Food and Agricultural Code, 1967

## 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 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4155. The 22nd District Agricultural Association may expend up to seven hundred fifty thousand dollars ($750,000) annually for the operation of a fair pursuant to Section 4001 for the purposes enumerated therein from funds received by the district from a lease of district property for horse racing purposes. Any funds thereby received by the district in excess of this seven hundred fifty thousand dollars ($750,000) may be expended in furtherance of the master plan developed pursuant to Section 4156. Any of these funds that are not expended in this manner, or accumulated to be expended in furtherance of the master plan, including the amortization of revenue bonds, shall be transferred by the district to the General Fund upon executive order of the Director of Food and Agriculture. (Amended by Stats. 1999, Ch. 370, Sec. 2. Effective January 1, 2000.)

## 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 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. ) ## 41551. Except as otherwise provided in Section 41552, any person, firm, company, or corporation that violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000), or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 120. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

## 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 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. ) ## 41552. A person shall not be convicted of a violation of any provision of this chapter if such person establishes a guaranty, which is signed by the person that resides or is lawfully engaged in business in the state, by or for whom the canned fruit, including olives, in question were originally packed, to the effect that the product in question complies in all respects with the provisions of this chapter. Such guaranty, to afford protection, shall contain the name and address of the party that made such guaranty. Such guarantor shall be amenable to all of the prosecutions, fines, and penalties which are provided for by this chapter. (Enacted by Stats. 1967, Ch. 15.)

## 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 6. Violations [41551 - 41553] ( Heading of Article 6 renumbered from Article 10 by Stats. 1982, Ch. 639, Sec. 10. ) ## 41553. One-half of all fines which are collected by any court or judge, for the violations of the provisions of this chapter shall be paid to the State Treasurer for credit to the General Fund. (Enacted by Stats. 1967, Ch. 15.)

## 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 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4156. The State Race Track Leasing Commission shall prepare a master plan for the long-range comprehensive development and improvement of, and construction upon, the property of the 22nd District Agricultural Association. Such plan shall prescribe the amounts which may be expended for the various features of the plan, the period authorized for the completion of each such feature, and the terms of any revenue bond financing undertaken with respect to such plan. Such plan is subject to amendment by the commission. (Added by Stats. 1967, Ch. 1579.)

## 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 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4157. The Director of Finance may enter into an agreement prior to September 1, 1976, with the State Race Track Leasing Commission and the 22nd District Agricultural Association to commit the state to advance to the Architecture Revolving Fund a sum of not to exceed six hundred thousand dollars ($600,000), if needed, for the construction of improvements at Del Mar Race Track as described in work order AFD 410 of the Office of Architecture and Construction. Any such commitment shall be deemed, with respect to the project for which it is made, to constitute a deposit of funds available for expenditure by the Department of General Services for the purposes of Section 14957 of the Government Code. The Director of Finance, to the extent necessary to honor such commitment, shall authorize by executive order the withdrawal of an amount or amounts from the General Fund in the State Treasury not to exceed six hundred thousand dollars ($600,000) for transfer to the Architecture Revolving Fund. Any amount so transferred shall be used solely for the project for which the commitment was made and shall not exceed the amount necessary for the project, after deducting from the commitment the amount of all funds in the Del Mar Capital Improvement Account. Any sums so transferred shall be repaid to the General Fund, with simple interest at the average rate earned by the Pooled Money Investment Account for the month in which the transfer is made, from the first moneys placed in the Del Mar Capital Improvement Account (created by lease agreement of January 8, 1969, between the State Race Track Leasing Commission and the Del Mar Thoroughbred Club) not needed for the project for which the commitment was given; provided, that, in any case, such repayment in full with interest as specified shall be made from funds in such improvement account prior to October 1, 1978. (Amended by Stats. 1976, Ch. 45.)

## 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 3. 22nd District Agricultural Association [4155 - 4158] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 4158. (a) Notwithstanding any other law, an officer, employee, operator, lessee, or licensee of the 22nd District Agricultural Association, as defined in Section 3873, shall not contract for, authorize, or allow the sale of any firearm, ammunition, or firearm precursor part on the property or in the buildings that comprise the Del Mar Fairgrounds in the County of San Diego, the City of Del Mar, the City of San Diego, or any successor or additional property owned, leased, or otherwise occupied or operated by the district. (b) For purposes of this section, the following terms have the following meanings: (1) “Ammunition” means the term as defined in subdivisions (a) and (b) of Section 16150 of the Penal Code. (2) “Firearm” means the term as defined in subdivisions (a) and (b) of Section 16520 of the Penal Code. (3) “Firearm precursor part” means the term as defined in Section 16531 of the Penal Code. (c) This section does not apply to a gun buyback event held by a law enforcement agency. (Amended by Stats. 2022, Ch. 139, Sec. 1. (AB 311) Effective January 1, 2023.)

