Food and Agricultural Code — Part 19 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 19 of 48 · provisions 3,601–3,800

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. 4440.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A fair cannot receive apportionment for more than one fair in the same county or district in a year. It may operate in seasonal divisions if the department approves.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4440. No apportionment shall be made for more than one fair in any one year in any county or district. The fair may be operated in one or more seasonal divisions with the approval of the department. The department may approve such method of operation if it finds that savings will accrue from not providing additional facilities or that an increase in revenue will result or both. (Amended by Stats. 1972, Ch. 587.)
  2. 4441.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    County or district agricultural associations may contract with each other or with a county fair association to hold an agricultural fair, but they cannot receive an apportionment for a joint or combined fair they hold together.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4441. A county or district agricultural association may contract with each other or with a county fair association to hold an agricultural fair without loss of any apportionment to which it otherwise is entitled separately. However, no county or district agricultural association may receive an apportionment for a joint or combined fair which is held by them. (Enacted by Stats. 1967, Ch. 15.)
  3. 4442.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    A fair that receives a separate state appropriation cannot take part in the distribution of money appropriated to support county and district agricultural association fairs.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4442. No fair for which a separate appropriation is made by the state shall participate in the apportionment of any money appropriated for the encouragement of county and district agricultural association fairs. (Enacted by Stats. 1967, Ch. 15.)
  4. 4443.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    If a district agricultural association fair is held in a county, that county cannot receive an apportionment as a county fair, unless it is a county fair that received apportionments before September 9, 1953.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4443. If a district agricultural association fair is conducted in any county of the state, no county fair, except a county fair which received apportionments prior to September 9, 1953, shall be paid any apportionment. (Enacted by Stats. 1967, Ch. 15.)
  5. 4444.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

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    No apportionment may be made to fairs held in Sacramento County after January 1, 1948, except for specified fairs and a district agricultural association in Agricultural District 52.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Restrictions [4431 - 4444] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 4444. No apportionment shall be made to any fair held in Sacramento County after January 1, 1948, other than a fair conducted by the California State Fair and Exposition, the California State Exposition and Fair Executive Committee or by a district agricultural association in Agricultural District 52. (Enacted by Stats. 1967, Ch. 15.)
  6. 4461.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Payment [4461- 4461.] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

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    The department must pay certain appropriated fair-funding amounts monthly to eligible counties and district agricultural associations, using a need-based determination.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Payment [4461- 4461.] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 4461. Any funds that are appropriated for the encouragement of county, district agricultural association, or combined county and district agricultural association fairs which, pursuant to law, are apportioned by the department shall be paid monthly to the several eligible counties and district agricultural associations in such amounts as the department determines during the fiscal year in which the apportionment is made. The department shall make its determination of monthly amounts based on the relative need of the county or district agricultural association for the funds during the particular month. The monthly apportionment of funds on a need basis shall not result in an annual apportionment to a particular county or district agricultural association in excess of the amount otherwise payable. The aggregate of the monthly apportionments to each of the several counties and district agricultural associations shall not exceed the maximum apportionment for the year. “Need”, as used in this section, means the combination of the current cash position of the fair and the time of year at which the annual fair is held. (Amended by Stats. 1976, Ch. 1217.)
  7. 4481.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Deposit and Expenditure [4481 - 4483] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    County or district agricultural associations must deposit certain apportioned state money into an approved bank or savings and loan account, and may spend the deposited money only for listed fair-related purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Deposit and Expenditure [4481 - 4483] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 4481. The county or district agricultural association shall deposit in a bank account or a deposit in a savings and loan association that is approved by the Director of Finance in accordance with Sections 16506 and 16605 of the Government Code any state money which is apportioned to it for the encouragement of the fair which it conducts. The money which is so deposited may be expended for any of the following: (a) Premiums. (b) Capital outlay, including purchase of land, construction improvements, and equipment. (c) Acquisition, installation, maintenance, and operation of recreational and cultural facilities at fairgrounds of the county or district agricultural association. (d) Support of county or district agricultural association fairs. (Amended by Stats. 1976, Ch. 349.)
  8. 4482.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Deposit and Expenditure [4481 - 4483] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    Expenditures must follow a budget that is submitted to the Department of Food and Agriculture and approved by the Department of Finance.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Deposit and Expenditure [4481 - 4483] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 4482. Any expenditure shall be made pursuant to a budget which is submitted to the Department of Food and Agriculture and approved by the Department of Finance pursuant to Sections 13320 to 13324, inclusive, of the Government Code. (Amended by Stats. 1976, Ch. 1079.)
  9. 4483.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Deposit and Expenditure [4481 - 4483] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

