Food and Agricultural Code — Part 17 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 17 of 48 · provisions 3,201–3,400

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 3968.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Organization and Administration [3951 - 3968] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

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    Certain board records are not open to public inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Organization and Administration [3951 - 3968] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 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 parimutuel wagering prior to such events, judging times, or races, shall not be open to inspection by the public. (Amended by Stats. 1969, Ch. 371.)
  2. 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 1. General Provisions [39701 - 39702] ( Article 1 added by Stats. 1987, Ch. 646, Sec. 17. )

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    This section defines “UHT” for certain dairy products and requires such products to be hermetically sealed and processed to meet specified milk-safety standards.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 1. General Provisions [39701 - 39702] ( Article 1 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 container and so thermally processed in conformance with Section 113 of Title 21 of the Code of Federal Regulations and the provisions of the Grade A Pasteurized Milk Ordinance as to render the product free of microorganisms capable of reproducing in the product under normal nonrefrigeration conditions of storage and distribution. The product shall be free of viable microorganisms, including spores, of public health significance. UHT products, as defined in this chapter, shall meet the definition for aseptically processed milk and milk products in the Grade A Pasteurized Milk Ordinance. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  3. 39702.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 1. General Provisions [39701 - 39702] ( Article 1 added by Stats. 1987, Ch. 646, Sec. 17. )

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    Products covered by this chapter must be labeled under the Grade A Pasteurized Milk Ordinance and, unless this section says otherwise, must also meet market milk and applicable federal labeling rules.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 1. General Provisions [39701 - 39702] ( Article 1 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 for aseptically processed milk and milk products. (b) Except as otherwise provided in this section, all products defined in this chapter shall conform to the labeling requirements for market milk and applicable labeling provisions of the Code of Federal Regulations. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  4. 39711.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT milk and UHT cream are treated as market milk or market cream if processed and packaged under Section 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 Title 21 of the Code of Federal Regulations may be added to UHT milk or UHT cream. (Amended by Stats. 1991, Ch. 840, Sec. 9.)
  5. 39712.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT milk or UHT cream must be made from market milk or market cream that meets the division’s requirements for the class or grade used.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 class or grade of milk and cream which is used. However, the milk or cream need not be cooled if it has been demonstrated to the satisfaction of the director that this cooling is not required for the proper processing of the product. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  6. 39713.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT milk must contain at least 3.25% milk fat and at least 8.25% milk solids-not-fat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 39713. UHT milk shall contain not less than 3.25 percent milk fat and not less than 8.25 percent milk solids-not-fat. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  7. 39714.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT cream must contain at least 18 percent milk fat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 39714. UHT cream shall contain not less than 18 percent milk fat. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  8. 39715.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT milk or UHT cream altered to meet special nutritional or dietary requirements must include “modified” in its name; if additives caused the change, the additives must be director-approved and listed on the label.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 2. UHT Milk and Cream [39711 - 39715] ( Article 2 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 its name. If the alteration is due to the use of additives, the additives shall be approved by the director and shall be stated on the label. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  9. 39721.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk [39721 - 39723] ( Heading of Article 3 amended by Stats. 1998, Ch. 232, Sec. 7. )

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    UHT lowfat milk must be homogenized; it may also contain harmless edible stabilizers.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk [39721 - 39723] ( Heading of Article 3 amended by Stats. 1998, Ch. 232, Sec. 7. ) ## 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 Section 39701. It may contain harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. UHT lowfat milk shall be homogenized. (Amended by Stats. 1991, Ch. 840, Sec. 10.)
  10. 39722.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk [39721 - 39723] ( Heading of Article 3 amended by Stats. 1998, Ch. 232, Sec. 7. )

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    UHT reduced-fat milk and UHT lowfat or light milk must meet specific milk fat and milk solids-not-fat percentages.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk [39721 - 39723] ( Heading of Article 3 amended by Stats. 1998, Ch. 232, Sec. 7. ) ## 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) milk shall contain not more than 1.2 percent milk fat and not less than 8.25 percent milk solids-not-fat. (Amended by Stats. 1997, Ch. 329, Sec. 44. Effective August 21, 1997.)
  11. 39723.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk [39721 - 39723] ( Heading of Article 3 amended by Stats. 1998, Ch. 232, Sec. 7. )

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    UHT lowfat milk must meet the standards and requirements for market milk, unless this article provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk [39721 - 39723] ( Heading of Article 3 amended by Stats. 1998, Ch. 232, Sec. 7. ) ## 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 milk. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  12. 39731.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk [39731 - 39733] ( Heading of Article 4 amended by Stats. 1998, Ch. 232, Sec. 8. )

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    This section defines UHT nonfat, skim, or fat-free milk and says it must be processed and packaged under Section 39701, homogenized, and may be labeled with certain names.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk [39731 - 39733] ( Heading of Article 4 amended by Stats. 1998, Ch. 232, Sec. 8. ) ## 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 be processed and packaged pursuant to Section 39701. It may contain harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. UHT nonfat milk shall be homogenized. The product may be called “nonfat milk,” “skim milk,” or “fat-free milk.” (Amended by Stats. 1997, Ch. 329, Sec. 45. Effective August 21, 1997.)
  13. 39732.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk [39731 - 39733] ( Heading of Article 4 amended by Stats. 1998, Ch. 232, Sec. 8. )

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    UHT nonfat, skim, or fat-free milk must meet minimum and maximum composition standards for milk fat and milk solids-not-fat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk [39731 - 39733] ( Heading of Article 4 amended by Stats. 1998, Ch. 232, Sec. 8. ) ## 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 milk solids-not-fat. (Amended by Stats. 1997, Ch. 329, Sec. 46. Effective August 21, 1997.)
  14. 39733.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk [39731 - 39733] ( Heading of Article 4 amended by Stats. 1998, Ch. 232, Sec. 8. )

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    UHT nonfat, skim, or fat-free milk must meet the standards and requirements for market milk, unless this article provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk [39731 - 39733] ( Heading of Article 4 amended by Stats. 1998, Ch. 232, Sec. 8. ) ## 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 division for market milk. (Amended by Stats. 1997, Ch. 329, Sec. 47. Effective August 21, 1997.)
  15. 39741.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 5. UHT Flavored Milk [39741 - 39742] ( Article 5 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT flavored milk is defined as certain market milk products with permitted sweetening or flavoring, harmless edible stabilizers, and required homogenizing, processing, and packaging.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 5. UHT Flavored Milk [39741 - 39742] ( Article 5 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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, chocolate, chocolate syrup, or other harmless syrup or flavoring, or any combination of these syrups or flavorings, and harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. It is homogenized, processed, and packaged pursuant to Section 39701. (Amended by Stats. 1991, Ch. 840, Sec. 12.)
  16. 39742.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 5. UHT Flavored Milk [39741 - 39742] ( Article 5 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT flavored milk must contain at least 3% milk fat and at least 16.5% total solids.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 5. UHT Flavored Milk [39741 - 39742] ( Article 5 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 39742. UHT flavored milk shall contain not less than 3 percent milk fat and not less than 161/2 percent total solids. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  17. 39751.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 6. UHT Flavored Cream [39751 - 39752] ( Article 6 added by Stats. 1987, Ch. 646, Sec. 17. )

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    This section defines “UHT flavored cream.”

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 6. UHT Flavored Cream [39751 - 39752] ( Article 6 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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, or any combination of harmless flavorings or syrups, and harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations and harmless stabilizing salts. It is homogenized, processed, and packaged pursuant to Section 39701. (Amended by Stats. 1991, Ch. 840, Sec. 13.)
  18. 39752.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 6. UHT Flavored Cream [39751 - 39752] ( Article 6 added by Stats. 1987, Ch. 646, Sec. 17. )

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    UHT flavored cream must contain at least 20% milk fat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 6. UHT Flavored Cream [39751 - 39752] ( Article 6 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 39752. UHT flavored cream shall contain not less than 20 percent milk fat. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  19. 39761.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 7. UHT Flavored Reduced-Fat Milk and UHT Flavored Lowfat or Light Milk [39761 - 39762] ( Heading of Article 7 amended by Stats. 1998, Ch. 232, Sec. 9. )

    Verify source ↗

    This section defines UHT flavored reduced-fat, lowfat, or light (lite) milk and requires it to be homogenized, processed, and packaged under Section 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 7. UHT Flavored Reduced-Fat Milk and UHT Flavored Lowfat or Light Milk [39761 - 39762] ( Heading of Article 7 amended by Stats. 1998, Ch. 232, Sec. 9. ) ## 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, which contains harmless sweetening, chocolate, chocolate syrup, or other harmless syrup or flavoring, or any combination of these syrups or flavorings, and harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. UHT flavored reduced-fat, lowfat, or light (lite) milk shall be homogenized, processed, and packaged pursuant to Section 39701. (Amended by Stats. 1997, Ch. 329, Sec. 48. Effective August 21, 1997.)
  20. 39762.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 7. UHT Flavored Reduced-Fat Milk and UHT Flavored Lowfat or Light Milk [39761 - 39762] ( Heading of Article 7 amended by Stats. 1998, Ch. 232, Sec. 9. )

    Verify source ↗

    UHT flavored reduced-fat milk and UHT flavored lowfat or light milk must meet specified milk-fat and solids-not-fat content standards.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 7. UHT Flavored Reduced-Fat Milk and UHT Flavored Lowfat or Light Milk [39761 - 39762] ( Heading of Article 7 amended by Stats. 1998, Ch. 232, Sec. 9. ) ## 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 light (lite) milk shall contain not more than 1.2 percent milk fat and not less than 8.25 percent solids-not-fat. (Amended by Stats. 1998, Ch. 232, Sec. 10. Effective August 4, 1998.)
  21. 39771.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 8. UHT Flavored Drink [39771- 39771.] ( Article 8 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    This section defines what counts as a UHT flavored drink and says it may be homogenized and must be processed and packaged under Section 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 8. UHT Flavored Drink [39771- 39771.] ( Article 8 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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, chocolate, chocolate syrup, or other harmless syrup or flavoring, or any combination of these syrups or flavorings, and harmless edible stabilizer as specified in Title 21 of the Code of Federal Regulations. It may be homogenized and shall be processed and packaged pursuant to Section 39701. (Amended by Stats. 1991, Ch. 840, Sec. 15.)
  22. 39781.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 9. UHT Half-and-Half [39781 - 39782] ( Article 9 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT half-and-half is defined by its ingredients and must be processed and packaged under Section 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 9. UHT Half-and-Half [39781 - 39782] ( Article 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 stabilizers and stabilizing salts may be added. It shall be processed and packaged pursuant to Section 39701. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  23. 39782.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 9. UHT Half-and-Half [39781 - 39782] ( Article 9 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT half-and-half must contain at least 10.5% milk fat and no more than 0.6% stabilizer by weight.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 9. UHT Half-and-Half [39781 - 39782] ( Article 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  24. 39791.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 10. UHT Sour Flavored Half-and-Half [39791 - 39792] ( Article 10 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT flavored reduced-fat sour cream is defined as a product made from market milk, market cream, and market skim milk, and it may include certain stabilizers, salts, and acidified flavoring. It must be processed and packaged under Section 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 10. UHT Sour Flavored Half-and-Half [39791 - 39792] ( Article 10 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 acidified flavoring may be added. It shall be processed and packaged pursuant to Section 39701. (Amended by Stats. 1997, Ch. 329, Sec. 50. Effective August 21, 1997.)
  25. 39792.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 10. UHT Sour Flavored Half-and-Half [39791 - 39792] ( Article 10 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT sour flavored half-and-half must contain at least 9.4% milk fat and no more than 0.6% stabilizer by weight.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 10. UHT Sour Flavored Half-and-Half [39791 - 39792] ( Article 10 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  26. 39801.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 11. UHT Sour Cream [39801 - 39802] ( Article 11 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    This section defines UHT sour cream and lists allowed ingredients and additives.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 11. UHT Sour Cream [39801 - 39802] ( Article 11 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 one or more of the following optional ingredients: milk solids-not-fat derived from market milk, salt, or lactose. Harmless edible stabilizers and emulsifiers may be added to the extent required to accomplish the necessary physical effect. It shall be processed and packaged pursuant to Section 39701. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  27. 39802.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 11. UHT Sour Cream [39801 - 39802] ( Article 11 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT sour cream must contain at least 18% milk fat and at least 0.5% acidity, measured as lactic acid.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 11. UHT Sour Cream [39801 - 39802] ( Article 11 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  28. 39811.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 12. UHT Milk Drink Mix [39811 - 39812] ( Article 12 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT milk drink mix is classified as a market milk product if it has been processed and packaged under Section 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 12. UHT Milk Drink Mix [39811 - 39812] ( Article 12 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 39811. UHT milk drink mix is a market milk product which has been processed and packaged pursuant to Section 39701. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  29. 39812.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 12. UHT Milk Drink Mix [39811 - 39812] ( Article 12 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT milk drink mix must meet minimum milk-solids and butterfat levels and stay within a maximum stabilizer limit; it may also include sweetening, harmless coloring, and flavoring.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 12. UHT Milk Drink Mix [39811 - 39812] ( Article 12 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 of 1 percent pure and harmless edible stabilizer by weight. It may contain sweetening and harmless coloring and flavoring. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  30. 39821.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 13. UHT Dairy Spread [39821 - 39822] ( Article 13 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT dairy spread is defined as a dairy product made from specified milk ingredients, and it must be processed and packaged under Section 39701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 13. UHT Dairy Spread [39821 - 39822] ( Article 13 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 lactose, sodium caseinate, emulsifiers, stabilizers, stabilizing salts, and harmless coloring. The product shall be processed and packaged pursuant to Section 39701. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  31. 39822.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 13. UHT Dairy Spread [39821 - 39822] ( Article 13 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT dairy spread must contain at least 30% milk fat and no more than 0.6% stabilizer and emulsifier combined by weight, unless the label states otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 13. UHT Dairy Spread [39821 - 39822] ( Article 13 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 weight, unless otherwise stated on the label. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  32. 39831.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 14. UHT Eggnog [39831 - 39833] ( Article 14 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT eggnog is defined as an unfrozen product made from specified dairy ingredients, eggs, sweetening, and harmless flavoring; it may also include harmless edible stabilizers and ingredients authorized by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 14. UHT Eggnog [39831 - 39833] ( Article 14 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 dry milk solids, buttermilk, whey, lactose, lactalbumins, lactoglobulins, and modified whey, or any combination thereof, egg yolk or whole eggs, sweetening, and harmless flavoring with or without harmless coloring. Harmless edible stabilizers may be added. UHT eggnog may contain ingredients authorized by the director, by regulation, under Section 38791.5. It shall be processed and packaged pursuant to Section 39701. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  33. 39832.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 14. UHT Eggnog [39831 - 39833] ( Article 14 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT eggnog must meet minimum composition standards for milk fat, milk solids-not-fat, and egg yolk solids.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 14. UHT Eggnog [39831 - 39833] ( Article 14 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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 one-half of 1 percent by weight of wholesome fresh egg yolk solids or the equivalent amount of egg yolk solids obtained from wholesome frozen egg yolks or from wholesome dried egg yolks or the equivalent amount in other approved form. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  34. 39833.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 14. UHT Eggnog [39831 - 39833] ( Article 14 added by Stats. 1987, Ch. 646, Sec. 17. )