## 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 7. Abatement [41581 - 41582] ( Heading of Article 7 renumbered from Article 11 by Stats. 1982, Ch. 639, Sec. 11. ) ## 41581. If the State Director of Health Services finds, after investigation and examination, that any canned fruits or vegetables, including olives, that are found in the possession of any person, firm, company, or corporation are misbranded or mislabeled within the meaning of this chapter, he or she may seize the canned fruits or vegetables, including olives, and tag them “embargoed.” The canned fruits or vegetables, including olives, shall not thereafter be sold, removed, or otherwise disposed of pending a hearing and final disposition 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. 64. Effective September 29, 1996.)

## 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 7. Abatement [41581 - 41582] ( Heading of Article 7 renumbered from Article 11 by Stats. 1982, Ch. 639, Sec. 11. ) ## 41582. Canned fruits or vegetables, including olives, which are found to be mislabeled or misbranded within the meaning of this chapter may, by order of any court or judge, be seized and destroyed. (Enacted by Stats. 1967, Ch. 15.)

## 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 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. ) ## 4161. (a) The 25th District Agricultural Association may enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code with the City of Napa for the purpose of establishing and operating a Napa Center for Wine, Food, and the Arts facility. In addition to those powers specifically authorized to be exercised by Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, the joint powers agency may accept the donation of, acquire, own, or lease, real property, and may plan, finance by the sale of revenue bonds, construct, equip, and furnish the facility, and parking facilities, and any betterments, improvements, and facilities related thereto, including a bridge to provide access to the facility across the Napa River. The joint powers agency may make and enter into contracts and employ agents and employees. The joint powers agency may manage, maintain, and operate the facility, or may enter into management contracts for the operation of the facility. (b) The state is not liable for any debt incurred by the joint powers agency in the event of any default on revenue bonds issued by the agency. This disclaimer shall be deemed a provision of the joint powers agreement. (Added by Stats. 1994, Ch. 1080, Sec. 1. Effective September 29, 1994.)

## 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 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. ) ## 4162. The 25th District Agricultural Association may accept the donation of any real property suitable for the location of the Napa Center of Wine, Food, and the Arts facility, and may lease the property to the joint powers agency. (Added by Stats. 1994, Ch. 1080, Sec. 1. Effective September 29, 1994.)

## 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 3.5. 25th District Agricultural Association [4161 - 4163] ( Article 3.5 added by Stats. 1994, Ch. 1080, Sec. 1. ) ## 4163. (a) With the consent of the secretary, a nonprofit organization may hold an annual fair in lieu of the annual fair held by the 25th District Agricultural Association. (b) Notwithstanding any other provision of law, the department may enter into contracts with the nonprofit organization referred to in subdivision (a) for the receipt of public funds. (c) Notwithstanding any other provision of law, the Director of General Services, with the consent of, and on terms approved by the secretary, may lease certain premises commonly known as the Napa Valley Expo, containing approximately 37 acres situated in the County and City of Napa, to the nonprofit organization referred to in subdivision (a) for a period not to exceed 99 years, to hold an annual fair pursuant to subdivision (a). While the lease is in effect, the nonprofit organization shall be deemed to be an instrumentality of the state for the limited purpose of carrying out the authority granted the 25th District Agricultural Association by Sections 4161 and 4162. While the lease is in effect, the 25th District Agricultural Association shall be inactive, and shall not have any powers or duties. (d) The lease executed pursuant to this section may be for less than the market value of the property, and shall include a provision that the lease may be canceled if the lessee or its successors or assignees does any of the following: (1) Fails to hold an annual fair. (2) Fails to make a seat on its board of directors available to the Mayor of Napa and the Chairperson of the Napa County Board of Supervisors for the duration of the lease. (3) Fails, in any calendar year, to hold at least two meetings of its board of directors, open to the public, in the City of Napa. (e) Prior to the commencement of the term of the lease, the lessee and the Department of Food and Agriculture shall ensure that every employee in the civil service of the 25th District Agricultural Association is provided with the option of continuing his or her employment with the state, or of accepting a position as an employee of the lessee. (1) With respect to an employee who chooses to continue his or her employment with the state, the employee shall continue to be subject to all of the provisions governing civil service employees, and additionally, all of the following shall apply: (A) The lessee shall contract with the department for the services of the employee, consistent with his or her civil service classification and status. (B) The employee has the right to continue to provide services to the lessee pursuant to that contract during the time the employee continues in the civil service classification he or she held at the time of the employee’s election. (2) With respect to an employee who chooses to leave his or her employment with the state and become an employee of the lessee, those employees are not employees of the state, and are not subject to the requirements of Chapter 10.3 (commencing with Section 3512) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code. (3) If a position filled by a civil service employee pursuant to contract with the department becomes vacant, the lessee may fill the position with a non-civil-service employee. (f) The State of California is not liable for any debts, liabilities, settlements, liens, or any other obligations incurred by or imposed upon the nonprofit organization referred to in subdivision (a). The lease executed pursuant to this section shall expressly provide that the General Fund and the Fair and Exposition Fund shall be held harmless from all debts, liabilities, settlements, judgments, or liens incurred by the nonprofit organization, and that neither the state nor any agency or division thereof shall be liable for any contract, tort, action or inaction, error in judgment, mistakes, or other acts taken by the nonprofit organization, or any of its employees, agents, servants, invitees, guests, or anyone acting in concert with, or on the behalf of, the nonprofit organization. (Added by Stats. 1998, Ch. 259, Sec. 2. Effective August 4, 1998.)