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    County expenditures for construction and improvements must comply with Government Code Sections 25450 to 25463.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Deposit and Expenditure [4481 - 4483] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 4483. Any expenditure by a county for construction and improvements is subject to Sections 25450 to 25463, inclusive, of the Government Code. (Enacted by Stats. 1967, Ch. 15.)
  10. 44971.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    Avocados produced in California and being prepared for market must be certified as meeting the maturity and quality rules set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44971. (a) The handling and marketing of avocados is affected with the public interest. The provisions of this chapter are enacted for the protection of the avocado industry and for the purposes of protecting the health, peace, safety, and general welfare of the people of this state. (b) Avocados produced in this state which are being prepared for market shall be certified as complying with the maturity and quality provisions established by regulations of the director. (Amended by Stats. 1982, Ch. 141, Sec. 1.5. Effective March 31, 1982.)
  11. 44972.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    Avocado containers must bear an official stamp before being shipped to market or placed into trade, unless an exception in the chapter or the director’s regulations applies.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44972. If the director finds that avocados which are being prepared for market conform to the applicable standards, he shall so indicate by an official stamp placed on each flat, carton, or any other container by, or under the supervision of, the inspector, stating that the applicable standards have been complied with on the date of pack. Except as provided in this chapter or regulations of the director, it is unlawful for any person to ship to market or otherwise place into the channels of trade any container of avocados which does not bear the official stamp placed thereon pursuant to the provisions of this chapter and regulations promulgated pursuant to this chapter. (Amended by Stats. 1982, Ch. 141, Sec. 2. Effective March 31, 1982.)
  12. 44973.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    It is unlawful for anyone involved in growing, packing, handling, or retailing avocados to pack, handle, or sell avocado lots that do not meet the director’s maturity and quality standards.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44973. It is unlawful for any person, including a grower, packer, handler, or retailer to pack, handle, or sell any lot of avocados which are not in compliance with maturity and quality standards established through regulations of the director. (Repealed (by Sec. 4) and added by Stats. 1982, Ch. 141, Sec. 3. Effective March 31, 1982.)
  13. 44974.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    Violations of the avocado chapter rules can be met with injunctions, civil penalties, or criminal punishment, and people must comply with the chapter’s inspection and certification requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44974. (a) Any violation or threatened violation of any provision of this chapter or regulations of the director established pursuant to this chapter is unlawful and shall constitute grounds for injunctive relief and the imposition of civil penalties of not less than five hundred dollars ($500) and not exceeding five thousand dollars ($5,000) per violation. This action may be brought in a court of competent jurisdiction by the director or district attorney of a county in which a violation or threatened violation occurred. The California Avocado Commission and the Avocado Inspection Committee are also authorized to bring an action for injunctive relief on grounds provided for in this chapter. In bringing this action, the commission or committee is not required to allege facts necessary to show or which tend to show lack of an adequate remedy at law, or which show or tend to show irreparable damage or loss. Prior to commencing this action, the commission shall allow the director the opportunity to bring an action for injunctive relief following the same procedure as provided for the committee in Section 45015. Notwithstanding the director’s decision on whether or not to bring an action for injunctive relief, nothing in this section or in Section 45015 shall be construed as preventing the commission from bringing an action for injunctive relief. (b) In addition to the requirements of subdivision (a), and except as provided in subdivision (c) and Sections 42945, 42948, 42949, and 44986, a violation of this chapter is an infraction punishable by a fine of not more than five hundred dollars ($500). (c) It is unlawful for any person to fail to comply with the inspection or certification requirements of this chapter. A violation is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars (5,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (d) Each violation or threatened violation involving a lot of avocados shall be treated as a separate violation. Any number of defendants in any number of counties may be joined in one action even though the violations or threatened violations are not the same, and jurisdiction for the action may be established in any county in which any of the violations or threatened violations occur. (Amended by Stats. 1989, Ch. 1068, Sec. 2. Effective September 30, 1989.)
  14. 44975.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    Avocado handlers must pay a monthly inspection and certification fee to the director, report certified pounds monthly, and pay by the 10th day of the following month.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44975. (a) Each handler of avocados shall pay to the director an inspection and certification fee each month. The fee shall be based on the number of pounds certified as determined by the director. However, in no event shall the fee be greater than twenty-five cents ($0.25) per hundredweight of pounds prepared for market. The number of pounds certified shall be reported monthly to the director, and these reports shall include all information required by the director. The fee required by this section shall be paid no later than the 10th day of the month following the month for which the fee is payable. Any handler who fails to pay the fee within the time required shall pay the director a penalty of 10 percent of the amount determined to be due, and, in addition, 11/2 percent interest per month on the unpaid balance. The director may adjust the fee from time to time and reduce it whenever he or she finds the cost of administering this article may be defrayed from revenue derived from lower fees. (b) Notwithstanding subdivision (a), whenever the fees derived from pounds certified do not cover the cost of inspection, the director may establish hourly and mileage rates for inspection and certification of avocados based upon the cost of providing that inspection and certification. However, alternatively, a handler may present his or her avocados for inspection and certification on a date, time, and location specified by the director and pay the fees charged pursuant to subdivision (a). (Amended by Stats. 1999, Ch. 609, Sec. 4. Effective January 1, 2000.)
  15. 44976.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    Money received under this chapter may be used only for administering and enforcing this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44976. The moneys which are received pursuant to this chapter shall be used only for the administration and enforcement of this chapter, including, but not limited to, payments to the county agricultural commissioners and to institutions of scientific research for improving the inspection and certification methods required by this chapter. (Amended by Stats. 1988, Ch. 803, Sec. 1.)
  16. 44977.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    The director may adopt regulations that are reasonably necessary to carry out this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44977. The director may adopt such regulations as he determines are reasonably necessary to carry out the provisions of this chapter. (Added by renumbering Section 44976 by Stats. 1982, Ch. 141, Sec. 8. Effective March 31, 1982.)
  17. 44978.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    The director may make an agreement with any county agricultural commissioner to help enforce this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44978. The director may enter into an agreement with any county agricultural commissioner for assistance in the enforcement of this chapter. (Added by renumbering Section 44977 by Stats. 1982, Ch. 141, Sec. 9. Effective March 31, 1982.)
  18. 44979.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    A person must not fail to comply with this chapter or with regulations the director adopts under it.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44979. It is unlawful for any person to fail to comply with the provisions of this chapter and the regulations of the director adopted pursuant thereto. (Added by Stats. 1982, Ch. 141, Sec. 10. Effective March 31, 1982.)
  19. 44980.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