    Verify source ↗

    UHT eggnog must comply with the eggnog standards and requirements set out in this division, unless this article provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 14. UHT Eggnog [39831 - 39833] ( Article 14 added by Stats. 1987, Ch. 646, Sec. 17. ) ## 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. (Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)
  35. 39841.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 15. UHT Flavored Nonfat Milk [39841 - 39842] ( Article 15 added by Stats. 1988, Ch. 1169, Sec. 6. )

    Verify source ↗

    This section defines UHT flavored nonfat, skim, or fat-free milk and describes how it is processed and packaged.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 15. UHT Flavored Nonfat Milk [39841 - 39842] ( Article 15 added by Stats. 1988, Ch. 1169, Sec. 6. ) ## 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 has been added any harmless syrup or flavoring, harmless sweetening, and harmless edible stabilizer. It is homogenized and processed and packaged pursuant to Section 39701. The product may be called “UHT flavored nonfat milk,” “UHT flavored skim milk,” or “UHT flavored fat-free milk” and the principal flavor may be substituted for the word “flavored” in the name of the product. (Amended by Stats. 1997, Ch. 329, Sec. 51. Effective August 21, 1997.)
  36. 39842.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 15. UHT Flavored Nonfat Milk [39841 - 39842] ( Article 15 added by Stats. 1988, Ch. 1169, Sec. 6. )

    Verify source ↗

    UHT flavored nonfat, skim, or fat-free milk must meet specific composition limits.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. UHT Milk Products [39701 - 39842] ( Chapter 9 added by Stats. 1987, Ch. 646, Sec. 17. ) ## ARTICLE 15. UHT Flavored Nonfat Milk [39841 - 39842] ( Article 15 added by Stats. 1988, Ch. 1169, Sec. 6. ) ## 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 percent of milk solids-not-fat. (Amended by Stats. 1997, Ch. 329, Sec. 52. Effective August 21, 1997.)
  37. 39901.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    This section defines dairy beverages and sets a minimum milk-content threshold for them.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 milk or milk products as established in this code or Title 21 of the Code of Federal Regulations because they contain safe and suitable ingredients or combinations of ingredients not specified in those standards. Dairy beverages are products intended for consumption as a beverage. Milk or the components of milk shall comprise at least 15 percent of the product on a dry matter basis or at least 2 percent on a total weight basis. (b) For purposes of establishing compliance with the minimum dairy ingredient criteria, dairy ingredients shall include all products, components, and derivatives of milk, including, but not limited to, whey and whey products and caseinates specified in subdivision (c) of Section 135.110 of Title 21 of the Code of Federal Regulations, but excluding added lactose. (Amended by Stats. 2006, Ch. 538, Sec. 204. Effective January 1, 2007.)
  38. 39902.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    Dairy beverage products may not contain added fats or oils other than milkfat, except naturally occurring incidental amounts from flavorings or characterizing food ingredients. If water is used, it must be listed in the ingredient list.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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, or contributed by, flavorings or characterizing food ingredients. When the product contains water as an ingredient, water shall be declared in the ingredient list. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  39. 39903.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    Dairy beverages covered by this section must be processed and packaged in one of the specified ways, and their labeling must follow the applicable federal rules.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 of Federal Regulations. The labeling shall comply with any applicable labeling requirements contained in the Code of Federal Regulations applicable to the heat treatment used on the product. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  40. 39904.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    Dairy beverages may be cultured with safe and suitable bacterial cultures after pasteurization, ultra-pasteurization, or UHT processing.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 39904. The product may be cultured with safe and suitable bacterial cultures following pasteurization, ultra-pasteurization, or UHT processing. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  41. 39905.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    This article does not apply to certain regulated milk-like products or dairy products with a standard in this division.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 dairy product for which a standard is established in this division. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  42. 39906.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    Labels for products covered by this standard must be submitted to the secretary for approval before sale.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 requirements specified in this article, the secretary may, by regulation, require or prohibit any other information, format, or design for the label that the secretary determines to be in the public interest. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  43. 39907.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    “Dairy beverage” labeling is allowed on the principal display panel only if milk content meets the stated minimum, and if used on the label it must be sized and styled as required.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 or derivatives of milk comprise at least 30 percent of the product on a dry matter basis, or at least 4 percent on a total weight basis. (b) When the term “dairy beverage” or “a dairy beverage” appears on the principal display panel, it shall be in letters not exceeding the height of the largest letters on the principal display panel. (c) Notwithstanding subdivision (a), when the term “dairy beverage” or “a dairy beverage” appears on the information panel of the label of the product, it shall be clearly and conspicuously labeled in bold type and of a type size equal to that used in the ingredient list. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  44. 39908.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    A dairy beverage product must be labeled with a common or usual name or with a fanciful name that does not mislead, deceive, or confuse consumers.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 the consumer. Use of the name “dairy beverage” or “a dairy beverage” is restricted to products that conform to the requirements of Section 39907. The name shall not cause the consumer to believe that the product is a milk product for which a standard is established in this division. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  45. 39909.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    Containers of the product must be labeled with the manufacturer’s or distributor’s name and address, and sometimes with a state code and plant number.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 is not the address of the manufacturer or final packaging plant, the label shall include the national uniform federal information processing standards state code number to be immediately followed by a hyphen and the plant number assigned by the appropriate state regulatory agency. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  46. 39910.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    If a dairy product is labeled “Grade A,” all dairy ingredients must come from market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 39910. If the product is labeled “Grade A,” all dairy ingredients shall be derived from market milk. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  47. 39911.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    A product label may reference or compare with a milk product only if the statements, symbols, marks, designs, or representations are reasonable, relevant, truthful, complete, and not deceptive or misleading.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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, relevant, truthful, complete, and not deceptive or misleading. The secretary may require satisfactory proof of the compliance of any label with this section. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  48. 39912.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. )

    Verify source ↗

    Products covered by this standard must not be marketed in a way that is likely to mislead consumers into thinking they are products defined in the division, and the secretary may require proof of compliance.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Dairy Beverages [39901 - 39912] ( Chapter 10 added by Stats. 1994, Ch. 95, Sec. 47. ) ## 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 likely to mislead, deceive, or confuse consumers into believing the products are products defined in this division. The secretary may require satisfactory proof of the compliance of a dairy beverage with this section. (Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)
  49. 4.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