## 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 3.7. 48th District Agricultural Association [4165- 4165.] ( Article 3.7 added by Stats. 2024, Ch. 559, Sec. 65. ) ## 4165. Notwithstanding any other law, the directors of the 48th District Agricultural Association may not serve concurrently on another fair board. (Added by Stats. 2024, Ch. 559, Sec. 65. (AB 2143) Effective January 1, 2025.)

## 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 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. ) ## 41701. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1978, Ch. 887.)

## 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 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. ) ## 41702. “Dehydrating garlic or onions” means garlic or onions which are suitable for dehydration purposes. (Added by Stats. 1978, Ch. 887.)

## 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 5. Standards for Garlic and Onions forDehydration [41701 - 41867] ( Chapter 5 added by Stats. 1978, Ch. 887. ) ## ARTICLE 1. Definitions [41701 - 41703] ( Article 1 added by Stats. 1978, Ch. 887. ) ## 41703. “Dehydration purposes” means the commercial dehydration of garlic and onions. (Added by Stats. 1978, Ch. 887.)

## 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 3.8. 50th District Agricultural Association [4171- 4171.] ( Article 3.8 added by Stats. 2010, Ch. 320, Sec. 2. ) ## 4171. (a) Notwithstanding any other provision of law, the 50th District Agricultural Association, with the consent of the secretary, may enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purpose of creating a joint powers agency to operate, maintain, and improve the facilities and functions of the 50th District Agricultural Association. This joint powers agency’s duties shall include planning, designing, and constructing real property improvements, including new construction, alteration, extension, betterment, and repair, and purchasing fixed and movable equipment related to the facilities and functions of the 50th District Agricultural Association. (b) The joint powers agency may accept the donation of, acquire, own, sell, or lease real property, and may pledge its property or revenue for the sale of bonds to construct, equip, and furnish the facilities, parking facilities, and any betterments, improvements, and facilities related thereto. (c) The joint powers agency may make and enter into contracts and employ agents and employees. The joint powers agency may manage, maintain, and operate the facilities, or may enter into management contracts for the operation of the facilities. The planning, designing, and constructing of these improvements, and the agency’s other duties, as specified in this section, shall be undertaken in accordance only with those restrictions applicable to the joint powers agency. (d) Prior to the commencement of the joint powers agreement, the parties to the agreement and the department shall ensure that every employee in the civil service of the 50th District Agricultural Association is provided with the option of continuing his or her employment with the state, or of accepting a position as an employee of the joint powers agency. (1) With respect to an employee who chooses to continue his or her employment with the state, the employee shall continue to be subject to all of the provisions governing civil service employees, and, additionally, all of the following shall apply: (A) The joint powers agency shall contract with the department or the 50th District Agricultural Association for the services of the employee, consistent with his or her civil service classification and status. (B) The employee has the right to continue to provide services to the joint powers agency pursuant to that contract during the time the employee continues in the civil service classification he or she held at the time of the employee’s election. (2) With respect to an employee who chooses to leave his or her employment with the state and become an employee of the joint powers agency, those employees are not employees of the state, and are not subject to the requirements of Chapter 10.3 (commencing with Section 3512) and Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1 of the Government Code. (3) If a position filled by a civil service employee pursuant to contract with the department becomes vacant, the joint powers agency may fill the position with a non-civil-service employee. (e) If the joint powers agency contracts with another entity for the operation or management of the facilities, the requirements of subdivision (d) shall apply to the new entity prior to commencement of any agreement. (f) The State of California is not liable for any debts, liabilities, settlements, liens, or any other obligations incurred by or imposed upon the joint powers agency. The joint powers agreement executed pursuant to this section shall expressly provide that the General Fund and the Fair and Exposition Fund shall be held harmless from all debts, liabilities, settlements, judgments, or liens incurred by the joint powers agency, and that neither the state nor any agency or division thereof shall be liable for any contract, tort, action or inaction, error in judgment, mistake, or other act taken by the joint powers agency, or any of its employees, agents, servants, invitees, guests, or anyone acting in concert with, or on the behalf of, the joint powers agency. (Amended by Stats. 2011, Ch. 97, Sec. 3. (AB 222) Effective January 1, 2012.)