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    People preparing California-grown avocados for market must tell the director the date and time of preparation before it happens, and must make the avocados and their containers available for inspection and certification when preparation occurs.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44980. Every person who prepares avocados grown in this state for market shall report to the director, prior to this preparation, the date and time these avocados will be prepared for market. Avocados and their containers shall be made available for inspection and certification at the time of preparation for market. (Added by Stats. 1982, Ch. 141, Sec. 11. Effective March 31, 1982.)
  20. 44980.5.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    The director may order more frequent inspection or surveillance of avocado handlers or packers, and may charge them the related costs. A person assessed those costs may appeal to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44980.5. The director may prescribe a higher frequency of inspection or surveillance of a person or firm handling or packing avocados for sale, if the director determines either that repeated violations of this chapter have occurred, or has probable cause to believe that a violation is about to occur or has occurred. The director may charge the person or firm the costs of performing the higher frequency of inspection or surveillance necessary to prevent violations of either this chapter or regulations of the director. Costs shall be based upon the approximate cost of the service which is rendered. This charge shall be in addition to the fee provided for in subdivision (a) of Section 44975 and shall be paid in accordance with subdivision (a) of Section 44975. Any person assessed a cost under this subdivision shall have the right of appeal to the director. (Added by Stats. 1982, Ch. 1301, Sec. 3. Effective September 23, 1982.)
  21. 44981.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    This section allows avocado maturity inspections before market preparation and defines “roadside inspection,” but it does not require pre-market inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44981. (a) Inspection to determine maturity of avocados may be performed prior to preparation for market, either at roadside by the orchard or enroute to or at the first point of packing. The results shall serve as a cause for placing all or any sizes of the avocados under a disposal order for testing after grading or packing when the oil content is less than required by this chapter. (b) Any lot of avocados suspected as being in noncompliance with the provisions of this chapter shall be placed under a disposal order for control to a specified location in this state for disposition. (c) Nothing in this section shall be construed as requiring inspection prior to preparation for market. (d) For purposes of this section “roadside inspection” means an inspection conducted for quality and maturity standards at or near the place of production, or on the transporting vehicle while the product is in transit, or at a place where avocados are being stored. (Added by Stats. 1982, Ch. 141, Sec. 12. Effective March 31, 1982.)
  22. 44982.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    Each avocado handler must keep up-to-date daily transaction records and retain them for two years.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44982. Each handler of avocados shall prepare and retain for two years up-to-date records of daily transactions. These records shall contain, but not be limited to, the amount of avocados received, shipped, packed, transported, dumped, and on hand at the end of each day. Amounts for each transaction shall be kept by variety in pounds, number of containers by container type, and size when the avocados have been segregated by size. (Amended by Stats. 1982, Ch. 1301, Sec. 4. Effective September 23, 1982.)
  23. 44983.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    It is unlawful for any person to falsify, or cause to be falsified, records or information that must be kept under Section 44982.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44983. It shall be unlawful for any person to falsify or cause to be falsified the record or information required to be kept pursuant to Section 44982. (Added by Stats. 1982, Ch. 141, Sec. 14. Effective March 31, 1982.)
  24. 44984.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    Certain avocado recordkeepers must let the director or the director’s authorized agent inspect required records, and those records are confidential except in administrative or judicial proceedings.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44984. Any handler, packer, shipper, transporter, or grower of avocados who is required to keep records pursuant to Section 44982, shall allow the director or his or her authorized agent to examine or inspect these records during normal business hours and any other time when avocados are being packed or otherwise handled in a manner subject to the provisions of this chapter. All records maintained pursuant to Section 44982 and made available to the director, shall be confidential and shall not be disclosed except when required in an administrative or judicial proceeding. (Added by Stats. 1982, Ch. 141, Sec. 15. Effective March 31, 1982.)
  25. 44985.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    The director may authorize issuing, using, or revoking a certification stamp under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44985. The director may authorize the issuance and use of, or revocation of, a certification stamp as provided for under this chapter. (Added by Stats. 1982, Ch. 141, Sec. 16. Effective March 31, 1982.)
  26. 44986.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    Using avocado certification stamps outside the authorized inspection and direction rules is unlawful.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44986. It is unlawful for any person to do any of the following: (a) Use a certification stamp for certifying containers or lots of avocados for other than containers previously inspected by the director’s authorized agent and designated to be stamped. (b) Use the stamp at any time or in any manner other than provided in this chapter or contrary to the directions of the director’s authorized agent authorizing the use of the stamp. (c) Refuse to surrender, each day after use, or upon demand of the director’s authorized agent, any certification stamp authorized to be used. (d) Counterfeit or alter or use any counterfeit or altered certification stamp. (e) A violation of this section is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Amended by Stats. 1989, Ch. 1068, Sec. 3. Effective September 30, 1989.)
  27. 44987.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    The director may issue avocado permits instead of the certification stamp, but only for intermittent or emergency preparation of avocados for market.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44987. In lieu of the certification stamp required under this chapter, the director may authorize issuance of a permit to any person or firm engaged in preparing avocados for market on an intermittent basis, or any other person on an emergency basis. The permit shall have an assigned number, and the containers of avocados for which the permit is issued shall be printed or labeled with the words “avocado permit” immediately followed by the number designation. Except on an emergency basis, a permit shall not be issued for more than ten containers and not more than four permits may be issued to any person, firm, or family of the same household during the calendar year. (Added by Stats. 1982, Ch. 141, Sec. 18. Effective March 31, 1982.)
  28. 44988.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. )