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    This section says the code’s substantially unchanged provisions continue existing law rather than create new law, and it protects privileges or rights acquired before the code takes effect.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 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 enactments. The enactment of this code shall not impair any privilege granted or right acquired under any of the laws of this state prior to the date it takes effect. (Enacted by Stats. 1967, Ch. 15.)
  50. 4001.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association must keep and use most money it receives for specified association and fairground purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 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 the extraction of oil or gas from lands owned or controlled by it, shall be retained and used by the association for its: (a) General use and purposes. (b) Maintenance. (c) Membership in livestock registry associations and fair associations. (d) Support and operation. (e) Acquisition, installation, maintenance, and operation of recreational and cultural facilities at its fairgrounds. (Enacted by Stats. 1967, Ch. 15.)
  51. 4002.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association must pay proceeds from selling an interest in its real property into the Fair and Exposition Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 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 Fund. The amount which is paid into the fund shall be available for expenditure by the association, with the approval of the department and the State Public Works Board, for any of the following purposes: (a) Permanent improvements for fair purposes on the property of the association. (b) Purchase of equipment for fair purposes. (c) Acquisition or purchase of real property, including costs of appraisal or other incidental costs, to be used as sites for the permanent improvements. The execution of any lease, easement, or agreement for the extraction of any oil or gas from lands owned or controlled by an association is not a sale of an interest in real property within the meaning of this section. (Enacted by Stats. 1967, Ch. 15.)
  52. 4003.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money left unspent for three years after being paid into the Fair and Exposition Fund is added to the amount available under Section 3204 for specified fair-related uses, as allocated by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 4003. Any money that is not expended within three years after being paid into the Fair and Exposition Fund pursuant to Section 4002 shall be added to and become a part of the amount available pursuant to Section 3204 for permanent improvements on the property of the state, citrus, county, or district agricultural associations for fair purposes, or the purchase of equipment for fair purposes, or the acquisition or purchase of real property, including costs of appraisal or other incidental costs, to be used as sites for those permanent improvements, in amounts as may be allocated by the secretary. (Amended by Stats. 2024, Ch. 559, Sec. 63. (AB 2143) Effective January 1, 2025.)
  53. 4004.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    Any association must pay revenue from oil or gas extraction arrangements on land it owns or controls into the General Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 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 that is owned or controlled by it shall be paid into the General Fund. (Enacted by Stats. 1967, Ch. 15.)
  54. 4005.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each association’s fiscal year runs from January 1 through December 31.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Fiscal Provisions [4001 - 4005] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 4005. The fiscal year for each association is from January 1 to December 31. (Enacted by Stats. 1967, Ch. 15.)
  55. 401.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must promote and protect the state’s agricultural industry.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 401. The department shall promote and protect the agricultural industry of the state. (Enacted by Stats. 1967, Ch. 15.)
  56. 401.5.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must seek to support private food and fiber production and the economic well-being of agriculturally dependent rural communities.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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 benefits the general welfare and economy of the state. The department shall also seek to maintain the economic well-being of agriculturally dependent rural communities in this state. (Added by Stats. 1994, Ch. 542, Sec. 1. Effective January 1, 1995.)
  57. 402.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must prevent fraud and deception in specified packing, labeling, and marketing of covered agricultural products and certain commodities sold to producers for crop production.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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 agricultural product which is governed by this code. (b) Labeling and marketing of any commodity that is governed by this code, which is sold to producers for use in the production of crops. (Amended by Stats. 1967, Ch. 10.)
  58. 403.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must prevent the spread and introduction of certain insect or animal pests, plant diseases, and noxious weeds.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 403. The department shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. (Enacted by Stats. 1967, Ch. 15.)
  59. 404.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must carry out this code and other laws it administers, unless another provision says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 404. The department shall execute the provisions of this code, except as otherwise provided, and of other laws administered by it. (Enacted by Stats. 1967, Ch. 15.)
  60. 405.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The department may reproduce or distribute certain biological control organisms only with prior approval from two specified public health and wildlife authorities, and it may not produce beneficial organisms when they are already available in sufficient amounts from commercial sources.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 405. (a) With the prior approval of the Department of Fish and Wildlife and the State Department of Public Health, the department may reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. (b) The department shall not engage in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources. (Amended by Stats. 2015, Ch. 374, Sec. 1. (AB 862) Effective January 1, 2016.)
  61. 40501.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [40501 - 40502] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This chapter does not apply to certain investigations or certificates involving canned or dried fruit handled by the person or by specified bona fide trade or nonprofit groups.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [40501 - 40502] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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, firm, or corporation in respect to canned or dried fruit which is shipped, packed, or stored by it. (b) Any bona fide chamber of commerce, board of trade, or other bona fide nonprofit association of producers or merchants in respect to canned or dried fruit which is sold, shipped, packed, or stored by any of its members or other persons for whom it may make any such inspection or issue any such certificate. (Enacted by Stats. 1967, Ch. 15.)
  62. 40502.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [40501 - 40502] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The director may cooperate with the United States Department of Agriculture to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [40501 - 40502] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 40502. The director may cooperate with the United States Department of Agriculture in carrying out this chapter. (Enacted by Stats. 1967, Ch. 15.)
  63. 4051.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    District agricultural associations may contract, hold money, manage property, and make rules, but must follow specific bidding, audit, and reporting-related conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 4051. (a) An association may do any of the following: (1) Contract, in accordance with all of the following: (A) The written policies and procedures for contracting that are developed and maintained by the board of directors of the association in accordance with this section. (B) All applicable state laws governing contracts, except as follows: (i) A grant or contract entered into by an association for goods is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (ii) A grant or contract entered into by an association is not subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code. (C) If the estimated total cost of any construction project or similar work carried out under this section exceeds twenty-five thousand dollars ($25,000), the association shall solicit bids in writing and shall award the work to the lowest responsible bidder or reject all bids. The association is subject to all applicable provisions of the Public Contract Code. (D) An association may elect to become subject to the provisions of the Uniform Public Construction Cost Accounting Act (Chapter 2 (commencing with Section 22000) of Part 3 of Division 2 of the Public Contract Code) and the Small Business Procurement and Contract Act (Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3 of Title 2 of the Government Code), but exempt from the reporting requirements noted in subdivision (f) of Section 14838.1 of the Government Code. (2) Accept funds or gifts of value from the United States or any person to aid in carrying out the purposes of this part. (3) Conduct or contract for programs, and contract for the purchase or lease of goods that are necessary to effectuate the purposes of this chapter, either independently or in cooperation with any individual, public or private organization, or federal, state, or local governmental agency. (4) Establish and maintain a bank checking account or other financial institution account, approved by the Director of Finance in accordance with Sections 16506 and 16605 of the Government Code, for depositing funds received by the association. All funds maintained in an account authorized by this paragraph shall be used in accordance with Section 4001. (5) Approve the annual budget of the association and establish a program for paying vendors who contract with the association. (6) Contract with any county or county fair association for holding a fair jointly with the county or county fair association. The joint fair is a district fair of the association. (7) Make or adopt all necessary orders, rules, or regulations for governing the activities of the association. Notwithstanding paragraph (14), any orders, rules, or regulations adopted by the board are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For informational purposes only, however, any order, rule, or regulation adopted by the board may be transmitted to the Office of Administrative Law for filing with the Secretary of State pursuant to Section 11343 of the Government Code. (8) Operate a payroll system for paying employees, and a system for accounting for vacation and sick leave credits of employees. (9) Delegate to the officers and employees of the association the exercise of powers vested in the board, as the board may deem desirable, for the orderly management and operation of the association. (10) With the approval of the Department of General Services, purchase, acquire, hold, sell, or exchange, or convey any interest in real property. Any acquisition of land or other real property is subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (11) With the approval of the Department of General Services, make permanent improvements upon publicly owned real property adjacent to, or near the vicinity of, the real property of the association when the improvements materially benefit the property of the association pursuant to Section 11011 of the Government Code. (12) With the approval of the Department of General Services, lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the board. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years. (13) Use, manage, or operate any of its property jointly or in connection with any lessee or sublessee, for any purpose approved by the board. (14) With the approval of the Department of General Services, pledge any revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to terms and conditions approved by the board. The revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind pledged by the association or its assignees constitute a lien or security interest that immediately attaches to the property pledged, and is effective, binding, and enforceable against the association, its successors, purchasers of the property pledged, creditors, and all others asserting rights therein, to the extent set forth, and in accordance with, the terms and conditions of the pledge, irrespective of whether those persons have notice of the pledge and without the need for physical delivery, recordation, filing, or further action. (15) With the approval of the secretary, enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). (b) In developing the written policies and procedures for contracting, the board shall incorporate the following to apply to contracts or procurement by the association: (1) To ensure the fullest competition, the board shall adopt and publish competitive bidding procedures for the award of a procurement or contract involving an expenditure of more than one hundred thousand dollars ($100,000). The competitive bidding procedures shall include, but not be limited to, requirements for submission of bids and accompanying documentation, guidelines for the use of requests for proposals, invitations to bid, or other methods of bidding, and a bid protest procedure. The general manager shall determine whether the goods or services subject to this paragraph are available through existing contracts or price schedules of the Department of General Services. The Legislature finds and declares that fairs are a valuable community resource and recognizes that local businesses and local communities make valuable contributions to fairs that include direct and indirect support of fair programs. The Legislature further finds and declares that local businesses often provide opportunity purchases to local fairs that, for similar things available through the state purchasing program, may be purchased locally at a price equivalent to or less than that available through the state purchasing program. As used in this subdivision, opportunity purchases means purchases made locally, either individually or cooperatively, at a price equal to or less than the price available through the state purchasing program on or off state contract. (2) The contracting standards, procedures, and rules contained in this subdivision shall also apply with respect to any subcontract involving an expenditure of more than one hundred thousand dollars ($100,000). The board shall establish, as part of the bidding procedures for general contracts, subcontracting guidelines that implement this requirement. (3) With the approval of the Department of General Services, pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to terms and conditions approved by the board. Any issuance of bonds, contracts entered into, debts incurred, settlements, judgments, or liens under this section or pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall not directly, indirectly, or contingently obligate the state or any political subdivision of the state to levy or to pledge any form of taxation therefor or to make any appropriation for their payment. The bond shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of, or interest on, this bond.” (4) This section does not apply to Article 1 (commencing with Section 4101) of Chapter 6 of Part 3. (c) Notwithstanding any other law, an association shall adopt a fiscal review policy as follows: (1) An association with an annual budget exceeding five million dollars ($5,000,000) shall conduct an annual audit by an independent certified public accountant or certified public accountancy firm selected by the board. (2) (A) An association with an annual budget of less than five million dollars ($5,000,000) shall have its books and accounts examined and reviewed annually and audited once every three years by an independent certified public accountant or certified public accountancy firm selected by the board. (B) Solely for the 50th District Agricultural Association, which has entered into a joint powers agreement pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) to manage the responsibilities of the association, the joint powers agency shall be the entity responsible for ensuring that the annual examinations and reviews and the audits required by this paragraph are conducted. If the joint powers agency performs separate audits of the association and the joint powers agency, the joint powers agency shall submit both audits to the department in the manner prescribed in this chapter. (d) Notwithstanding subdivision (c), the department may require an audit to be conducted before the times specified in paragraphs (1) and (2) of subdivision (c) if the department or the state deems the audit is necessary. (Amended by Stats. 2018, Ch. 92, Sec. 73. (SB 1289) Effective January 1, 2019.)
  64. 4051.1.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    The board may make certain agreements and create or work with entities for those agreements, but it must give written notice to the department before creating an entity or before some larger or longer agreements. The department may inspect the entity’s books and records on reasonable notice.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 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, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may employ, or create and participate in an entity, or enter into an agreement with an entity or person to develop, solicit, sell, and service these agreements. The compensation for the entity or person shall be established by the board. (b) Written notification to the department shall be required prior to creating an entity for the activities described in this section and prior to entering into any agreement for activities described in this section if the agreement exceeds one hundred thousand dollars ($100,000) in value, exists for a period of greater than two years, or contemplates the building of a permanent structure on fair property. The department may, upon reasonable notice, examine the books and records of any entity created pursuant to this section. (Amended by Stats. 2001, Ch. 423, Sec. 3. Effective January 1, 2002.)
  65. 4051.2.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    An association may not enter into a settlement agreement over $100,000 unless the department approves it first.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 4051.2. An association shall not enter into a settlement agreement for an amount greater than one hundred thousand dollars ($100,000) without the prior approval of the department. (Amended by Stats. 2014, Ch. 342, Sec. 7. (AB 2490) Effective January 1, 2015.)
  66. 4052.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    An association may not lease its racetrack for horse races to a private person, firm, or corporation, except to certain expositions and their affiliates for the time allowed by law for fairs.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 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 exposition or its affiliated corporations or associations for the period of time which is now permitted by law for fairs. (Amended by Stats. 1967, Ch. 1579.)
  67. 40531.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The department may inspect and certify certain agricultural products, and may accredit persons or business entities to do the work.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 any fruit, vegetable, or other agricultural product, either raw or processed, under regulations that the department may adopt, including the payment of reasonable service charges, the frequency of payment of the service charges, the procedure for payment, the procedure for refunds, and the penalties for late payment. The department may accredit persons or business entities to conduct the investigation or certification, or both the investigation and certification. (Amended by Stats. 1998, Ch. 436, Sec. 3. Effective January 1, 1999.)
  68. 40532.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Certain agricultural product certificates and certified copies count as prima facie evidence of the statements they contain if they were duly issued under the listed authorities; this presumption does not apply in criminal cases.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 of such certificate, is prima facie evidence of the truth of the statements which are contained in it, if duly issued in accordance with any of the following: (a) By the director under authority of this code. (b) In cooperation between federal and state agencies, authorities, or organizations under authority of an act of Congress and an act of the legislature of any state. (c) Under authority of a federal statute. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action. (Amended by Stats. 1967, Ch. 262.)
  69. 40533.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Certificates issued under this chapter must truly state the product’s grade, quality, and condition, and a true copy must be provided to the director or county commissioner on written demand.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 the product which is certified. A true copy of any such certificate shall be furnished to the director or to the commissioner of the county where the shipment originated, on demand which is made in writing. (Enacted by Stats. 1967, Ch. 15.)
  70. 40534.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The director may contract with the U.S. Department of Agriculture and with commissioners for inspection, certification, and enforcement work on eggs, egg products, and poultry meat classification.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 classification pursuant to United States Department of Agriculture standards. The director may also contract with commissioners to perform such inspection and certification services pursuant to such contracts with the United States Department of Agriculture and for the enforcement of egg and poultry meat classification standards of this state. (Added by Stats. 1972, Ch. 595.)
  71. 40535.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Creates the Analytical Laboratory Account and directs certain reimbursements into it at each fiscal year end; deposited funds may be used, after legislative appropriation, for laboratory-related purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Investigation and Certification [40531 - 40535] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 collected by the Secretary of Food and Agriculture for services rendered by the Center for Analytical Chemistry shall be deposited at the end of each fiscal year. (b) Notwithstanding Section 221, upon appropriation by the Legislature, funds deposited in the Analytical Laboratory Account shall be used to fund services rendered, laboratory equipment repair or replacement, make modifications or upgrades to existing facilities, or for other uses that maintain the laboratory infrastructure. (Added by Stats. 2005, Ch. 613, Sec. 1. Effective January 1, 2006.)
  72. 4054.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    The board of an association may approve certain property acquisitions by eminent domain, and the board of an association or county fair board may buy materials and rent equipment for up to $20,000 for donated-labor construction projects under specified conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 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 and necessity require the acquisition of any building or improvement that is situated on property that is owned by the association, in trust or otherwise, or of any outstanding rights to that property, with the approval of the department and the association, the building, improvement, or outstanding rights may be acquired by eminent domain pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (b) The use by the association of its property shall be considered a more necessary public use than the use of the property by any grantee, lessee, or licensee for the purposes that are specified in Section 4051. (c) Notwithstanding Article 5 (commencing with Section 25450) of Chapter 5 of Division 2 of Title 3 of the Government Code, or Sections 10108 and 10308 of the Public Contract Code, the board of an association or governing board of a county fair, by resolution adopted by vote of two-thirds of all its members, may purchase materials and lease equipment for not in excess of twenty thousand dollars ($20,000) when the purchase or lease is made in conjunction with donated labor construction improvements on the grounds of the association or the county fairgrounds, respectively. (Amended by Stats. 2006, Ch. 538, Sec. 197. Effective January 1, 2007.)
  73. 4055.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Associations may cooperate in holding a fair in any district if their respective boards approve by majority vote.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 4055. Associations, by majority vote of their respective boards, may cooperate in the holding of a fair in any of the districts. (Enacted by Stats. 1967, Ch. 15.)
  74. 4056.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may pay membership fees and join or participate in organizations that work on agricultural information, fairs, or horseracing meetings, and in similar organizations tied to its powers and duties.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 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 that relates to livestock, poultry, and other agricultural animals and products. (b) Conduct and management of fairs. (c) Conducting of horseracing meetings. An association may also pay membership fees, join and participate in affairs of any similar organization that deals with subjects that are related to powers and duties of the association. (Enacted by Stats. 1967, Ch. 15.)
  75. 40561.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Funds [40561 - 40562] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money collected under this chapter must be paid into the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Funds [40561 - 40562] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 40561. Any money which is collected pursuant to this chapter shall be paid into the Department of Food and Agriculture Fund. (Amended by Stats. 1983, Ch. 101, Sec. 52.)
  76. 40562.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Funds [40561 - 40562] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must prepare an annual statement of the chapter funds’ receipts and expenditures within 90 days after each fiscal year ends, and must send a copy of the report on written request to financially interested parties.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Funds [40561 - 40562] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 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 year of funds provided for in this chapter. He shall, upon written request, forward a copy of this report to any party that is financially interested in the inspection work which is conducted pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  77. 4057.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The state is not liable for actions, obligations, commitments, contracts, premiums, or awards offered or made by any association.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 4057. The state is not liable for any action, obligation, commitment, contract, or premium that is offered, or award that is made, by any association. (Amended by Stats. 2014, Ch. 342, Sec. 9. (AB 2490) Effective January 1, 2015.)
  78. 40571.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The director appoints the Shipping Point Advisory Committee, and the committee may include a public member appointed by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 composed of shippers of fruits and vegetables using inspection and certification services of the department. The director may appoint one additional member on the committee, who shall be a public member. Members of the committee shall receive no salary. Upon the director’s request, the committee shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the committee. The director may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the director, the committee shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee. (Amended by Stats. 1978, Ch. 188.)
  79. 40571.1.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The Legislature declares that shippers of fruits and vegetables on the Shipping Point Advisory Committee are meant to represent the relevant agricultural industry and serve the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1976, Ch. 1429.)
  80. 40572.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    Committee members serve three-year terms, with the first members’ terms staggered and any vacancies filled for the remainder of an unexpired term.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 of office of three members shall expire at the end of one year and three at the end of two years and three at the end of three years. Thereafter appointment shall be for full three-year terms. Vacancies shall be filled for an unexpired term. (Added by Stats. 1970, Ch. 825.)
  81. 40573.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The committee must advise the director and make recommendations about inspection and certification services, including the annual budget and fees needed to provide those services.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 rendered, including the annual budget and fees necessary to provide adequate inspection and certification services. (Added by Stats. 1970, Ch. 825.)
  82. 40574.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The director must appoint an alternate for each committee member.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 the regular members. (Added by Stats. 1984, Ch. 996, Sec. 2.)
  83. 40575.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    Alternate members may attend committee meetings only when the regular member they replace is absent.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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. (Added by Stats. 1984, Ch. 996, Sec. 3.)
  84. 40576.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    Committee members, and alternate members serving in a member’s absence, may be reimbursed for actual and necessary official expenses if the director approves, but they may not receive any other consideration for serving.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 reimbursed for the actual and necessary expenses incurred in the performance of his or her official duties. However, a member or alternate member may not receive any other consideration for serving on the committee. The reimbursement shall be made at the rate permitted under the rules of the Department of Human Resources. (Amended by Stats. 2012, Ch. 665, Sec. 23. (SB 1308) Effective January 1, 2013.)
  85. 40577.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The committee may ask the secretary to arrange staff, office space, and supplies for inspection services, and the secretary is responsible for administering the chapter and overseeing inspection procedures and quality.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 year, the committee may request the secretary, and the secretary may utilize any appropriate entity, to supply the field staff, office facilities, and supplies necessary to provide inspection services. (b) Notwithstanding subdivision (a), the secretary is responsible for the administration of this chapter, the establishment of administrative procedures, and the uniformity, accuracy, and integrity of the inspection. (Added by Stats. 1994, Ch. 542, Sec. 2. Effective January 1, 1995.)
  86. 40577.1.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The secretary may set rules and procedures to guide the entity described in Section 40577.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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) Employment, training, supervision, and compensation of inspectors. (b) Use of existing, and acquisition of additional, equipment and supplies for field or office use. (c) Leasing of facilities to support inspection activities. (Added by Stats. 1994, Ch. 542, Sec. 3. Effective January 1, 1995.)
  87. 40577.2.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The committee may not ask the secretary to use, and the secretary may not use, an entity that is mostly staffed by people who use department services under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 persons utilizing services provided by the department pursuant to this chapter. (Added by Stats. 1994, Ch. 542, Sec. 4. Effective January 1, 1995.)
  88. 40577.3.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The entity must keep accurate expense records and make them available for audit when the secretary requests, during regular business hours.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 upon request of the secretary. (Added by Stats. 1994, Ch. 542, Sec. 5. Effective January 1, 1995.)
  89. 40577.4.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The secretary may require an entity to correct or stop an activity or function if it is not in the public interest or violates this chapter, and must notify the entity in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 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 public interest, or that is in violation of this chapter, and shall notify the entity in writing of these specific acts. (Added by Stats. 1994, Ch. 542, Sec. 6. Effective January 1, 1995.)
  90. 40577.5.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. )

