California Food and Agricultural Code GENERAL PROVISIONS AND DEFINITIONS

• Section 1.
  This act shall be known as the “Food and Agricultural Code.”(Amended By Stats. 1972, Ch. 225.)
• Section 3.
  It is hereby declared, as a matter of legislative determination, that the provisions of this code are enacted in the exercise of the power of...
• Section 4.
  The provisions of this code, insofar as they are substantially the same as existing law, are restatements and continuations of existing law, and not new...
• Section 5.
  All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which...
• Section 6.
  No action or proceeding which is commenced before this code takes effect, and no right which is accrued, is affected by any provision of this...
• Section 7.
  (a) Any person in whom the enforcement of any provision of this code is vested shall have the authority, as a public officer, to arrest, without...
• Section 8.
  The district attorney of any county in which a violation of any provision of this code occurs shall, upon request of any enforcing officer or...
• Section 9.
  Unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor.(Enacted by Stats. 1967, Ch. 15.)
• Section 10.
  Whenever any notice, report, statement, or record is required by this code, it shall be in writing unless it is expressly provided that it may...
• Section 10.5.
  It is unlawful for any person to alter any record or document in the office of a commissioner required to be filed pursuant to any...
• Section 11.
  Whenever any notice, report, statement, or record is required by this code to be kept or made in writing, it shall be in the English...
• Section 12.
  Unless otherwise specifically provided, whenever any document is required or permitted by this code to be recorded, it shall be recorded in the office of...
• Section 13.
  Whenever any power or authority is given by this code to any person, it may be exercised by any deputy, inspector, or agent who is...
• Section 14.
  Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such regulations shall be...
• Section 15.
  Whenever reference is made to any portion of this code or of any other law of this state, the reference applies to all amendments and...
• Section 16.
  Division, part, chapter, and article headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.(Enacted by Stats....
• Section 17.
  If any provision of this code or its application to any person or circumstance is held invalid, the remainder of the code or the application...
• Section 18.
  In all matters which arise under this code, proof of the fact of possession by any person engaged in the sale of a commodity establishes...
• Section 19.
  Unless the context otherwise requires, the present tense includes the past and future tenses, and the future, the present tense.(Enacted by Stats. 1967, Ch. 15.)
• Section 20.
  Unless the context otherwise requires, the masculine gender includes the feminine and neuter.(Enacted by Stats. 1967, Ch. 15.)
• Section 21.
  Unless the context otherwise requires, the singular number includes the plural, and the plural the singular.(Enacted by Stats. 1967, Ch. 15.)
• Section 22.
  Inasmuch as the planned production of trees is distinguishable from the production of other products of the soil only in relation to the time elapsing...
• Section 23.
  (a) Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants, floricultural crops, and other horticultural crops is distinguishable from the production of other...
• Section 23.5.
  The commercial production of aquatic plants and animals propagated and raised by a registered aquaculturist pursuant to Section 15101 of the Fish and Game Code...
• Section 23.6.
  The Legislature hereby finds and declares that greenhouse production of floricultural, ornamental, or other nursery and agricultural products in the state is a growing industry...
• Section 23.7.
  The Legislature hereby finds and declares that vermiculture in the state is a growing industry and that use of vermiculture and vermiculture by-products for the...
• Section 24.
  It is hereby declared, as a matter of legislative determination, that the provisions of this section are enacted in the exercise of the power of...
• Section 24.5.
  Inasmuch as plants growing in native stands or planted for ornamental purposes contribute to the environmental and public health and welfare needs of the people...
• Section 25.
  Unless the context otherwise requires, the definitions in the following sections govern the construction of this code.(Enacted by Stats. 1967, Ch. 15.)
• Section 25.5.
  “Aquaculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, harvesting, processing, distribution, and marketing of aquatic plants and animals in marine, brackish,...
• Section 26.
  “Commissioner” means any county agricultural commissioner.(Enacted by Stats. 1967, Ch. 15.)
• Section 29.
  “County” includes city and county.(Enacted by Stats. 1967, Ch. 15.)
• Section 32.
  “Department” means the Department of Food and Agriculture.(Amended by Stats. 1972, Ch. 225. Note: See this section as modified on July 17, 1991, in Governor's...
• Section 33.
  “Greenhouse” means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including...
• Section 35.
  “Secretary” means the Secretary of Food and Agriculture.(Amended by Stats. 1993, Ch. 42, Sec. 1. Effective January 1, 1994.)
• Section 36.
  “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.(Added by Stats. 2016, Ch. 50, Sec. 43. (SB 1005) Effective January...
• Section 38.
  “Person” means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not.(Amended by Stats. 1994, Ch. 1010,...
• Section 39.
  “Qualified representative of the commissioner” means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the director as provided in...
• Section 41.
  “Section” means a section of this code, unless some other statute is specifically mentioned.(Enacted by Stats. 1967, Ch. 15.)
• Section 44.
  “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.(Enacted by Stats. 1967, Ch. 15.)
• Section 47.
  “Shall” is mandatory, and “may” is permissive.(Enacted by Stats. 1967, Ch. 15.)
• Section 49.
  “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.(Enacted by Stats. 1967, Ch. 15.)
• Section 50.
  Whenever the term “department” or “Department of Agriculture” appears in any law, it means the “Department of Food and Agriculture.”Whenever the term “director,” “secretary,” “Director...
• 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 an...

Last modified: October 22, 2018