    Verify source ↗

    The director may issue regulations setting avocado maturity standards and may later modify them to maintain marketing quality standards.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Container Certification and Fees [44971 - 44988] ( Heading of Article 1 renumbered from Article 2 by Stats. 1982, Ch. 141, Sec. 1. ) ## 44988. (a) The director may promulgate regulations which establish maturity standards governing the time at which avocados may be harvested. The regulations shall include minimum maturity requirements for the various varieties of avocados produced. The standards may be established in the form of a variable maturity range, which shall include a system for determination of avocado maturity. This system shall prescribe criteria and a method by which the dates of harvest and required maturity level, as measured by a recognized method of measuring avocado maturity, may be established by the director during each harvest season. (b) The director may modify these requirements, from time to time, in order to insure that the quality standards for marketing avocados are maintained. These modifications shall not be 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. 1982, Ch. 1301, Sec. 5. Effective September 23, 1982.)
  29. 4501.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department must prescribe regulations on judging exhibits and on the maximum premiums that may be offered and paid for exhibits.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4501. The department shall prescribe regulations for both of the following: (a) The judging of exhibits. (b) The maximum amount of premiums which may be offered and paid for all classes, sections, and types of exhibits. (Enacted by Stats. 1967, Ch. 15.)
  30. 45011.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    The Avocado Inspection Committee is made up of six members, and the director appoints its members under the stated conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45011. There is in the department the Avocado Inspection Committee, which consists of six members. The director shall appoint three members and one alternate member who shall be producers of avocados and three members and one alternate member who shall be representatives of handlers engaged in the packing of avocados from a list of nominees provided by the California Avocado Commission. The director may appoint one additional member of the committee, who shall be a public member. The committee shall meet on the direction of the director or when requested by a majority of the committee. (Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
  31. 45012.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    The committee must submit a nominee for public member when the director asks, and the director may appoint that nominee.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45012. Upon the director’s request, the committee shall submit to the director the name of a natural person, who shall be a citizen and resident of 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 this nominee as the public member on the committee. If the nominee is unsatisfactory to the director, the committee shall continue to submit nominees until the director has made a selection. Any vacancy in the office of the public member of the committee shall be filled in the same manner as used in initially selecting the public member. 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. (Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
  32. 45013.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    Committee members serve two-year terms, with the first appointments staggered and each member limited to four consecutive terms.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45013. The committee member’s term of office shall be two years. Appointment of the first members shall be made so that the terms of office of three members shall expire at the end of one year and three at the end of two years. Thereafter, appointment shall be for full two-year terms. Each committee member shall be limited to four consecutive terms in office. Any vacancies which occur during an unexpired term shall be filled for the unexpired term following the same procedure used for initially nominating and appointing members. (Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
  33. 45014.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    The committee must advise the director, and possibly the California Avocado Commission if it acts under Section 67095, review proposed regulations, and make recommendations on inspection and certification services.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45014. The committee shall be advisory to the director, and to the California Avocado Commission if it decides to act pursuant to Section 67095, on all matters pertaining to this chapter, shall review all proposed regulations relating to this chapter, and shall make recommendations concerning the inspection and certification services under this chapter, including, but not limited to, the annual budget and fees necessary to provide adequate inspection and certification services; inspection procedures; training and supervision of inspectors; and enforcement actions, including the imposition of any fees and costs for inspection and surveillance provided for in subdivision (c) of Section 44975. (Amended by Stats. 1985, Ch. 953, Sec. 6. Effective September 26, 1985.)
  34. 45015.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    The director must accept advisory committee recommendations when they are practicable and in the interests of the avocado industry and the public, and must explain any rejection in writing within 15 working days. The committee may seek injunctive relief for certain enforcement matters, but must first review available information, recommend specific action to the director, and let the director respond.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45015. (a) In adopting regulations pursuant to this chapter, the director shall accept the recommendations of the advisory committee whenever he or she finds them to be practicable and in the interests of the avocado industry and the public. The director shall provide the committee with a written statement of reasons within 15 working days, whenever he or she does not accept the committee recommendation. (b) In the case of recommendations involving enforcement actions based on actual or alleged violations of this chapter, the committee by majority vote may bring an action for injunctive relief as provided for in Section 44974, retain private legal counsel for this purpose, and use fees provided for under this chapter to pay all reasonable fees and costs incurred in bringing the action. However, legal fees and costs incurred in each separate action which exceed twenty thousand dollars ($20,000) shall not be paid unless concurred in by the director. Prior to commencing this action, the committee must review all available information, recommend specific enforcement action to the director, and allow the director the opportunity to respond as provided for in this section. Notwithstanding the director’s response, nothing in this section shall be construed as preventing the committee from bringing an action for injunctive relief. (Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
  35. 45016.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    Committee members are entitled to reimbursement for all reasonable expenses they incur while performing their duties, subject to committee determination and director concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45016. Committee members shall be compensated for all reasonable expenses incurred in the performance of their duties, as determined by the committee and concurred in by the director. (Added by Stats. 1982, Ch. 141, Sec. 19. Effective March 31, 1982.)
  36. 45017.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    The committee may recommend that weather-damaged avocados not be harvested for a specified time, and the director may restrict harvesting based on that recommendation.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45017. (a) The committee may recommend to the director that avocados subject to weather-related damage not be harvested for a specified period of time and the director may restrict harvesting based on that recommendation. (b) The director shall adopt regulations which govern the committee’s recommendations made pursuant to this section. The regulations shall include, but not be limited to, all of the following: (1) The maximum period of time for which harvesting may not be done. (2) The geographical region for which the recommendation would be made. (3) The minimum level of damage required in order to make a recommendation. (4) The manner in which affected growers and handlers are to be notified of the decision of the director. (5) A definition of weather-related damage. (6) Procedures and criteria for issuing exemptions to growers from the decision of the director made pursuant to this section and for the handling of avocados from an exempt grower. (Added by Stats. 1984, Ch. 1013, Sec. 1.)
  37. 4502.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    These regulations are exempt from Section 11380 of the Government Code, and they may be filed with the Secretary of State under Section 11385.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4502. The regulations are exempt from provisions of Section 11380 of the Government Code. They may, however, be filed with the Secretary of State pursuant to Section 11385 of the Government Code. (Enacted by Stats. 1967, Ch. 15.)
  38. 45021.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. )