    Verify source ↗

    The secretary must reimburse the entity’s actual and necessary expenses when an invoice approved by the secretary is received.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Certification of Agricultural Products [40501 - 40577.5] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Shipping Point Advisory Committee [40571 - 40577.5] ( Article 4 added by Stats. 1970, Ch. 825. ) ## 40577.5. The secretary shall reimburse the entity for its actual and necessary expenses upon receipt of an invoice approved by the secretary. (Added by Stats. 1994, Ch. 542, Sec. 7. Effective January 1, 1995.)
  91. 4058.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain fairs may, with Department of Food and Agriculture approval, form an entity for combined fair horseracing meetings and use racing facilities for horseracing with parimutuel wagering on non-fair days.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 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 of the Department of Food and Agriculture, may form an entity for conducting combined fair horseracing meetings and utilize their racing facilities for conducting horseracing meetings, with parimutuel wagering, on days other than the days on which general fair activities are conducted. A combined fair horseracing meeting pursuant to this section shall be a general fair activity for the purpose of Section 19549 of the Business and Professions Code. (b) The association shall designate certain days of a mixed breed meeting held pursuant to this section as charity days with the proceeds therefrom to be distributed in accordance with Sections 19550 and 19556 of the Business and Professions Code. (c) The association shall encourage the racing of emerging breeds of horses. (Amended by Stats. 1996, Ch. 741, Sec. 3. Effective January 1, 1997.)
  92. 4059.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Department of Food and Agriculture must create disposal criteria, subject to approval by the Department of General Services, and the board must check whether property can be used elsewhere before selling it to the highest bidder if not.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 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 the Department of General Services, for the disposal of property by a district agricultural association and the California Exposition and State Fair. (2) As used in this section, “disposal of property” means the sale of equipment, materials or other forms of personal property no longer necessary to effectuate the purposes of the fair and that do not exceed an estimated fair market value of fifty thousand dollars ($50,000). (b) The board of the district agricultural association or California Exposition and State Fair shall, prior to the disposal of property, as defined in this section, first be required to determine, through the Department of Food and Agriculture, if the property can be used by another fair in the California Fair Network or other state agency or department. If determined that such use is not possible, the board of the district agricultural association or California Exposition and State Fair shall sell the property to the buyer that submits the highest bid. (c) The regular department audit of district agricultural associations shall confirm the source of funds of any disposed property and compliance with the criteria developed under this section for the disposal of property. (d) The adoption of the criteria developed pursuant to this section shall relieve a district agricultural association and the California Exposition and State Fair of any requirements to abide by the provisions of the State Administrative Manual which may apply to disposal of property developed by the Department of General Services. (Added by Stats. 2007, Ch. 346, Sec. 1. Effective January 1, 2008.)
  93. 406.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must require reports from commissioners.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 406. The department shall require reports from commissioners. (Enacted by Stats. 1967, Ch. 15.)
  94. 4060.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A nonprofit corporation must notify the department about compensation before paying it, and the department must approve and review these payments during audits.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 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 for in Section 18000.5 of the Government Code, shall be approved by the department before payment. The nonprofit corporation shall notify the department of the compensation. (b) The department shall, during regular audits, review the payments from the nonprofit corporation to any state employees and those state employees’ responsibilities to the nonprofit corporation. The financial information from the nonprofit corporation shall be made available to the department for the audit. Any compensation shall be justified by related work that is not the normal responsibility of the state officer or employee through employment by an association, including normal duties and working hours. The audit shall also determine if any board member serving on an association is also serving on the board of directors of the related nonprofit corporation and determine if there are any conflicts of interest regarding the payment to the association employees. The audit shall also determine if any officer or employee is receiving compensation from the nonprofit corporation in violation of subdivision (c). (c) Pursuant to Section 1090 of the Government Code, a state officer or employee of an association shall not be compensated by the nonprofit corporation when that state officer or employee acts in an official capacity regarding any contract made with the nonprofit corporation. (Amended by Stats. 2024, Ch. 559, Sec. 64. (AB 2143) Effective January 1, 2025.)
  95. 4061.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A district agricultural association generally does not have to prepare or submit written reports to the Governor, the Legislature, or a state agency, unless one of the listed exceptions applies.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Powers and Duties Generally [4051 - 4061] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 4061. (a) Notwithstanding any other law, a district agricultural association shall not be required to prepare or submit any written report to the Governor, the Legislature, or a state agency except as follows: (1) The report is required by a court or under federal law. (2) The report is required in the Budget Act. (3) The report is required by the secretary. (4) The Legislature expressly requires a district agricultural association to prepare and submit a report. (5) The annual reporting of real property information required pursuant to Section 11011.15 of the Government Code. (b) This section shall not be construed and is not intended to extend or limit the provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 119. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  96. 407.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations needed to carry out code provisions the director is authorized or directed to administer or enforce.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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 administer or enforce. (Enacted by Stats. 1967, Ch. 15.)
  97. 40701.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 1. Definitions [40701 - 40703] ( Article 1 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    This section says the definitions in this article control how this chapter is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 1. Definitions [40701 - 40703] ( Article 1 added by Stats. 1977, Ch. 783. ) ## 40701. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Repealed and added by Stats. 1977, Ch. 783.)
  98. 40702.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 1. Definitions [40701 - 40703] ( Article 1 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    This section defines “processing purposes” for tomatoes.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 1. Definitions [40701 - 40703] ( Article 1 added by Stats. 1977, Ch. 783. ) ## 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, catsup, sauce, tomatoes in oil, juice, powder, flakes, and similar manufactured tomato products. (Amended by Stats. 1989, Ch. 676, Sec. 2.)
  99. 40703.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 1. Definitions [40701 - 40703] ( Article 1 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    “Committee” means the Processing Tomato Advisory Committee.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 1. Definitions [40701 - 40703] ( Article 1 added by Stats. 1977, Ch. 783. ) ## 40703. “Committee” means the Processing Tomato Advisory Committee. (Amended by Stats. 1989, Ch. 676, Sec. 3.)
  100. 40730.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 2. General Provisions [40730 - 40732] ( Article 2 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director must not enforce this article while a marketing order or commission on the same subject is in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 2. General Provisions [40730 - 40732] ( Article 2 added by Stats. 1977, Ch. 783. ) ## 40730. The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. (Added by Stats. 1989, Ch. 676, Sec. 4.)
  101. 40731.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 2. General Provisions [40730 - 40732] ( Article 2 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director must enforce only the quality standards for processing tomatoes that are authorized by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 2. General Provisions [40730 - 40732] ( Article 2 added by Stats. 1977, Ch. 783. ) ## 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. (Amended by Stats. 1989, Ch. 676, Sec. 5.)
  102. 40732.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 2. General Provisions [40730 - 40732] ( Article 2 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    Tomatoes for processing must meet the standards in this chapter, except hard green tomatoes used to make green tomato products.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 2. General Provisions [40730 - 40732] ( Article 2 added by Stats. 1977, Ch. 783. ) ## 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 chapter. (Amended by Stats. 1989, Ch. 676, Sec. 6.)
  103. 40760.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 3. Regulations [40760 - 40761] ( Article 3 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director must not enforce this article while a marketing order or commission on the same subject is in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 3. Regulations [40760 - 40761] ( Article 3 added by Stats. 1977, Ch. 783. ) ## 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) of Division 21 covering the same subject. (Added by Stats. 1989, Ch. 676, Sec. 7.)
  104. 40761.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 3. Regulations [40760 - 40761] ( Article 3 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The committee may propose regulations to the director, and the director may adopt and enforce regulations covering tomato standards, inspections, sanitation, fees, and related administrative matters.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 3. Regulations [40760 - 40761] ( Article 3 added by Stats. 1977, Ch. 783. ) ## 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 and tolerances, for processing tomatoes which shall be cause for rejection by the director. However, no emergency regulations shall be established which raise or lower standards and tolerances. (b) Minimum standards for color of processing tomatoes based on a comminuted raw product sample which shall be cause for rejection by the director. However, no emergency regulations shall be established which tend to raise or lower the comminuted color readings. (c) Standards for processing tomatoes which shall not be cause for rejection by the director. (d) Sampling and inspection procedures for processing tomatoes. (e) Fees calculated to cover expected costs involved in the department performing the services specified in this chapter and in carrying out the regulations adopted under this chapter. (f) Sanitation, equipment, inspection stations, and load identification data. (g) Other regulations which are reasonably necessary for the administration and enforcement of this chapter. (Amended by Stats. 1989, Ch. 676, Sec. 8.)
  105. 40781.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 4. Powers of the Director [40781 - 40782] ( Article 4 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director may enter places where processing tomatoes may be found, take samples, and test them to inspect whether uncertified lots, loads, or containers meet the chapter’s standards.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 4. Powers of the Director [40781 - 40782] ( Article 4 added by Stats. 1977, Ch. 783. ) ## 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 may be necessary to determine if any uncertified lot, load, or container of processing tomatoes complies with the standards established pursuant to this chapter. The director may subject samples to any method of inspection or testing as prescribed by regulation. (Amended by Stats. 1989, Ch. 676, Sec. 10.)
  106. 40782.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 4. Powers of the Director [40781 - 40782] ( Article 4 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director may prosecute violators of this chapter and may seize and hold tomato lots or loads involved in a violation if needed as evidence.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 4. Powers of the Director [40781 - 40782] ( Article 4 added by Stats. 1977, Ch. 783. ) ## 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 or load of tomatoes for processing purposes involved in a violation as may, in his or her judgment, be necessary as evidence. (Amended by Stats. 1989, Ch. 676, Sec. 11.)
  107. 408.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may enter any premises to inspect the premises and any plant, appliance, or other thing on them.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 408. The director may enter upon any premises to inspect the premises or any plant, appliance, or thing which is on such premises. (Enacted by Stats. 1967, Ch. 15.)
  108. 40810.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director must not enforce this article while a marketing order or commission covering the same subject is in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. ) ## 40810. The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. (Added by Stats. 1989, Ch. 676, Sec. 12.)
  109. 40811.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director must inspect deliveries of tomatoes for processing purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. ) ## 40811. The director shall inspect deliveries of tomatoes for processing purposes. (Amended by Stats. 1989, Ch. 676, Sec. 13.)
  110. 40812.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    If the director finds that delivered tomatoes meet the regulatory standards, the director must issue a certificate.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. ) ## 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 that effect. (Repealed and added by Stats. 1977, Ch. 783.)
  111. 40813.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    If the director finds delivered tomatoes do not meet the regulatory standards, the director must issue a notice of rejection.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. ) ## 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. (Repealed and added by Stats. 1977, Ch. 783.)
  112. 40814.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director does not have to perform inspections where adequate inspection facilities are not provided.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. ) ## 40814. The director is not required to perform inspection at any place where adequate inspection facilities are not provided. (Repealed and added by Stats. 1977, Ch. 783.)
  113. 40815.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    An inspection certificate issued under this chapter is prima facie evidence of the percentage of defects, as defined by regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 5. Inspection and Certification by the Director [40810 - 40815] ( Article 5 added by Stats. 1977, Ch. 783. ) ## 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 defects as defined by regulations. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action. (Repealed and added by Stats. 1977, Ch. 783.)
  114. 40871.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    Tomato loads delivered under a producer-processor contract must be inspected without undue delay and within a reasonable time after arrival.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. ) ## 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 be given inspection as may be required without undue delay and within a reasonable time after the load arrives at the processor or other point which is specified for the inspection. (Amended by Stats. 1989, Ch. 676, Sec. 14.)
  115. 40872.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    If delayed inspection makes a tomato load unsuitable for processing, the processor must pay for it at the agreed full price, or at the prevailing market price if no contract price is set.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. ) ## 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 delay in inspection, willfully or negligently caused or permitted by the processor, shall be paid for by the processor at the full price that is agreed upon for tomatoes suitable for processing purposes and on the basis that the tomatoes were of the grade, quality, and condition which is stipulated in the contract. If no price is stipulated in the contract, payment shall be made by the processor to the producer on the basis of the then prevailing market price for tomatoes of the grade, quality, and condition which is specified in the contract. (Amended by Stats. 1989, Ch. 676, Sec. 15.)
  116. 40873.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    A producer may recover added handling costs from a processor if tomatoes were delayed in inspection and delivery because of the processor’s unwarranted, willful, or negligent conduct.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. ) ## 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 as a direct result of the unwarranted delay in inspection and delivery, willfully or negligently caused or permitted by a processor, may recover the amount of the added handling costs by an action at law against the processor. (Amended by Stats. 1989, Ch. 676, Sec. 16.)
  117. 40874.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    A producer gets rights under this article only if each load of tomatoes is registered with the processor when it is offered for inspection and delivery. The processor must furnish a certificate stating the time the load arrived.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 6. Contract Inspection [40871 - 40874] ( Article 6 added by Stats. 1977, Ch. 783. ) ## 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 the load for inspection and delivery. The registration shall be made by obtaining from the processor a certificate, which the processor is, by this provision, required to furnish, that states the time of arrival of the load at the processor or other specified inspection point. (Amended by Stats. 1989, Ch. 676, Sec. 17.)
  118. 409.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may use rules or regulations to issue and renew certain licenses and registration certificates on a two-year basis, and it may set the related fee, subject to a cap.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 409. (a) Notwithstanding any other law, the department by rule or regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department or any division, office, or other entity within the department. (b) The department may, by rule or regulation, set the fee for a two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute. (Amended by Stats. 2015, Ch. 374, Sec. 2. (AB 862) Effective January 1, 2016. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  119. 40901.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 7. Discrimination in Furnishing Raw Product Containers [40901 - 40902] ( Heading of Article 7 amended by Stats. 1989, Ch. 676, Sec. 18. )

    Verify source ↗

    A processor that willfully and without due cause fails to supply raw product containers as agreed, or willfully discriminates against a producer, can be sued for damages.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 7. Discrimination in Furnishing Raw Product Containers [40901 - 40902] ( Heading of Article 7 amended by Stats. 1989, Ch. 676, Sec. 18. ) ## 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 against any producer in this regard, shall subject such processor to an action for all damages which are sustained by the producer as a direct result of the failure or discrimination, and judgment against any processor may be entered in the discretion of the court either for the amount of the damages sustained or for three times the amount. Treble damages may, however, only be awarded if the producer has furnished the processor written notice of the claimed failure or discrimination within 48 hours after the claimed failure or discrimination. (Amended by Stats. 1989, Ch. 676, Sec. 19.)
  120. 40902.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 7. Discrimination in Furnishing Raw Product Containers [40901 - 40902] ( Heading of Article 7 amended by Stats. 1989, Ch. 676, Sec. 18. )

    Verify source ↗

    This article does not change existing contract remedies; it adds to them.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 7. Discrimination in Furnishing Raw Product Containers [40901 - 40902] ( Heading of Article 7 amended by Stats. 1989, Ch. 676, Sec. 18. ) ## 40902. This article does not affect existing remedies for the violation of a contract but is in addition to such existing remedies. (Repealed and added by Stats. 1977, Ch. 783.)
  121. 40930.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director must not enforce this article while a marketing order or commission covering the same subject is in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. ) ## 40930. The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. (Added by Stats. 1989, Ch. 676, Sec. 20.)
  122. 40931.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    A tomato processor that receives deliveries is designated as the director’s agent to collect inspection and certification fees.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. ) ## 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 certification fees which are chargeable to the processor and to each producer that delivers tomatoes. (Amended by Stats. 1989, Ch. 676, Sec. 21.)
  123. 40932.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The processor and producer must share the cost of inspection and certification equally.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. ) ## 40932. The cost of the inspection and certification shall be borne equally by both the processor and the producer. (Amended by Stats. 1989, Ch. 676, Sec. 22.)
  124. 40933.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    Money collected under this article must be remitted to the director every week during the tomato processing season.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. ) ## 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 Department of Food and Agriculture Fund to be used in carrying out the purposes of this chapter. (Amended by Stats. 1989, Ch. 676, Sec. 23.)
  125. 40934.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    Money collected under this chapter and not used for chapter purposes must be returned, unless this article provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. ) ## 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 to the processors from whom it was received for distribution to the processors and producers from whom the money was originally collected, in proportion to their several interests. (Amended by Stats. 1989, Ch. 676, Sec. 24.)
  126. 40935.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    The director may determine that some inspection and certification fees do not need to be returned if returning them would be impracticable.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 8. Fees [40930 - 40935] ( Article 8 added by Stats. 1977, Ch. 783. ) ## 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 to any processing season is impracticable because of the smallness of the amounts returnable, or for any other reason, the money so collected shall not be so returned but shall remain in the Department of Food and Agriculture Fund and be available for expenditure for the purposes of this chapter in any subsequent year. (Amended by Stats. 1989, Ch. 676, Sec. 25.)
  127. 40961.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 9. Violations [40961 - 40963] ( Article 9 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    A person must not deliver, accept, or process tomatoes for processing unless the tomatoes have been certified as meeting the chapter’s requirements or regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 9. Violations [40961 - 40963] ( Article 9 added by Stats. 1977, Ch. 783. ) ## 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 as meeting the requirements of this chapter or the regulations established pursuant to this chapter. (Amended by Stats. 1989, Ch. 676, Sec. 26.)
  128. 40962.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 9. Violations [40961 - 40963] ( Article 9 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    A person may not deliver, and a processor may not accept, a rejected load of tomatoes until it has been reconditioned, reinspected, and certified by the proper enforcing officer.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 9. Violations [40961 - 40963] ( Article 9 added by Stats. 1977, Ch. 783. ) ## 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 been rejected for failing to comply with the standards established pursuant to this chapter, until the load has been reconditioned to comply with the standards, reinspected, and a certificate issued by the proper enforcing officer. (Amended by Stats. 1989, Ch. 676, Sec. 27.)
  129. 40963.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 9. Violations [40961 - 40963] ( Article 9 added by Stats. 1977, Ch. 783. )

