission.
- California Food and Agricultural Code Section 76096
The commission may establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the director prior to disbursement of...
- California Food and Agricultural Code Section 76097
The commission shall submit to the director, for his or her concurrence, an annual statement of contemplated activities authorized under this chapter.
- California Food and Agricultural Code Section 76098
The commission may manage, if requested by an advisory board, a board of directors, or any other authorized agent, any governmental program establishing grades and...
- California Food and Agricultural Code Section 76099
The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations...
- California Food and Agricultural Code Section 76111
(a) Within 90 days after a request by the proponents of the commission, or as soon thereafter as possible, the director shall establish a list...
- California Food and Agricultural Code Section 76112
This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the director finds, in a referendum conducted by the...
- California Food and Agricultural Code Section 76113
(a) The director shall establish a period in which to conduct the referendum which shall not be less than 10 days nor more than 60...
- California Food and Agricultural Code Section 76114
Nonreceipt of a ballot shall not invalidate a referendum.
- California Food and Agricultural Code Section 76115
If the director finds that a favorable vote has been given as provided in this article, he or she shall certify and declare this chapter...
- California Food and Agricultural Code Section 76116
If the director finds that a favorable vote has not been given as provided in this article, he or she shall so certify and declare...
- California Food and Agricultural Code Section 76117
Upon certification of the commission, the director shall contact, by mail, every producer and grower-handler in each district and every shipper or shall call meetings...
- California Food and Agricultural Code Section 76118
To be eligible for election to the commission, producer, grower-handler, and shipper nominees must present to the director a nomination petition with signatures of at...
- California Food and Agricultural Code Section 76119
Subsequent to the first election of members of the commission pursuant to this chapter, persons to be elected to the commission shall be selected pursuant...
- California Food and Agricultural Code Section 76120
(a) Prior to the referendum vote conducted by the director pursuant to this article, the proponents of the commission shall deposit with the director any...
- California Food and Agricultural Code Section 76141
(a) The commission shall, not later than April 20 of each year, establish the assessment for the following marketing season, which shall not exceed fifteen...
- California Food and Agricultural Code Section 76142
This chapter does not apply to cherries produced for the producer's home use, to cherries used only for ornamental purposes, or to cherries grown on...
- California Food and Agricultural Code Section 76143
(a) Every processor, shipper, and grower-handler shall keep a complete and accurate record of all cherries processed, shipped, or grower handled by him or her,...
- California Food and Agricultural Code Section 76144
All proprietary information obtained by the commission or the director from producers, processors, shippers, or grower-handlers is confidential and shall not be disclosed except when...
- California Food and Agricultural Code Section 76145
Assessments shall be upon the producer. The first shipper, grower-handler, or processor of cherries being assessed shall deduct the assessment from amounts paid by him...
- California Food and Agricultural Code Section 76146
Every processor, shipper, and grower-handler is personally liable for the payment of the collected assessments, and failure of the processor, shipper or grower-handler to collect...
- California Food and Agricultural Code Section 76147
Any assessment which is levied as provided for in this chapter, is a personal debt of every producer so assessed. Failure of a processor, shipper,...
- California Food and Agricultural Code Section 76148
Any producer, processor, shipper, or grower-handler who fails to file a return or pay any assessment within the time required by the commission shall pay...
- California Food and Agricultural Code Section 76161
It is unlawful to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission. (b)...
- California Food and Agricultural Code Section 76162
The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the commission, or before...
- California Food and Agricultural Code Section 76163
(a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and...
- California Food and Agricultural Code Section 76181
Except as otherwise specified in this article, the commission shall cause a referendum to be conducted among producers pursuant to Article 5 (commencing with Section...
- California Food and Agricultural Code Section 76182
If a referendum is conducted as the result of a petition pursuant to Section 76183, it shall be conducted every fifth year following the industry...
- California Food and Agricultural Code Section 76183
Upon a finding by a two-thirds vote of the commission that the operation of this chapter has not tended to effectuate its declared purposes, the...
- California Food and Agricultural Code Section 76183.5
(a) The director shall terminate the commission at the end of the current marketing season if requested in writing, within a 90-day period, by at...
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