    Verify source ↗

    The California Avocado Commission may carry out listed chapter requirements instead of the director if authorized under Section 67095, while the director’s authority continues.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Avocado Inspection Committee [45011 - 45021] ( Article 2 added by Stats. 1982, Ch. 141, Sec. 19. ) ## 45021. (a) The requirements specified in this chapter, including, but not limited to, the setting, collection, and handling of inspection and certification fees and other costs of service, inspection frequency and procedures, hiring, training, and supervision of inspectors and other necessary personnel, use and revocation of an official stamp or permit, reports prior to preparing avocados for market, and recordkeeping with respect to avocados, may be conducted by the California Avocado Commission instead of the director, if authorized in the manner specified in Section 67095. (b) The enforcement and regulatory authority of the director which is specified in this chapter shall remain in full force and effect. However, the authority of the director shall be exercised in consultation and cooperation with the commission during any period in which the commission exercises its authority pursuant to Section 67095. (c) All expenditures incurred by the director in carrying out his or her duties under subdivision (b) shall be reimbursed from fees collected under this chapter. (Added by Stats. 1985, Ch. 953, Sec. 7. Effective September 26, 1985.)
  39. 4503.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    A fair cannot receive apportionment of funds under this part unless it complies with the department’s regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4503. No fair shall receive any apportionment of funds pursuant to this part unless it complies with the regulations of the department. (Enacted by Stats. 1967, Ch. 15.)
  40. 45031.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    A person in possession of more than 25 pounds of avocados produced in California must have a record proving ownership.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45031. Every person who is in possession of over 25 pounds of avocados that are produced in this state shall possess a record of proof of ownership of the avocados. (Amended by Stats. 2009, Ch. 487, Sec. 3. (AB 905) Effective January 1, 2010.)
  41. 45032.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    If avocados are suspected to be in unlawful possession, proof of ownership must be shown for inspection on request, and the proof-of-ownership record must include specific seller, buyer, product, quantity, and transaction-date details.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45032. (a) Upon probable cause to believe any avocados regulated by this chapter are in unlawful possession, proof of ownership shall be made available for inspection upon the request of the director or any peace officer. If the director has probable cause to believe that any avocados regulated by this chapter are in unlawful possession, he or she may request a peace officer to stop the vehicle pursuant to Section 45037 for inspection. (b) The proof of ownership record shall contain all of the following information: (1) The name, address, telephone number, and signature of the seller or the seller’s authorized representative. (2) The name and address of the buyer or consignee if not sold. (3) The common name “avocados” and the quantity of the avocados. (4) The date of transaction. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  42. 45033.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    For this chapter, certain documents count as proof of ownership, including a bill of lading, bill of sale, certified farmers certificate, accessible electronic data, or a similar document.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45033. A bill of lading, bill of sale, certified farmers certificate, any data obtainable by electronic transmission which is accessible to a common carrier, or a similar type document shall be considered proof of ownership for purposes of this chapter. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  43. 45034.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    A person must not knowingly falsify, or cause to be falsified, information in a record intended to prove ownership.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45034. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  44. 45035.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    The buyer and seller must keep a copy of the proof of ownership record for one year after the sale.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45035. A copy of the proof of ownership record shall be retained by the buyer and seller for a period of one year after sale. (Amended by Stats. 1992, Ch. 868, Sec. 1.3. Effective January 1, 1993.)
  45. 45036.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    This article does not apply to avocados moved with a valid permit, disposal order, or certificate issued by the director or commissioner for a purpose other than complying with this article.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45036. This article does not apply to avocados transported and accompanied by a valid permit, disposal order, or certificate issued by the director or the commissioner for any reason other than to comply with this article. (Amended by Stats. 1992, Ch. 868, Sec. 1.5. Effective January 1, 1993.)
  46. 45037.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    If there is probable cause to think avocados covered by this chapter are being unlawfully transported, a peace officer may stop the vehicle and ask for proof of ownership.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45037. Upon probable cause to believe avocados regulated by this chapter are being unlawfully transported, any peace officer may stop the transporting vehicle and request a record of proof of ownership of the avocados. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  47. 45038.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    If avocados are reasonably believed to be unlawfully possessed, they may be seized by the director or a peace officer and handed over to the director’s custody.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45038. Upon reasonable belief that a person is in unlawful possession of avocados regulated by this chapter, the avocados may be seized by the director or any peace officer and shall be turned over to the custody of the director. The director may hold the commodity on the premises where it was seized until disposed of pursuant to Section 45040. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  48. 45039.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    The director or a peace officer may investigate who owns held avocados; if the lawful owner is found, the avocados must be released, and the director may require reasonable storage-cost payment up to the avocados’ value.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45039. The director or a peace officer may investigate to ascertain the ownership of any avocados that have been held pursuant to this chapter. If the lawful owner is located, the avocados shall be released to the owner, or his or her agent. The director may require reasonable payment to cover costs incurred in the storing of the avocados, but not to exceed the value of the avocados. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  49. 4504.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department may examine any fair’s books and records at any time to check whether statements or reports filed with the department are correct.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4504. The department may at any time examine the books and records of any fair to determine the correctness of any statement or report which is filed with the department. (Enacted by Stats. 1967, Ch. 15.)
  50. 45040.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    If seized avocados are not released to the rightful owner in time, the secretary may sell, donate, or destroy them depending on the circumstances, and must later handle sale proceeds as required.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45040. (a) If for any reason the avocados are not released to the rightful owner after being in the custody of the secretary for 72 hours or, in the case of highly perishable avocados, a shorter period of time that the secretary deems necessary, the secretary may either sell the avocados by private sale at fair grower market value or, after 72 hours from the time of seizure, donate the avocados to a nonprofit charitable organization or an on-campus food pantry serving students enrolled in an institution of public postsecondary education. If donated, the avocados shall not be sold by the receiving party. If sold by the secretary, all of the proceeds derived from the sale of the commodity shall be held by the secretary for a period of not less than six months, during which time the lawful owner of the avocados may submit satisfactory proof of ownership and obtain possession of the proceeds. The secretary may require the payment by the owner of an amount sufficient to cover the costs incurred for storage and sale of the avocados, but not to exceed the sale price of the avocados. If, after retention of the proceeds for a period of at least six months, no demand is made or if proof of ownership is not supplied, the secretary shall deposit the proceeds of the sale of the avocados with the California Avocado Commission. (b) If the avocados are unfit for human consumption, the secretary may destroy them. (Amended by Stats. 2024, Ch. 390, Sec. 1. (AB 2324) Effective January 1, 2025.)
  51. 45041.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    Violating this article is punishable by an infraction fine, but repeat violations or violations involving avocados worth over $500 can be misdemeanors with higher fines and possible jail time.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45041. (a) Unless otherwise specified, a violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). (b) A conviction of a second or subsequent violation of this article is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (c) A violation of this article is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment, if the retail value of the avocados in violation is in excess of five hundred dollars ($500). (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  52. 45042.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. )