    Verify source ↗

    It is unlawful for any person to remove, deface, or destroy a warning tag or notice placed by a proper enforcing officer on a rejected lot or load of tomatoes for processing purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 9. Violations [40961 - 40963] ( Article 9 added by Stats. 1977, Ch. 783. ) ## 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 upon a rejected lot or load of tomatoes for processing purposes. (Amended by Stats. 1989, Ch. 676, Sec. 28.)
  130. 41.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In this code, “Section” means a section of the code unless another statute is specifically mentioned.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 41. “Section” means a section of this code, unless some other statute is specifically mentioned. (Enacted by Stats. 1967, Ch. 15.)
  131. 410.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Legislature states that the Department of Food and Agriculture should work with county officials and industry representatives to develop nonstate funding sources for certain county agriculture and weights-and-measures programs.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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 satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. (Amended by Stats. 2015, Ch. 374, Sec. 3. (AB 862) Effective January 1, 2016.)
  132. 41000.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    The director must not enforce this article while a marketing order or commission covering the same subject is in effect.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 41000. The director shall not enforce this article during the period that any marketing order or commission covering the same subject is in effect. (Added by Stats. 1989, Ch. 676, Sec. 30.)
  133. 41001.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    This section creates the Processing Tomato Advisory Committee and sets how its members are appointed.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 of tomatoes for processing and five members who shall be representatives of processors engaged in the processing of tomatoes. The director may appoint one additional member of the committee, who shall be a public member. Upon the director’s request, the committee shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor nor financially interested in any producer, shipper, or processor, for appointment by the director as a public member of the committee. The director may appoint one of the nominees as the public member on the committee. If all nominees are unsatisfactory to the director, the committee shall continue to submit lists of nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the director from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee. (Amended by Stats. 1989, Ch. 676, Sec. 31.)
  134. 41002.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    The Legislature declares that producers and processors appointed to the Processing Tomato Advisory Committee are meant to represent the interests of the tomato-processing industry and serve the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 Processing Tomato Advisory Committee pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 1989, Ch. 676, Sec. 32.)
  135. 41003.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    When selecting committee members, the director must consider recommendations from specified tomato producer and processor organizations.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 for processing and of processors of tomatoes for processing. (Amended by Stats. 1989, Ch. 676, Sec. 33.)
  136. 41004.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    Committee members serve three-year terms, and vacancies during an unexpired term are filled by appointment for the rest of that term.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 unexpired term. (Repealed and added by Stats. 1977, Ch. 783.)
  137. 41005.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    The committee must act in an advisory role to the director on tomato standards for processing, and it may make recommendations and advice on regulations, research, sampling, and chapter budgeting matters.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 the following: (a) Recommend to the director administrative regulations which relate to the administration and enforcement of this chapter. (b) Recommend to the director the institution and promotion of scientific research. (c) Recommend to the director the sampling for conditions not currently provided for in this chapter or regulations adopted pursuant to this chapter. (d) Advise the director on all matters pertaining to this chapter including the annual budget and revenue necessary to accomplish the purpose of this chapter. (Amended by Stats. 1989, Ch. 676, Sec. 34.)
  138. 41006.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    The committee must meet when called by its chairman or requested by the director at the request of any three members, and it must meet at least once each year.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 shall meet at least once each year. (Repealed and added by Stats. 1977, Ch. 783.)
  139. 41007.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    The committee must hold its meetings at the department office in Sacramento, or elsewhere in the state if needed for its duties.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 proper performance of its duties. (Repealed and added by Stats. 1977, Ch. 783.)
  140. 41008.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    Committee members, certain alternate members, and certain advisory committee members may be reimbursed for actual and necessary official expenses if the director approves, but they may not receive any other consideration.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 the chairman of the committee, may, with approval of the director, be reimbursed for the actual and necessary expenses incurred in the performance of their official duties. However, members may not receive any other consideration. Any of these reimbursements shall be made at the rate permitted under the rules of the Department of Human Resources. (Amended by Stats. 2012, Ch. 665, Sec. 24. (SB 1308) Effective January 1, 2013.)
  141. 41009.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    The director must appoint alternate members for committee members, including a producer alternate for each producer member and a processor representative alternate for each processor representative.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 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 producer member and a processor representative as alternate for each processor representative, and shall give consideration to the representative of the member for whom the alternate is designated to serve. (Amended by Stats. 1989, Ch. 676, Sec. 35.)
  142. 4101.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

    Verify source ↗

    This section renames and organizes Exposition Park/California Science Center governance, and bars covered state officers or employees from taking nonprofit compensation without prior written approval.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4101. (a) The Sixth District Agricultural Association shall also be known as Exposition Park. It is in the Natural Resources Agency and is deemed to be a tax-exempt organization as an instrumentality of this state in accordance with Section 23706 of the Revenue and Taxation Code. (b) All of the following shall apply to Exposition Park: (1) The Board of Directors of the Sixth District Agricultural Association shall be the Board of Directors for Exposition Park and for the California Science Center, except with respect to those matters delegated to the Exposition Park Manager pursuant to Section 4108 or the Board of Directors of the California African American Museum pursuant to Section 4104. (2) Property or other interests presently held in title by the Sixth District Agricultural Association, also known as the California Science Center, except as detailed in paragraph (3), shall vest in Exposition Park on behalf of the State of California. (3) Upon the effective date of the change in name referred to in subdivision (a), there shall be deemed located within Exposition Park an entity referred to as the California Science Center, which shall include the Samuel Oschin Space Shuttle Endeavour Display Pavilion; the 3D IMAX Theater; the Dr. Theodore T. Alexander, Jr. Science Center School; the Wallis Annenberg Building; Phase I and Phase II of the California Science Center; and any additional construction developed pursuant to Phase III of the Master Plan developed and approved for Exposition Park, including any development authorized pursuant to Sections 4103 and 4103.5. The California Science Center shall manage, lease, and dispose of the property identified in this paragraph consistent with existing state law, in coordination with the Exposition Park Manager, and with approval of the Exposition Park Board, and all contracts or other agreements for this property that identify the California Science Center as the contracting party. (4) Notwithstanding Section 3964, the Exposition Park Manager appointed pursuant to Section 4108 shall be considered the executive director and manager of the board of directors of Exposition Park, except that the executive director of the California Science Center shall be considered the executive director and manager of the board of directors for matters within the sole jurisdiction of the California Science Center. (5) Consistent with Section 4060, and all other applicable state law, a state officer or employee of the Sixth District Agricultural Association, including any officer or employee of any state entity located in Exposition Park, shall not accept any compensation from any nonprofit organization for work performed in part or in full without prior written approval from the Secretary of the Natural Resources Agency. (Amended by Stats. 2018, Ch. 37, Sec. 4. (AB 1817) Effective June 27, 2018.)
  143. 4101.2.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

    Verify source ↗

    The California Science Center may make a long-term lease, up to 40 years, for a school conversion project if the required approvals are obtained.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4101.2. (a) Notwithstanding any other law, the California Science Center, with the approval of the Director of General Services and the Secretary of the Natural Resources Agency, may enter into a long-term lease agreement, not to exceed 40 years, with terms and conditions determined by the Director of General Services to be in the best interest of the state, with the Los Angeles Unified School District to convert the Armory, also known as the Wallis Annenberg Building, and surrounding land in or near Exposition Park to a demonstration mathematics and science-based school. (b) For the purposes of carrying out subdivision (a), all of the following requirements apply: (1) Plans shall be developed by the Los Angeles Unified School District for the conversion described in subdivision (a). (2) The Los Angeles Unified School District shall demonstrate to the Director of General Services that it has sufficient funds, from sources other than the California Science Center, to complete the conversion. (3) The Los Angeles Unified School District shall give attention to the historical preservation of the Armory, also known as the Wallis Annenberg Building, in developing plans and completing the conversion. (4) All lease documents necessary to complete the conversion shall be approved by the Director of General Services before their execution. (Amended by Stats. 2018, Ch. 37, Sec. 5. (AB 1817) Effective June 27, 2018.)
  144. 4101.3.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

    Verify source ↗

    The California Science Center may enter a site lease for Phase II, but only with specified approvals, and the foundation must help carry out the project under set financing, oversight, inspection, and indemnity terms.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4101.3. (a) Notwithstanding any other law, the California Science Center is hereby authorized to enter into a site lease with the California Science Center Foundation, a California Nonprofit Corporation, with the approval of the Natural Resources Agency, the Department of Finance, and the Department of General Services, for the purpose of the foundation developing, constructing, equipping, furnishing, and funding the project known as Phase II of the California Science Center. The overall construction cost and scope shall be consistent with the amount authorized in the Budget Act of 2002, provided that this section shall not prevent the foundation from expending additional nonstate funds to complete Phase II provided that the additional expenditures do not result in additional state operation and maintenance costs. Any additional expenditure of nonstate funds by the foundation shall not increase the state’s contribution. (b) For the purpose of carrying out subdivision (a), all of the following apply: (1) In connection with the development described in subdivision (a), above, the foundation may, in its determination, select the most qualified construction manager/general contractor to oversee and manage the work and prepare the competitive bid packages for all major subcontractors to be engaged in the construction of the Phase II Project. Any construction manager/general contractor selected shall be required to have a California general contractor’s license. (2) Before commencement of construction of the Phase II Project, the California Science Center shall enter into a lease-purchase agreement upon approval by the Department of Finance with the foundation on terms that are compatible with the Phase I Project financing. The term of the lease-purchase agreement shall be a term not to exceed 25 years. Lease payments on behalf of the state shall be commensurate with the twenty-two million nine hundred forty-five thousand two hundred sixty-three dollars ($22,945,263), (nineteen million one hundred thirty-seven thousand dollars ($19,137,000) plus 19.9 percent augmentation authority) construction cost allocation of the state. Lease payments may also include any cost of financing that the foundation may incur related to tax-exempt financing. The California Science Center shall be authorized to direct the Controller to send the rental payments under the lease-purchase agreement directly to the foundation’s bond trustee. (3) The foundation shall ensure that the Phase II Project is inspected during construction by the state in the manner consistent with state infrastructure projects. The foundation shall also indemnify and defend and save harmless the Department of General Services for any and all claims and losses accruing and resulting from or arising out of the foundation’s use of the state’s plans and specifications. The foundation and the California Science Center, upon consultation with the Director of General Services and the Department of Finance, shall agree on a reasonable level of state oversight throughout the construction of the Phase II Project in order to assist the foundation in the completion of the project within the intended scope and cost. (4) At the end of the term of the site lease and the lease-purchase agreement unencumbered title to the land and improvements shall return to the state with jurisdiction held by Exposition Park and the facilities managed by the California Science Center on behalf of Exposition Park. (Amended by Stats. 2020, Ch. 370, Sec. 119. (SB 1371) Effective January 1, 2021.)
  145. 4101.4.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

    Verify source ↗

    The California Science Center may make personal services contracts with its foundation without competitive bidding, but the contracts need approval from the Natural Resources Agency and the Department of General Services.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 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 to support specialized functions, such as exhibit maintenance, and educational and guest services programs, including animal care and horticulture. (b) Notwithstanding any other law, the California Science Center may enter into a personal services contract or contracts with the California Science Center Foundation without a competitive bidding process. These contracts shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements. (c) Notwithstanding any other law, for any fiscal year, the Director of Finance may allocate moneys to the California Science Center to mitigate the impact of future state minimum wage increases on contracts authorized pursuant to subdivision (b). (d) (1) Allocations made pursuant to subdivision (c) shall occur no sooner than 30 days, or no sooner than a lesser time as determined by the Chairperson of the Joint Legislative Budget Committee or their designee, after notification is provided in writing to all of the following: (A) The chairpersons of the committees in each house of the Legislature that consider appropriations. (B) The chairpersons of the committees and appropriate subcommittees that consider the state budget. (C) The Chairperson of the Joint Legislative Budget Committee. (2) The notification shall include the amount of the proposed allocation and an explanation of the rationale for the proposed amount. (Amended by Stats. 2023, Ch. 51, Sec. 6. (SB 122) Effective July 10, 2023.)
  146. 41010.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. )

    Verify source ↗

    Alternate members may serve at committee meetings only when the regular member they replace is absent.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Standards for Tomatoes [40701 - 41010] ( Heading of Chapter 2 amended by Stats. 1989, Ch. 676, Sec. 1. ) ## ARTICLE 10. Processing Tomato Advisory Committee [41000 - 41010] ( Heading of Article 10 amended by Stats. 1989, Ch. 676, Sec. 29. ) ## 41010. Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as alternate. (Repealed and added by Stats. 1977, Ch. 783.)
  147. 4102.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

    Verify source ↗

    Exposition Park may build and operate certain event buildings, and may lease or license their use, but only with approval from the Natural Resources Agency.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4102. Exposition Park, with the approval of the Natural Resources Agency, may build, construct, and maintain and operate a stadium or any arena, pavilion, or other building that is to be used for the holding of sports events, athletic contests, contests of skill, exhibitions, spectacles, and other public meetings. It may lease, let, or grant licenses for the use of that stadium, arena, pavilion, or other building, with the approval of the Natural Resources Agency. (Amended by Stats. 2018, Ch. 37, Sec. 7. (AB 1817) Effective June 27, 2018.)
  148. 4103.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

    Verify source ↗

    The California Science Center may establish an air and space center in its building at Exposition Park, if it does so in consultation with the Exposition Park Manager.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4103. The California Science Center, in consultation with the Exposition Park Manager, may establish an air and space center in its building at Exposition Park in the City of Los Angeles. (Amended by Stats. 2018, Ch. 37, Sec. 8. (AB 1817) Effective June 27, 2018.)
  149. 4103.5.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