    Verify source ↗

    This section sets minimum requirements for handling funds from seized avocados, and a county may add more requirements by ordinance.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Avocados [44971 - 45042] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [45031 - 45042] ( Article 3 added by Stats. 1989, Ch. 1068, Sec. 4. ) ## 45042. This article establishes minimal requirements for the transportation, identification, disposition, and use of funds derived from the disposition of avocados seized pursuant to this article. A county may, by ordinance, impose additional requirements regarding these requirements. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
  53. 4505.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    A qualifying fair must file a detailed report of its previous fiscal year operations with the department within 90 days after the fiscal year ends.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4505. Every fair within the network of California fairs that conducts a fair for which any apportionment is sought shall file a detailed statement of its operations in the previous fiscal year with the department within 90 days of the end of that fiscal year. The content and form of the statement shall be prescribed by the department. (Amended by Stats. 2004, Ch. 341, Sec. 1. Effective January 1, 2005.)
  54. 4506.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department must review operation statements filed by the fairs and consider related reports, statistics, and other information.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4506. The department shall review the statements of operation which are filed by the several fairs pursuant to Section 4505. It shall consider such reports, statistics and other information as to the conduct, operation, management of, and other matters which relate to such fairs. (Enacted by Stats. 1967, Ch. 15.)
  55. 4507.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department may classify or reclassify certain fairs, and it must review that question at least once every five years.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4507. The department may classify, and shall consider, at least once every five years, whether to classify or reclassify, fairs that are required to file reports pursuant to Section 4505. The department may request advice and recommendations from boards of directors of fairs for this purpose. In making classifications, the department may, in addition, take into consideration factors that may include, but are not limited to, the following: (a) The type and class of agricultural, including livestock, industrial, and natural resources that are exhibited, and the amount of premiums that are paid in accordance with the approved premium list of the fair. (b) Whether the fair is regional in nature, offers a special feature for agriculture, livestock, or industry, or is a sectional fair limiting exhibits to the region in which the fair is held, and any other characteristics and factors that the department deems necessary. (c) The ratio of attendance at the fair to the population of the area that is served by it. (d) The efficiency of management, including operational procedures, revenue from sources other than the state, quality of exhibits, and community interest in the fair. (e) The extent and nature of interim utilization of fair property as promoted by the fair management. (f) The need of the fair for money from state sources. (Amended by Stats. 2019, Ch. 198, Sec. 1. (AB 1800) Effective January 1, 2020.)
  56. 4508.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department must annually keep accurate job descriptions for each fair manager, gather information from fair boards about fair manager performance and responsibilities, and report its findings to fair directors and fair managers.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4508. The classifications of fairs established pursuant to Section 4507 may be considered in determining the basis of compensation to fair managers of fairs that are classified under those provisions. The department shall annually perform all of the following: (a) Review and maintain a separate and accurate job description for each fair manager. (b) Solicit information from fair board of directors that will accurately describe the fair managers performance and responsibilities in regard to merit salary increases for its fair manager. (c) Annually report its findings to fair directors and fair managers. (Amended by Stats. 1989, Ch. 1214, Sec. 6.)
  57. 4510.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department must prepare manuals for fair directors, revise them every year, and give copies to each director and manager of the listed fairs.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4510. The department shall prepare a manual setting forth the powers, duties, and responsibilities of directors of county and citrus fruit fairs, and a separate manual setting forth the powers, duties, and responsibilities of directors of district and combined county and district fairs. The department shall also: (a) Revise the manuals annually. (b) Provide copies of the manuals to each director and manager of every county, district, combined county and district, and citrus fruit fair. (Added by Stats. 1974, Ch. 370.)
  58. 4511.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    County fairs and citrus fruit fairs must give 180-day notice and a hearing before entering a carnival contract, report when they choose someone other than the highest bidder, and get department approval for contracts longer than three years.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4511. (a) All county fairs and citrus fruit fairs shall, prior to entering into a carnival contract, do both of the following: (1) Notify all persons on the department’s list of qualified carnival contractors of the contract opportunity at least 180 days prior to entering into the contract. (2) Provide all applicants for the carnival contract a hearing before the board or governing authority on their proposal. (b) If a county fair or citrus fruit fair enters into a carnival contract with a person other than the highest bidder, it shall submit a justification for that action to the department. (c) No county fair or citrus fruit fair shall enter into a carnival contract for a term which exceeds three years without the approval of the department. (Amended by Stats. 1988, Ch. 290, Sec. 1.)
  59. 4511.1.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    This section defines “carnival” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4511.1. For the purposes of this chapter, “carnival” is defined as a company of transportable amusement rides, food and beverage units, and games that may have one or more owners and travels from place to place, in a group or separately, providing entertainment and recreation to the public. (Added by Stats. 2008, Ch. 36, Sec. 1. Effective January 1, 2009.)
  60. 4511.2.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    For this chapter, “carnival workers” means employees of a carnival.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4511.2. For the purposes of this chapter, “carnival workers” are defined as employees of a carnival. (Added by Stats. 2008, Ch. 36, Sec. 2. Effective January 1, 2009.)
  61. 4511.5.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department must maintain and review certain carnival contractor accident reports, and share information about those reports with district agricultural associations, county fairs, and citrus fruit fairs, when those records are required as contract conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4511.5. If carnival incident or accident records are required as conditions to contracts between carnival contractors and district agricultural associations, county fairs, or citrus fruit fairs, the department shall maintain and review carnival contractor’s accident reports submitted by the Division of Occupational Safety and Health in the Department of Industrial Relations to the department and disseminate information regarding these reports to district agricultural associations, county fairs, and citrus fruit fairs. (Added by Stats. 1987, Ch. 1105, Sec. 1.)
  62. 4512.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department must help each fair develop a long-term maintenance schedule and must create an appeal process for funding requests.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4512. (a) The department shall assist each fair in the development of a long-term maintenance schedule, subject to annual review by the department. The review is for the purpose of ensuring that the schedule is established so individual project costs, project descriptions, and projected completion dates are readily available for public agency review. (b) The department shall develop an appeal process which allows individual fairs to request funding for projects and to present information concerning needed projects at their fairgrounds. (Added by Stats. 1986, Ch. 1018, Sec. 6.)
  63. 4513.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. )