    Verify source ↗

    The California Science Center may make Phase III agreements and leases only with required approvals, and the Foundation must meet several financing, construction, coordination, indemnity, and reimbursement conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4103.5. (a) (1) The California Science Center may enter into one or more agreements or leases with the California Science Center Foundation, a California nonprofit public benefit corporation, with the approval of the Natural Resources Agency, the Department of Finance, and the Department of General Services, for the purpose of developing, designing, constructing, equipping, furnishing, operating, and funding the project known as the Phase III Project of the California Science Center, which is located adjacent to or contiguous with the existing Phase I Project and Phase II Project of the California Science Center in Exposition Park. Those agreements and leases shall include a site lease of the land on which the Phase III Facilities are to be constructed with the California Science Center Foundation for a nominal payment, and a lease-purchase agreement pursuant to which the California Science Center shall lease and acquire the Phase III Facilities from the California Science Center Foundation. The site lease and the lease-purchase agreement shall be for a term ending 30 years after the later of October 1, 2022, or the date on which the Phase III Facilities are certified available for use and occupancy. The lease payments on behalf of the state shall be two million four hundred thirty thousand dollars ($2,430,000) per year for the term of the lease-purchase agreement, commencing on the later of October 1, 2022, or the date on which Phase III Facilities are certified available for use and occupancy. (2) Before entering into any agreement or lease with the California Science Center Foundation relating to the Phase III Project, the California Science Center shall have approval for the Phase III Project from the Natural Resources Agency and the Department of Finance. (3) All agreements or leases entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall be on terms compatible with the financing arrangements that exist on the Phase I Project and Phase II Project. The entire design and construction cost of the Phase III Project shall be the sole responsibility of the California Science Center Foundation. Except for the lease payments contemplated in paragraph (1), any agreement or lease entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall not contain terms, either directly or indirectly, that obligate the California Science Center, Exposition Park, or the state to pay or repay any debt issuance or other financing that may be associated with the Phase III Project. (4) Except for the site lease and the lease-purchase agreement described in paragraph (1), the agreements or leases entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project may have a term of up to 50 years. The California Science Center Foundation shall agree not to enter into any third-party donation, grant, or funding arrangement that limits or restricts the use or purpose of the Phase III Project beyond the agreement or lease duration as authorized in this section. (5) All agreements or leases entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall contain a provision that the California Science Center Foundation agrees to indemnify, defend, and save harmless the state from any and all claims and losses arising out of the design and construction of the Phase III Project to the same extent the state is customarily indemnified by its architects, engineers, and contractors in connection with state infrastructure projects of similar type and scope. (6) The scope of the Phase III Project shall be consistent with the Exposition Park Master Plan and may include the demolition of existing administration buildings and other ancillary state facilities. The Phase III Project shall be developed in a manner that is consistent with the state’s climate change goals and the Green Building Action Plan, and complies with the requirements of Executive Order No. B-18-12, including, but not limited to, meeting the LEED Silver and other requirements for new or major renovated state buildings. The scope of the Phase III Project shall be consistent with the plans and specifications as approved by the Office of the State Fire Marshal and the Division of the State Architect in November 2016. (b) For the purpose of carrying out subdivision (a), all of the following shall apply: (1) All contracts in connection with the design, construction, and installation of the Phase III Project shall be contracts entered into by the California Science Center Foundation, and notwithstanding any other law, shall not be subject to state procurement law or law pertaining to state contracts. (2) The California Science Center Foundation shall, and shall cause its contractors to, coordinate construction activity associated with the Phase III Facilities with the Exposition Park Manager and shall ensure the construction activity is carried out in a manner that complies with all existing leases and other commitments of the state with respect to Exposition Park and limits the impact on the tenants in and visitors to Exposition Park. Significant aspects of construction activity such as staging, parking, and security shall be subject to the prior review and approval of the Exposition Park Manager. Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall obligate the California Science Center Foundation to reimburse the state for any lost revenue of the state while the Phase III Project is under construction to the extent resulting from the lost use of any area of Exposition Park other than the area approved to be occupied by the Phase III Facilities pursuant to the schematic design approved by the board of directors of the California Science Center on July 23, 2014, as may be revised from time to time by agreement between the parties thereto and with the approval of the Natural Resources Agency and the Department of Finance. Before the commencement of any construction of the Phase III Facilities, including, but not limited to, any related demolition of existing structures, the California Science Center Foundation and the Exposition Park Manager shall meet and confer in order to develop a construction schedule that shall not interfere with any previously scheduled events on the Exposition Park property. After the development of that construction schedule, the Exposition Park Manager shall coordinate any future event scheduling that could affect the construction of the Phase III Facilities with the California Science Center Foundation and its construction schedule. Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall obligate the California Science Center Foundation to coordinate its construction schedule with the Exposition Park Manager with respect to special events planned on Exposition Park property. Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall also obligate the California Science Center Foundation to indemnify, defend, and save harmless the state from any and all claims and losses resulting from any failure of the California Science Center Foundation to adhere to its construction schedule, as that schedule may be revised from time to time in consultation with the Exposition Park Manager, or to coordinate its construction schedule with the Exposition Park Manager with respect to special events planned on Exposition Park property, except, in each case, to the extent resulting from the failure of the Exposition Park Manager to coordinate any events planned in Exposition Park that could affect the construction with the California Science Center Foundation and its construction schedule. (3) The California Science Center Foundation shall ensure the Phase III Facilities are inspected during construction by the state in a manner consistent with state infrastructure projects. Before commencement of construction, the California Science Center Foundation and the California Science Center, upon consultation with the Department of General Services, the Natural Resources Agency, and the Department of Finance, shall agree on a reasonable level of state oversight throughout the construction of the Phase III Facilities to ensure the approved project scope is maintained, that initial estimates regarding long-term operation and maintenance obligations remain accurate, and that all project requirements are met. (4) Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall provide that, upon completion and certification that the Phase III Facilities are available for use and occupancy, the ownership and operation of the Phase III Facilities shall be under the control of the California Science Center with respect to the building and any museum-related structures and Exposition Park with respect to the other structures and the adjacent plazas and landscaping, provided that, during the term of the site lease and the lease-purchase agreement, title to the Phase III Facilities operated by the California Science Center shall be held by the California Science Center Foundation, and at the end of the term of the site lease and the lease-purchase agreement, unencumbered title to the Phase III Facilities shall transfer to the state with jurisdiction held by the California Science Center in accordance with the lease-purchase agreement. (5) Notwithstanding any other law, including, but not limited to, Section 11007 of the Government Code, the California Science Center may consult with the Department of General Services for the procurement of property insurance, including fire, lightning, and extended coverage insurance, on the Phase III Facilities, subject to reasonable deductibles, provided the insurance is available on the open market from reputable insurance companies at a reasonable cost. (c) For purposes of this section, the following terms have the following meanings: (1) “Phase III Facilities” shall mean all buildings, structures, and plazas and landscaping adjacent to those buildings and structures constructed by the California Science Center Foundation as part of the Phase III Project of the California Science Center. “Phase III Facilities” shall not include exhibit elements and artifacts and the temporary space shuttle display pavilion. (2) “Phase III Project” shall mean the development, design, construction, equipping, furnishing, operation, and funding of the Phase III Facilities, as well as all exhibit elements. (Amended by Stats. 2018, Ch. 37, Sec. 9. (AB 1817) Effective June 27, 2018.)
  150. 4104.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    This section sets out the California African American Museum’s board structure, powers, and operating duties.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 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 history and culture of this state and the nation. (b) The California African American Museum is a part of Exposition Park and coexists with the California Science Center. (c) The California African American Museum is governed by a seven-member board of directors. The Governor shall appoint the seven members, at least four of whom shall reside within the boundaries of the 6th Agricultural District. In addition, the Senator representing the Senate district in which the California African American Museum is located and the Assembly Member representing the Assembly district in which the museum is located shall be ex officio nonvoting members of the board. The two legislative ex officio nonvoting members of the board shall participate in the activities of the board to the extent that their participation is not incompatible with their respective positions as Members of the Legislature. The appointees of the Governor shall be appointed to four-year terms with the initial terms of appointment expiring as follows: one term expiring January 1, 1984, one term expiring January 1, 1985, one term expiring January 1, 1986, and one term expiring January 1, 1987. The person appointed to the Advisory Board of the California Museum of African American History and Culture by the Board of Directors of the California Science Center before the amendments made to this section by Chapter 1439 of the Statutes of 1987 shall serve on the Board of Directors of the California African American Museum until the Governor makes the fifth appointment authorized pursuant to those amendments. The fifth appointment made to the board shall serve a term expiring on January 1, 1990, the sixth appointment shall serve a term expiring on January 1, 1991, and the seventh appointment shall serve a term expiring on January 1, 1992. (d) The Board of Directors of the California African American Museum shall have the authority, subject to existing state laws, regulations, and procedures, to determine how funds that have been appropriated and duly allocated by the Legislature and the Governor for support of the museum shall be expended. The board also shall have the authority, subject to existing state laws, regulations, and procedures, to contract with any state agency, institution, independent contractor, or private nonprofit organization that the board determines to be appropriate and qualified to assist in the operation of the museum. The board shall further have authority to establish the operations, programs, activities, and exhibitions of the California African American Museum. The Board of Directors of the California African American Museum shall be solely responsible for the actions taken and the expenditures made by the staff of the California African American Museum in the scope and course of their employment. (e) The Board of Directors of the California African American Museum shall appoint an executive director, who shall be exempt from civil service, and any necessary staff to carry out the provisions of this section, who shall be subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The California African American Museum shall submit its annual budget request directly to the Natural Resources Agency. The California African American Museum may accept grants, contributions, and appropriations from federal, state, local, and private sources for its operation. (f) The California African American Museum shall preserve, collect, and display samples of African American contributions to the arts, sciences, religion, education, literature, entertainment, politics, sports, and history of the state and the nation. The enrichment and historical perspective of that collection shall be made available for public use and enjoyment. (g) The California African American Museum shall use stationery and other supplies of the former museum and shall phase in the name change with existing resources. (Amended by Stats. 2023, Ch. 51, Sec. 7. (SB 122) Effective July 10, 2023.)
  151. 4104.5.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    The board may make and sell museum merchandise contracts, but most concession contracts must use competitive requests for proposals and cannot run longer than five years.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4104.5. (a) The board may enter into concession contracts to license or sell, or both, its branded merchandise, images, and other museum-related merchandise directly to the public for revenue generation. Concession contracts, other than those entered into pursuant to Section 4105.5, shall be issued through competitive requests for proposals, and shall seek the best value for the state through a mixture of rental rates or revenue shares, or both. A concession contract executed pursuant to this section shall not exceed five years in length, with one automatic right to renew at new terms, which shall be mutually agreeable to the board and the concessionaire, including any necessary adjustments in rental rates or revenue shares. The board shall require a provision that allows termination at any time with 180 days prior notice. (b) The board may license or sell, or both, its branded merchandise, images, and other museum-related merchandise directly to the public at the board’s discretion. (c) In addition to onsite concessions, the board may enter into merchandise agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of museum-branded merchandise, images, or other museum-related merchandise to the public. The California African American Museum shall receive fair and reasonable revenues and commissions from any merchandise agreement. These merchandise agreements shall be approved by the Natural Resources Agency and the Department of General Services and shall be subject to all state audit requirements. (d) All rents, revenues, and commissions received by the California African American Museum as a result of this section shall be paid into a designated account within the Exposition Park Improvement Fund, established pursuant to Section 4106. (e) For purposes of this section, “board” means the Board of Directors of the California African American Museum. (f) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (Added by Stats. 2023, Ch. 51, Sec. 8. (SB 122) Effective July 10, 2023. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)
  152. 4105.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    A state entity may not charge parking fees for parking facilities around the Los Angeles Memorial Coliseum during December 14–21 each year when the museum hosts a qualifying charitable toy-and-food collection event.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4105. Notwithstanding any other law, from December 14 to December 21, inclusive, of any year, a state entity shall not charge parking fees for the parking facilities surrounding the Los Angeles Memorial Coliseum when an event is being held at the facilities of the museum by a private nonprofit charitable organization for the purpose of collection and distribution of toys and food. (Amended by Stats. 2018, Ch. 37, Sec. 11. (AB 1817) Effective June 27, 2018.)
  153. 4105.5.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    This section lets the museum and its board work with a foundation for fundraising, contracts, events, and reporting, subject to approval and audit requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4105.5. (a) For purposes of this section, the following terms apply: (1) “Board” means the Board of Directors of the California African American Museum. (2) “Foundation” means the California African American Museum Foundation. (3) “Museum” means the California African American Museum. (b) The Legislature finds and declares that the operation of the museum may require individual skills not generally available in state civil service to support specialized functions, such as special exhibit development and maintenance, indemnity protection, and educational and guest services programs. (c) Notwithstanding any other law, the executive director of the museum may, with the approval of the Secretary of the Natural Resources Agency, work to establish a nongovernmental trust, to be known as the California African American Museum Foundation. (d) The purposes of the foundation shall be all of the following: (1) To seek funds for the museum to expand its public programming. (2) To jointly manage a gift store or museum store onsite, the proceeds of which will be used to fund further programming at the museum as determined by the board. (3) To jointly manage public events that promote the mission of the museum. (4) To encourage the development of youth-based programming, particularly internship and arts-based programming that help develop employment skills in the local and regional community, with an emphasis on disadvantaged communities in or around the museum. (e) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). To the extent of any conflict between this section and the Nonprofit Public Benefit Corporation Law, this section shall prevail. (f) For purposes of developing the foundation, the executive director of the museum may use state funds, upon appropriation by the Legislature, to contract with any private or nonprofit law firm to help establish the foundation and provide it with general counsel for not more than one year from the date of its inception. The museum shall in no way be legally responsible for any action or decision made by the foundation. (g) Notwithstanding any other law, the museum may develop and enter into no-bid personal services contracts, joint management agreements, lease agreements, and other contracts with the foundation subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. (h) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may enter into an agreement with the foundation or others to develop, solicit, sell, and service these agreements. Any fees charged, or revenues shared with the foundation or other contractors, pursuant to these agreements shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. The museum shall limit the foundation to reasonable administration fees, which fees shall cover both direct, indirect, and overhead expenses of the foundation. All revenue generated and received by the foundation pursuant to this section shall be used for the benefit of the museum, except for those reasonable administration costs incurred by the foundation in managing those funds. (i) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may authorize the foundation to represent it for the purpose of receiving donations on its behalf both onsite, and through the use of copyrighted marketing material. If the museum provides authorization for the foundation to represent it, as described in this section, the board may require the foundation to report quarterly on revenues received and expended. All revenues generated and received by the foundation shall be used for the benefit of the museum, except those reasonable administration costs incurred by the foundation in managing those funds, which administration costs shall be determined by mutual donation agreement before the acceptance of any donations or use of any marks owned by the museum. The mutual donation agreement shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements. (j) Consistent with any mutual donation agreement authorized in subdivision (i), the board may further authorize the foundation to use the museum for special events. The foundation shall either charge a fee for the special events or accept minimum donations in lieu of fees, which moneys shall be subject to the mutual donation agreement. All fees and donations received by the foundation for special events shall be itemized and accounted for to the board at its next regularly scheduled meeting. For all foundation managed events, the foundation shall obtain necessary insurance, and comply with all appropriate public safety and janitorial services, and shall provide its own staff or contractors to develop and manage the special event. All special events shall be preapproved by the executive director of the board, in consultation with the Natural Resources Agency. (k) The executive director of the board, on behalf of the board, shall annually report on the status of all foundation activities to the Department of Finance regarding the various agreements and revenues identified in this section. The Department of Finance may, upon reasonable notice, examine the books and records of the foundation, and all parties in contract with the museum. (l) On or before January 10, 2024, and annually thereafter, the Department of Finance, in coordination with the foundation, shall submit a report to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst’s Office. The report shall include, but not be limited to, all of the following: (1) An update on foundation activities undertaken pursuant to the authorities granted in this section. (2) Details on all joint management agreements, lease agreements, and any contracts executed between the State of California and the foundation. (3) Revenues and expenditures associated with foundation activities at the museum. (4) A summary of agreements entered into pursuant to subdivisions (a), (b), and (c) of Section 4104.5 that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000). (m) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (Added by Stats. 2023, Ch. 51, Sec. 9. (SB 122) Effective July 10, 2023. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)
  154. 4106.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    Exposition Park must develop and manage parking facilities in a way that protects specified museum interests, deposit related revenues into a special fund, and limit use of that fund to approved Exposition Park improvements.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4106. (a) Exposition Park shall work with the Los Angeles Memorial Coliseum Commission, the City of Los Angeles, and the County of Los Angeles to develop additional parking facilities in Exposition Park to the extent necessary to allow for expansion of the park. (b) Exposition Park shall manage or operate its parking facilities in a manner that preserves and protects the interests of the California Science Center and the California African American Museum and recognizes the cultural and educational character of Exposition Park. (c) The Exposition Park Improvement Fund is hereby created in the State Treasury. All revenues received by Exposition Park from its parking facilities, from rental of state facilities, or from other business activities shall be deposited in the Exposition Park Improvement Fund. (d) The moneys in the Exposition Park Improvement Fund may only be used, upon appropriation by the Legislature, for improvements to Exposition Park, including, but not limited to, maintenance of existing state facilities, replacement of state equipment, supplies and wages expended to generate revenues from rental of state facilities, development of new parking facilities, and acquisition of land within or adjacent to Exposition Park. (e) (1) The Legislature hereby finds and declares that there is a need for development of additional park, recreation, museum, and parking facilities in Exposition Park. The Legislature recognizes that the provision of these needed improvements as identified in the Exposition Park Master Plan may require the use of funds provided by other governmental agencies or private donors. (2) Exposition Park may accept funds from other governmental agencies or private contributions for the purpose of implementation of the Exposition Park Master Plan. The private contributions and funds from governmental agencies other than state governmental agencies shall be deposited in the Exposition Park Improvement Fund in the State Treasury and shall be available for expenditure without regard to fiscal years by Exposition Park for implementation of the Exposition Park Master Plan. Funds from other state governmental agencies shall be deposited in the Exposition Park Improvement Fund and shall be available for expenditure, upon appropriation, by Exposition Park for implementation of the Exposition Park Master Plan. However, any expenditure is not authorized sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house of the Legislature that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time as the chairperson of the joint committee, or his or her designee, may in each instance determine. Neither the City of Los Angeles nor the County of Los Angeles shall impose any tax upon tickets purchased authorizing the use of parking facilities owned by Exposition Park. (Amended by Stats. 2018, Ch. 37, Sec. 12. (AB 1817) Effective June 27, 2018.)
  155. 4107.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    A state legislator representing any district in Los Angeles County may be appointed as a director of the California Science Center.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 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 the California Science Center. (Amended by Stats. 1996, Ch. 841, Sec. 11. Effective January 1, 1997.)
  156. 4108.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    The section creates an Exposition Park Manager position, lets that manager appoint security leadership, and requires certain approvals and training for park and museum security actions.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4108. There shall be established in Exposition Park the position of Exposition Park Manager to be filled by a person appointed by the Governor for the purpose of managing, scheduling, and administering all park-related events, including, but not limited to, oversight for the police and security services of the park. (a) The Exposition Park Manager may appoint the chief, assistant chief, and all security and safety officers of museum security and safety who shall have the powers of peace officers as specified in Section 830.3 of the Penal Code. (b) The officers appointed pursuant to subdivision (a) shall have completed the regular basic training course prescribed by the Commission on Peace Officer Standards and Training. The officers shall provide police and security services to keep order and to preserve the peace and safety of persons and property at all facilities in Exposition Park on a year-round basis, in coordination with the direction or information provided by the Exposition Park Manager. (c) The Exposition Park Manager, in consultation with the Natural Resources Agency and the Department of General Services, shall approve the leasing, construction, or alteration of existing facilities within Exposition Park. The executive director of the California Science Center and the executive director of the California African American Museum, in consultation with the Natural Resources Agency and the Department of General Services, shall approve the leasing, construction, or alteration of their respective museum facilities. All actions taken pursuant to this subdivision shall only occur upon approval or delegation of authority by the respective board of directors. (Amended by Stats. 2021, Ch. 411, Sec. 1. (AB 483) Effective January 1, 2022.)
  157. 4108.5.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    This section lets the agency award a noncompetitive grant to a nonprofit organization and lets the nonprofit plan, build, and maintain a Holocaust memorial at Exposition Park, subject to consultation, approvals, and specified review steps.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4108.5. (a) For purposes of this section, the following terms have the following meanings: (1) “Agency” means the Natural Resources Agency. (2) “Department” means the Department of General Services. (3) “Exposition Park” means the Sixth District Agricultural Association, and shall also be known as the Office of Exposition Park Management. (4) “Nonprofit organization” means a recognized nonprofit organization that is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code, and that represents victims and survivors of the Holocaust. (b) Consistent with funding and authority provided in the annual budget act, the agency may enter into a noncompetitive grant with a nonprofit organization, subject to the requirements of this section. (c) The nonprofit organization, in consultation with the agency and department, may plan, construct, and maintain a memorial to the victims and survivors of the Holocaust at Exposition Park in accordance with this section. The memorial shall be consistent with the operating policies and procedures of the Office of Exposition Park Management, including the location of the memorial. (d) The department, in consultation with the nonprofit organization and the agency, shall do all of the following: (1) Review the preliminary design plans to identify potential maintenance concerns. (2) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) Review final construction documents to ensure that the documents comply with all applicable laws. (4) Inspect all construction performed by the contractor selected by the nonprofit organization pursuant to this section. (e) The nonprofit organization, in consultation with the Office of Exposition Park Management and with the approval of the agency and department, shall do both of the following: (1) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements. (2) Prepare an agreement for the long-term maintenance and security of the memorial. (f) This section shall be implemented only upon appropriation by the Legislature for its purposes in the Budget Act or other statute. (Added by Stats. 2025, Ch. 14, Sec. 1. (SB 124) Effective June 27, 2025.)
  158. 4109.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. )