    Verify source ↗

    The department and the California Exposition and State Fair may spend funds on promotional and public relations purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Department of Food and Agriculture Supervision [4501 - 4513] ( Heading of Chapter 5 amended by Stats. 1985, Ch. 106, Sec. 42. ) ## 4513. (a) The department may expend funds for promotional and public relations purposes for the California Exposition and State Fair. (b) The California Exposition and State Fair may expend funds for promotional and public relations purposes of the fair. (Added by Stats. 1988, Ch. 290, Sec. 2.)
  64. 4531.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Fairs Allocation and Classification Committee continues to exist and is made up of seven Senators and seven Assembly Members.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 4531. The Fairs Allocation and Classification Committee is continued in existence. It consists of seven Members of the Senate and seven Members of the Assembly. (Enacted by Stats. 1967, Ch. 15.)
  65. 4532.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

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    Committee appointments should, if feasible, ensure one Senate member and one Assembly member from each listed area.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 4532. To the extent that it is feasible, appointments to the committee shall be so made that there is one Member of the Senate and one Member of the Assembly on the committee from each of the following areas: Area 1. Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, and Sierra Counties. Area 2. Butte, Yuba, Sutter, Glenn, Colusa, Yolo, Sacramento, and Solano Counties. Area 3. Del Norte, Humboldt, Mendocino, Lake, Sonoma, Napa, and Marin Counties. Area 4. El Dorado, Amador, Calaveras, Tuolumne, Mariposa, Nevada, and Placer Counties. Area 5. San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties. Area 6. San Francisco, Contra Costa, Alameda, San Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, and San Luis Obispo Counties. Area 7. Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, San Bernardino, Inyo, Mono, Alpine, and Riverside Counties. (Enacted by Stats. 1967, Ch. 15.)
  66. 4533.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The committee must elect its chairman and vice chairman from time to time, may meet at any time, and remains in existence until changed by law.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 4533. The committee shall, from time to time, elect its chairman and vice chairman. The committee may meet at any time, whether or not the Legislature is in session, and shall continue in existence until otherwise provided by law. (Enacted by Stats. 1967, Ch. 15.)
  67. 4534.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The committee must study fairs, review fund administration, seek private financing, and make recommendations about fair operations and classifications.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 4534. (a) The committee shall investigate, study, and analyze, when it deems it necessary, any or all facts and matters relating to the operation and financing of fairs that are subject to this division and the effect and operation of the laws relating thereto. (b) The committee shall regularly review the administration of the Fair and Exposition Fund by the department and make recommendations to improve efficiency and economy in the operation of all fairs. (c) The committee shall seek methods whereby private financing can be secured for support of all local fairs. (d) The committee shall regularly review the capability of the department to administer and supervise the allocation of moneys from the Fair and Exposition Fund to all local fairs. (e) The committee shall make recommendations to the Legislature regarding the establishment of new district agricultural associations or local fairs. (f) The committee shall regularly review the criteria for the classification of fairs specified by Section 4507 and make recommendations for changes whenever appropriate. (g) The committee shall encourage, where feasible, the conduct on a regular basis of joint or combined fairs pursuant to Section 4441. (Amended by Stats. 2024, Ch. 559, Sec. 68. (AB 2143) Effective January 1, 2025.)
  68. 4535.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The committee must report to the Legislature at the start of each regular session, and it may report at any time.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 4. COUNTY AND DISTRICT AGRICULTURAL FAIRS [4401.5 - 4535] ( Part 4 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Fairs Allocation and Classification Committee [4531 - 4535] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 4535. The committee shall report to the Legislature at the commencement of each regular session and may report to the Legislature at any time, including in such reports its recommendations, if any, as to necessary or desirable legislative action. The provisions of the Joint Rules of the Senate and Assembly, as they may exist from time to time, which relate to joint investigating committees apply to the committee. (Enacted by Stats. 1967, Ch. 15.)
  69. 46000.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section names the California Organic Food and Farming Act and says the secretary and county agricultural commissioners must enforce the listed organic regulations and this act for people selling products as organic.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46000. (a) This chapter and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code shall be known and may be cited as the California Organic Food and Farming Act. (b) The secretary and county agricultural commissioners under the supervision and direction of the secretary shall enforce regulations adopted by the National Organic Program (NOP) (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code and this act applicable to any person selling products as organic. (Amended by Stats. 2016, Ch. 403, Sec. 2. (AB 1826) Effective January 1, 2017.)
  70. 46001.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