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    This section lets the Exposition Park office and foundation create and run certain agreements and revenue programs, but many actions need agency approvals and audit compliance.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. California Science Center [4101 - 4109] ( Heading of Article 1 amended by Stats. 1996, Ch. 841, Sec. 4. ) ## 4109. (a) For purposes of this section, the following terms apply: (1) “Foundation” means the Exposition Park Foundation. (2) “Office” means the office of the Exposition Park Manager, as described in Section 4108. (b) Notwithstanding any other law, the office may, with the approval of the Secretary of the Natural Resources Agency, work to establish a nongovernmental trust, known as the Exposition Park Foundation. (c) The purpose of the foundation shall be all of the following: (1) To seek funds for Exposition Park to expand its public programming and infrastructure developments and improvements. (2) To jointly manage public events that promote the mission of Exposition Park. (3) To lease portions of state property consistent with the state processes and approvals, and to develop, construct, equip, furnish, and fund the Exposition Park Master Plan or other initiatives of Exposition Park on those properties consistent with lease terms. (d) For purposes of subdivision (c), in connection with the development described in subdivision (c) of Section 4108, the foundation may, in its determination, select the most qualified construction manager or general contractor to oversee and manage the work and prepare the competitive bid packages for all major subcontractors to be engaged in the implementation and development of the Exposition Park Master Plan. Any construction manager or general contractor selected shall be required to have a California general contractor’s license. (e) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). To the extent of any conflict between this section and the Nonprofit Public Benefit Corporation Law, this section shall prevail. (f) For purposes of developing the foundation, the office may use state funds, upon appropriation by the Legislature, to contract with any private or nonprofit law firm to help establish the foundation and provide it with general counsel for not more than one year from the date of its inception. The office shall in no way be legally responsible for any action or decision made by the foundation. (g) Notwithstanding any other law, the office may develop and enter into no-bid personal services contracts, joint management agreements, lease agreements, and other contracts or grants, as appropriations and funding permits, with the foundation subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. (h) Notwithstanding any other law, the office may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may enter into an agreement with the foundation or others to develop, solicit, sell, and service these agreements. Any fees charged, or revenues shared with the foundation or other contractors, pursuant to these agreements shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. The office shall limit the foundation to reasonable administration fees, which fees shall cover both direct, indirect, and overhead expenses of the foundation. All revenue generated and received by the foundation pursuant to this section shall be used for the benefit of Exposition Park, except for those reasonable administration costs incurred by the foundation in managing those funds. (i) Notwithstanding any other law, the office may authorize the foundation to represent it for the purpose of receiving donations on its behalf both onsite, and through the use of copyrighted marketing material. If the office provides authorization for the foundation to represent it, as described in this section, the office may require the foundation to report quarterly on revenues received and expended. All revenues generated and received by the foundation shall be used for the benefit of Exposition Park and associated programming efforts, except those reasonable administration costs incurred by the foundation in managing those funds, which administration costs shall be determined by mutual donation agreement before the acceptance of any donations or use of any marks owned by the office. The mutual donation agreement shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. (j) Consistent with any mutual donation agreement authorized in subdivision (i), the office may further authorize the foundation to use Exposition Park for special events. The foundation shall either charge a fee for the special events or accept minimum donations in lieu of fees, which moneys shall be subject to the mutual donation agreement. All fees and donations received by the foundation for special events shall be itemized and accounted for to the office regularly. For all foundation managed special events, the foundation shall obtain necessary insurance, and comply with all appropriate public safety and janitorial services, and shall provide its own staff or contractors to develop and manage the special event. All special events shall be preapproved by the Exposition Park Manager, in consultation with the Natural Resources Agency. (k) The Exposition Park Manager, on behalf of the office, shall annually report on the status of all foundation activities to the Department of Finance regarding the various agreements and revenues identified in this section. The Department of Finance may, upon reasonable notice, examine the books and records of the foundation, and all parties in contract with the office. (l) The Legislature finds and declares that the operation of Exposition Park may require individual skills not generally available in state civil service to support specialized functions, such as special event development and programming, and educational and guest services programs. (m) Notwithstanding any other law, Exposition Park may enter into a personal services contract or contracts with the foundation without a competitive bidding process. These contracts shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements. (n) The office may enter into concession contracts to license or sell, or both, its branded merchandise, images, and other park-related merchandise directly to the public for revenue generation. Concession contracts, other than those contracts entered into pursuant to subdivisions (d), (f), (g), (h), (i), and (j) shall be issued through competitive requests for proposals, and shall seek the best value for the state through a mixture of rental rates or revenue shares, or both. A concession contract executed pursuant to this section shall not exceed five years in length, with one automatic right to renew at new terms, which shall be mutually agreeable to the office and the concessionaire, including any necessary adjustments in rental rates or revenue shares. The office shall require a provision that allows termination at any time with 180 days prior notice. (o) The office may license or sell, or both, its branded merchandise, images, and other park-related merchandise directly to the public in its discretion. (p) In addition to onsite concessions, the office may enter into merchandise agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of park-branded merchandise, images, or other park-related merchandise to the public. The office shall receive fair and reasonable revenues and commissions from any merchandise agreement. These merchandise agreements shall be approved by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. (q) All rents, revenues, and commissions received by Exposition Park pursuant to subdivisions (n), (o), and (p) shall be paid into a designated special fund within the Exposition Park Improvement Fund, established pursuant to Section 4106. (r) On or before January 10, 2024, and annually thereafter, the Department of Finance, in coordination with the office, shall submit a report to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst’s Office. The report shall include, but not be limited to, all of the following: (1) An update on the foundation’s activities undertaken pursuant to the authorities granted in this section. (2) Details on all joint management agreements, lease agreements, and any contracts executed between the State of California and the foundation. (3) Revenues and expenditures associated with foundation activities at Exposition Park. (4) A summary of agreements entered into pursuant to subdivisions (n), (o), and (p) that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000). (s) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (Added by Stats. 2023, Ch. 51, Sec. 10. (SB 122) Effective July 10, 2023. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)
  159. 411.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The Department of Food and Agriculture must prepare and supply a production forecast to the Department of Water Resources, using 20-year estimates and an added table on agricultural water needs.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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, fiber, livestock, and other farm products. (b) As part of the forecast, the Department of Food and Agriculture’s assumptions shall be based upon 20-year estimates that include, but are not limited to, the following data: (1) Land use conversion rates and the amount of land available for agricultural production. (2) The growing need for food, fiber, livestock and other farm products as the state’s and the nation’s populations grow. (3) Implementation of irrigation technology and other on-farm water conservation measures. (4) Advances in crop yields and production techniques. (5) Alternate uses of crops. (c) The department shall include an additional table in the forecast that estimates the agricultural water needs based upon food security considerations that include, at a minimum, the following: (1) Population growth estimates. (2) Production of farm products sufficient to feed the state’s population, as well as continue to provide at least 25 percent of the nation’s table food. (3) Production necessary to meet the growth in export markets. (d) To the extent feasible, the Department of Food and Agriculture may cooperate with the Department of Finance, the University of California, and other institutions and organizations in obtaining information for the forecasts. (e) The Department of Food and Agriculture shall furnish the forecast to the Department of Water Resources for estimating related water usage, as well as to the Chairs of the Assembly Committee on Agriculture, the Assembly Committee on Water, Parks, and Wildlife, and the Senate Committee on Agriculture and Water Resources. The Department of Water Resources shall include this information in Bulletin 160. (Added by Stats. 2002, Ch. 615, Sec. 2. Effective January 1, 2003.)
  160. 41101.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 1. General Provisions [41101 - 41102] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The director has supervision and control over commissioners and their deputies or inspectors when they perform duties under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 1. General Provisions [41101 - 41102] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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. (Enacted by Stats. 1967, Ch. 15.)
  161. 41102.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 1. General Provisions [41101 - 41102] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Certificates under this chapter count as prima facie evidence of the grapes’ true average soluble solids test, except in criminal actions.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 1. General Provisions [41101 - 41102] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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 in the lot or load under consideration. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action. (Amended by Stats. 1967, Ch. 262.)
  162. 41131.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 2. Exceptions [41131 - 41132] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    This chapter generally does not apply to grapes marketed by or through a nonprofit cooperative marketing association, unless the association’s board elects to use the chapter’s soluble solid determination process and notifies the county agricultural commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 2. Exceptions [41131 - 41132] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 association elects to have the soluble solid determination of the grapes of its members determined as provided in this chapter and notifies the agricultural commissioner of each county in which the association operates any winery of such election. (Enacted by Stats. 1967, Ch. 15.)
  163. 41132.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 2. Exceptions [41131 - 41132] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    This chapter does not change a purchaser’s right to set a minimum soluble-solids percentage as the maturity definition for grapes, if the price is set on some basis other than soluble-solids content.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 2. Exceptions [41131 - 41132] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 as a definition of maturity of the grapes if the price which is to be paid is to be determined other than on the basis of the soluble solid contents of the grapes. (Amended by Stats. 1975, Ch. 1073.)
  164. 41161.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    For certain fresh grape transactions, the commissioner, deputies, or inspectors must determine the average soluble solids in the grape juice.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 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 out of the juice, in which the average percentage of soluble solids in the juice of such grapes is the basis for the amount of the purchase price, the determination of such average percentage of soluble solids shall be made by the commissioner or his deputies or his inspectors. (Amended by Stats. 1975, Ch. 1073.)
  165. 41162.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Delivered lots or loads of these grapes must be tested at or right after delivery, and an officer must certify the average soluble-solids test of the juice under regulations set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 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 solids test of the juice of such grapes shall be certified to by such officer, in accordance with regulations which are prescribed by the director. (Enacted by Stats. 1967, Ch. 15.)
  166. 41163.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Each commissioner must provide for taking samples, making tests, and issuing the certificates required in this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 41163. Each commissioner shall provide for the taking of samples, making tests, and issuing the certificates which are required in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  167. 41164.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    County supervisors must set the fee scale and collection method for certificates, and the certification fee is paid by the grape recipient.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 3. Determination of Soluble Solids Generally [41161 - 41164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 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 provided for in this chapter. The scale of fees which are established for the certificates shall be based upon the approximate cost of the inspection, sampling, and testing which is necessary to the certification of the percentage of the soluble solids in each lot or load of grapes. The certification fee shall be paid by the person that accepts delivery of the grapes. One-half of the fees may be deducted from funds owed to the person who delivered the grapes. (Amended by Stats. 1983, Ch. 769, Sec. 1.)
  168. 41191.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. )

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    The director may determine the average percentage of soluble solids in fresh grape juice and issue certificates, if the stated conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. ) ## 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 the average percentage of soluble solids in the juice of fresh grapes and certify, by the issuance of a certificate, to marketing order advisory boards, handlers, associations, or financially interested persons the determinations and findings which are so made if both of the following conditions are satisfied: (a) A marketing order is made effective or the director is requested to determine the average percentage of soluble solids as required by this chapter by any person that is engaged in the business of purchasing fresh grapes for wine and byproducts or processing purposes which require the extraction or pressing out of the juice of the grapes. (b) The director and the commissioner determine that such determinations can be more effectively made by the director. (Amended by Stats. 1975, Ch. 1073.)
  169. 41192.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. )

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    The director must determine the percentage of rot or foreign material when that percentage affects the purchase price in a transaction involving fresh grapes for wine and byproducts purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. ) ## 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 foreign material has any effect on the amount of the purchase price, the determination of such percentage shall be made by the director. (Added by Stats. 1975, Ch. 1073.)
  170. 41193.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. )

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    For fresh grapes used for wine and byproducts, the purchaser must notify the seller in writing before delivery about conditions affecting the price.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. ) ## 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 relating to soluble solids, rot, and foreign materials affecting the purchase price to be paid for such grapes. (Added by Stats. 1975, Ch. 1073.)
  171. 41194.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. )

    Verify source ↗

    The director may make regulations and set reasonable fees for this article. The fees must be based on approximate service cost and paid by the person who accepts delivery of the grapes.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. ) ## 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 and for the acceptance of advance fees to effectuate the determination. Any fees which are so established shall be based upon the approximate cost of the service which is rendered. Fees shall be paid by the person that accepts delivery of the grapes. One-half of the fees may be deducted from money owed to the person who shipped the grapes. (Amended by Stats. 1983, Ch. 769, Sec. 1.5.)
  172. 41195.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. )

    Verify source ↗

    Money received under this article must be paid into the Department of Food and Agriculture Fund and used to carry out this article.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 4. Determination of Soluble Solids, Rot, and Foreign Material by the Director [41191 - 41195] ( Heading of Article 4 amended by Stats. 1975, Ch. 1073. ) ## 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 out this article. (Amended by Stats. 1983, Ch. 101, Sec. 54.)
  173. 412.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says dairy methane management practices can reduce greenhouse gas emissions and defines several related terms.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [401 - 412] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 412. (a) The Legislature finds and declares that a diversity of dairy methane management practices, including anaerobic digesters and nondigester dairy methane management strategies, can effectively reduce greenhouse gas emissions. Nondigester dairy methane management strategies include, but are not limited to, scrape conversion, open solar drying and composting of manure onsite, conversion of dairy operations to pasture-based management, and solid separation technologies. (b) For purposes of this section, the following terms have the following meanings: (1) “Conversion of dairy operations to pasture-based management” means dairying systems where the dairy cows spend a portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically, which avoids methane emissions. (2) “Open solar drying and composting of manure onsite” means the collection, storage, and drying of dairy manure in a nonliquid environment. (3) “Scrape conversion” means the conversion of flush water lagoon systems to solid-scrape or dry manure management practices, including vacuum technologies for manure management. (4) “Solid separation technologies” means technologies designed to separate liquid components of manure from minerals and organic components, for the purposes of reducing methane emissions. (Added by Stats. 2016, Ch. 368, Sec. 2. (SB 859) Effective September 14, 2016.)
  174. 41201.5.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The director must appoint the Wine Grape Inspection Advisory Committee’s members in the stated way, and committee members receive no compensation.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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. The director shall appoint one additional member to the committee, who may be a public member. The members of the committee shall receive no compensation. In making appointments to the committee, the director shall appoint only one person to represent any one winery or growers’ firm, and shall make every effort to ensure that there is geographical representation from the major wine grape production areas in the state. This section shall become operative on January 1, 1996. (Amended by Stats. 1993, Ch. 172, Sec. 2. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)
  175. 41202.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The section says committee appointees who are wine producers or wine grape growers should represent and further the interests of the grape industry.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 this article shall represent and further the interests of the grape industry. The Legislature also declares that this representation and furtherance of the grape industry serves the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed as members of the committee, the grape industry is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
  176. 41203.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    Each committee member serves a three-year term.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 41203. The term of office of each member of the committee is three years. (Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
  177. 41204.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    Committee members, alternate members in certain roles, and subcommittee members may be reimbursed for necessary expenses if they request reimbursement.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties. (Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
  178. 41205.5.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The committee has a quorum only if its members or voting alternates include at least five producers and five processors, and committee action needs at least five affirmative votes from each group.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 the committee shall require not less than five affirmative votes of the processor members and five affirmative votes of the producer members. This section shall become operative on January 1, 1996. (Amended by Stats. 1993, Ch. 172, Sec. 4. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)
  179. 41206.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The committee must choose a chairperson and vice chairperson from among its members, rotate those offices annually between producer and processor members, and may adopt meeting/function rules and recommend subcommittees.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 such regulations as it deems necessary for the conduct of its meetings and functions to carry out the objectives of this article. The office of the chairperson and vice chairperson shall alternate annually between the producer and processor members. In any year that a processor member is the chairperson, a producer member shall be the vice chairperson, and in any year that a producer member is the chairperson, a processor member shall be vice chairperson. The committee may recommend such subcommittees as it deems necessary to assist the committee and the director. (Repealed and added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
  180. 41207.10.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The director may require an entity to stop or fix activities or functions that the director finds are not in the public interest or violate the chapter, and must notify the entity in writing.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 public interest or in violation of this chapter, and shall notify the entity in writing of these specific acts. (Added by Stats. 1992, Ch. 319, Sec. 11. Effective January 1, 1993.)
  181. 41207.11.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The director must reimburse the entity for actual and necessary expenses after receiving an approved invoice.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 41207.11. The director shall reimburse the entity for its actual and necessary expenses upon receipt of an approved invoice. (Added by Stats. 1992, Ch. 319, Sec. 12. Effective January 1, 1993.)
  182. 41207.5.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The committee must advise the director, recommend inspection and certification matters, and submit budget and assessment fee recommendations by May 1 each year.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 processing pursuant to Section 40531 and shall make recommendations concerning the inspection and certification services rendered, including the annual budget and fees necessary to provide adequate inspection services. All recommendations for budgets and assessment fees shall be submitted to the director on or before May 1 of each year. (b) The committee’s primary goal shall be to recommend to the director objective criteria and inspection procedures for all quality conditions that have an effect on the acceptance of, or on the amount of the purchase price of, fresh grapes for wine and byproduct purposes. (c) This section shall become operative on January 1, 1996. (Amended by Stats. 1993, Ch. 172, Sec. 6. Effective January 1, 1994. Section initially operative January 1, 1996, by provisions from this amendment.)
  183. 41207.6.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The committee may ask the director by January 15 each year to use an outside entity for inspection staffing and supplies, and the director remains responsible for enforcement and inspection integrity.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 15 of any year, request the director to utilize an appropriate entity, rather than personnel of the department, to supply the field staff and supplies necessary to provide inspection services. (b) Notwithstanding subdivision (a), the director shall be responsible for the enforcement of this chapter, the establishment of enforcement procedures, and the uniformity, accuracy, and integrity of inspection. (c) This section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1992, Ch. 319, Sec. 7. Effective January 1, 1993.)
  184. 41207.7.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The director may provide rules and procedures for the entity to use in administering this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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, and compensation of inspectors. (b) Use of existing, and acquisition of, additional equipment and supplies. (Added by Stats. 1992, Ch. 319, Sec. 8. Effective January 1, 1993.)
  185. 41207.8.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The committee may not recommend, and the director may not use, an entity if most of its officers and employees are regulated by this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 chapter. (Added by Stats. 1992, Ch. 319, Sec. 9. Effective January 1, 1993.)
  186. 41207.9.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The entity must keep accurate expense records and make them available for audit when the director requests, during regular business hours.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 upon request of the director. (Added by Stats. 1992, Ch. 319, Sec. 10. Effective January 1, 1993.)
  187. 41208.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The committee must meet when called by the chairperson or requested by three members through the director, and it must meet at least once a year.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 committee shall meet at least once a year. The meetings of the committee shall be held at locations in California which will tend to ensure industry participation and productive meetings. (Added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
  188. 41209.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    The director must appoint an alternate member for each committee member.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 for each wine producer member and a wine grape grower as the alternate for each wine grape grower member, and shall consider persons suggested by the member for whom the alternate is designated to serve. (Added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
  189. 41210.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

    Verify source ↗

    Alternate members may serve at committee meetings only when the member they replace is absent.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 41210. Alternate members shall serve at committee meetings only in the absence of the member for whom they are designated as the alternate. (Added by Stats. 1990, Ch. 92, Sec. 2. Effective May 11, 1990.)
  190. 41211.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. )

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    The director must study whether a public or private program for new grape-based products is feasible, with help from the University of California and California State University. The committee must form a five-member grower subcommittee to advise on the study, and the director must report findings to listed government bodies by January 1, 1992.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Grapes for Wine and Byproducts [41101 - 41211] ( Heading of Chapter 3 amended by Stats. 1975, Ch. 1073. ) ## ARTICLE 5. Wine Grape Inspection Advisory Committee [41201.5 - 41211] ( Article 5 repealed and added by Stats. 1990, Ch. 92, Sec. 2. ) ## 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 public or private program, or a combination thereof, for the development of new grape-based products and their uses and for promoting and marketing these new products. (b) The Wine Grape Inspection Advisory Committee, created pursuant to Section 41201, shall form a subcommittee, consisting of five grower members of the committee who shall each represent geographically different grape growing regions of the state, to advise the director with respect to the study described in subdivision (a). (c) The director shall report his or her findings to the Governor, the Assembly Committee on Agriculture, and the Senate Committee on Agriculture and Water Resources, not later than January 1, 1992. (Added by Stats. 1990, Ch. 1007, Sec. 1.)
  191. 41301.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [41301 - 41303] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This chapter sets standards for the quality, condition, and container fill of certain canned fruits and vegetables, and requires marking of those products.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [41301 - 41303] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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 in tin or glass containers. (Enacted by Stats. 1967, Ch. 15.)
  192. 41302.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [41301 - 41303] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section says Part 5 unlawful acts do not become lawful just because of this part, and it does not reduce the State Department of Health Services’ powers.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [41301 - 41303] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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 lawful by reason of this part. This part does not limit the powers of the State Department of Health Services. (Amended by Stats. 1996, Ch. 1023, Sec. 62. Effective September 29, 1996.)
  193. 41303.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [41301 - 41303] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A person or common carrier may refuse shipment or transportation of canned fruit, including olives, if inspection shows it violates this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [41301 - 41303] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 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, including olives, which upon inspection are found to be, or to be packed, in violation of this chapter. Any such person or common carrier may reserve the right in any receipt, bill of lading, or other writing which is given to the consignor, to reject for shipment or transportation and to return to such consignor, or to hold at the expense and risk of the consignor, all canned fruit, including olives, which upon inspection are found to be, or to be packed, in violation of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  194. 4131.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. 1-A District Agricultural Association [4131- 4131.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The City and County of San Francisco may give money to the 1-A District Agricultural Association for its general purposes, in amounts the city and county decides.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 3. DISTRICT AGRICULTURAL ASSOCIATIONS [3801 - 4363] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Provisions Regarding Particular Associations [4101 - 4202] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. 1-A District Agricultural Association [4131- 4131.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 the association such sums of money as the city and county may determine. (Enacted by Stats. 1967, Ch. 15.)
  195. 41331.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Enforcement [41331 - 41332] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The State Director of Health Services is responsible for enforcing this chapter and has the powers previously given to the Director of Agriculture for that purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Enforcement [41331 - 41332] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 heretofore conferred upon the Director of Agriculture. (Amended by Stats. 1977, Ch. 1252.)
  196. 41332.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Enforcement [41331 - 41332] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The State Director of Health Services may inspect canned-food facilities, seize canned products violating this chapter, and seek condemnation in superior court.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Enforcement [41331 - 41332] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 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 within the state where canned fruits or vegetables, including olives, are canned, stored, shipped, delivered for shipment, or sold, and inspect all fruits or vegetables, including olives, and containers that are found in that place. (b) Seize and retain possession of any canned olives or canned fruits or vegetables that are packed, shipped, delivered for shipment, or sold in violation of this chapter, and hold them pending the order of the court. (c) Cause to be instituted and to be prosecuted in the superior court of any county of the state in which may be found canned olives or canned fruits or vegetables that are packed, shipped, delivered for shipment, or sold, in violation of this chapter, an action for the condemnation of canned olives or canned fruits or vegetables as provided by Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 63. Effective September 29, 1996.)
  197. 41361.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Standards Generally [41361 - 41362] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Certain fruits and vegetables must not be canned, packed, shipped, or sold in the state if they are unwholesome or, for olives, blackened or flavor-impaired by processing or coloring.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Standards Generally [41361 - 41362] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 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, overripe, infested with brown rot, scab, shothole fungus, or other defects to the extent of rendering the product unwholesome. (b) Olives which are unclean, immature, mouldy, overripe, infested with fungus, rot, or other defects to the extent of rendering the product unwholesome. (c) Olives which are processed or artificially colored to the extent that the meat has been turned black, or the flavor has been impaired. (Enacted by Stats. 1967, Ch. 15.)
  198. 41362.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Standards Generally [41361 - 41362] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    For canned fruits and vegetables, the quality, condition, fill, and marking rules are whatever standards the U.S. Department of Agriculture Secretary has promulgated or will promulgate, in addition to Section 41361.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Standards Generally [41361 - 41362] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 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 marking of canned fruits and vegetables are those which are promulgated or to be promulgated by the Secretary of the United States Department of Agriculture. (Amended by Stats. 1982, Ch. 639, Sec. 1.)
  199. 41421.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Size Standards Generally for Canned Ripe Olives [41421- 41421.] ( Article 4 repealed and added by Stats. 1982, Ch. 639, Sec. 3. )

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    Tolerances for canned ripe olives must be set to match USDA grade standards.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Size Standards Generally for Canned Ripe Olives [41421- 41421.] ( Article 4 repealed and added by Stats. 1982, Ch. 639, Sec. 3. ) ## 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 United States Department of Agriculture in its United States Standards for Grades of Canned Ripe Olives. (Repealed and added by Stats. 1982, Ch. 639, Sec. 3.)
  200. 41441.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Disposition of Ripe Olives Which Are Below Specified Sizes [41441- 41441.] ( Article 5 repealed and added by Stats. 1982, Ch. 639, Sec. 5. )

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    Certain ripe olives below specified size thresholds may not be packed, shipped, delivered for shipment, or sold in California as canned ripe olives.

    ## Food and Agricultural Code - FAC ## DIVISION 16. CERTIFICATION, PROCESSING AND CANNING, AND CANNED FOODS [40501 - 41867] ( Division 16 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Canned Foods [41301 - 41582] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Disposition of Ripe Olives Which Are Below Specified Sizes [41441- 41441.] ( Article 5 repealed and added by Stats. 1982, Ch. 639, Sec. 5. ) ## 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 pitted canned ripe olives, if they are below the following specified sizes: (a) Mission and Manzanillo varieties of small size, and any mutations, sports, or other derivations of these varieties. (b) Obliza variety of medium size, and any mutations, sports, or other derivations of this variety. (c) Ascolano, St. Agostino, and Barouni varieties of extra large size, and any mutations, sports, or other derivations of these varieties. (d) Sevillano variety having a count range of 75 per pound. (Repealed and added by Stats. 1982, Ch. 639, Sec. 5.)

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