    Verify source ↗

    This section says Chapter 10 must be read together with specified Health and Safety Code provisions and National Organic Program regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46001. This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code and regulations adopted by the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)). (Amended by Stats. 2016, Ch. 403, Sec. 3. (AB 1826) Effective January 1, 2017.)
  71. 46002.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section makes certain organic food and product regulations, and later amendments to them, the state’s organic food and product regulations. It also lets the secretary set sale conditions for some organic foods or other products not covered by the National Organic Program, and receive and spend authorized state and federal funds.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46002. (a) All organic food or product regulations and any amendments to those regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.), that are in effect on the date this bill is enacted or that are adopted after that date, shall be the organic food and product regulations of this state. (b) The secretary may, by regulation, prescribe conditions under which organic foods or other products not addressed by the National Organic Program may be sold in this state. (c) The purpose of the act shall be to do both of the following: (1) Promote coordination of federal, state, and local agencies in implementing the National Organic Program. (2) Support organic agriculture through education, outreach, and other programmatic activities. (d) The secretary may receive and expend state and federal funds for activities authorized under this act. (Amended by Stats. 2016, Ch. 403, Sec. 4. (AB 1826) Effective January 1, 2017.)
  72. 46003.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    The secretary must create the California Organic Products Advisory Committee, which advises the secretary and has 15 members with alternates allowed.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46003. (a) The secretary shall establish an advisory committee, which shall be known as the California Organic Products Advisory Committee, for the purpose of advising the secretary with respect to his or her responsibilities under this act. (b) The advisory committee shall advise the secretary on education, outreach, and technical assistance for producers. (c) The advisory committee shall be comprised of 15 members. Each member may have an alternate. Six members and their alternates shall be producers, at least one of whom shall be a producer of meat, fowl, fish, dairy products, or eggs. Two members and their alternates shall be processors, one member and his or her alternate shall be wholesale distributors, one member and his or her alternate shall be representatives of an accredited certifying agency operating in the state, one member and his or her alternate shall be consumer representatives, one member and his or her alternate shall be environmental representatives, two members and their alternates shall be technical representatives with scientific credentials related to agricultural chemicals, toxicology, or food science, and one member and his or her alternate shall be retail representatives. Except for the consumer, environmental, and technical representatives, the members of the advisory committee and their alternates shall have derived a substantial portion of their business income, wages, or salary as a result of services they provide that directly result in the production, handling, processing, or retailing of products sold as organic for at least three years preceding their appointment to the advisory committee. The consumer and environmental representatives and their alternates shall not have a financial interest in the direct sales or marketing of the organic product industry and shall be members or employees of representatives of recognized nonprofit organizations whose principal purpose is the protection of consumer health or protection of the environment. The technical representatives and their alternates shall not have a financial interest in the production, handling, processing, or marketing of the organic products industry. The technical representatives may be involved in organic research or technical review providing they have no financial benefit from results of the research project or technical review. (d) An alternate member shall serve at an advisory committee meeting only in the absence of, and shall have the same powers and duties as, the category that he or she is representing as alternate, except for duties and powers as an officer of the committee. The number of alternates present who are not serving in the capacity of a member shall not be considered in determining a quorum. (e) An alternate member may serve at an advisory committee subcommittee meeting only in the absence of, and shall have the same powers and duties as, the member whom he or she is designated as alternate, except for duties and powers as a subcommittee chairperson. (f) The members of the advisory committee and their alternates shall be reimbursed for the reasonable expenses actually incurred in the performance of their duties, as determined by the advisory committee and approved by the secretary. (g) The secretary or his or her representative, the State Public Health Officer or his or her representative, and a county agricultural commissioner may serve as ex officio members of the advisory committee. (Amended by Stats. 2017, Ch. 561, Sec. 61. (AB 1516) Effective January 1, 2018.)
  73. 46003.2.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

    Verify source ↗

    The secretary may, if funds are available and in consultation with the California Organic Products Advisory Committee, set up procedures and carry out organic-compliance enforcement and support activities.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46003.2. (a) To the extent that funds are available, the secretary, in consultation with the California Organic Products Advisory Committee, may establish procedures for and conduct all of the following activities: (1) Receive and investigate complaints filed by any person concerning suspected acts of noncompliance with this act or federal organic standards. (2) Conduct periodic announced and unannounced spot inspections. (3) Collect samples to conduct periodic substance testing on products labeled as organic. There shall be no charge to the inspector or investigator for the samples taken. (4) Conduct farmers’ market inspections. (5) Support organic agriculture through education, outreach, and other programmatic activities. (6) Reimburse investigation, enforcement, and market surveillance expenses, including expenses incurred by any county agricultural commissioner for actions conducted pursuant to this chapter. (7) Conduct hearings, appeals, mediation, or settlement conferences from actions taken to enforce this chapter. (b) Investigation, inspection, and prohibited material testing reports shall be forwarded to the secretary for any required enforcement action. (c) The secretary shall coordinate activities authorized under this section with other county and state licensing, registration, inspection, and fee collection procedures applicable to registrants. (Amended by Stats. 2024, Ch. 456, Sec. 1. (SB 1117) Effective January 1, 2025.)
  74. 46004.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

    Verify source ↗

    Any person may file a complaint with the director about suspected noncompliance, and the director must set up complaint-handling procedures and respond within stated timelines when funds are available.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46004. (a) Any person may file a complaint with the director concerning suspected noncompliance with this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code by a person under the enforcement jurisdiction of the director, as provided in Section 46000. (b) The director shall, to the extent funds are available, establish procedures for handling complaints, including provision of a written complaint form, and procedures for commencing an investigation within three working days after receiving a complaint regarding fresh food, and within seven working days for other food, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 60 days thereafter. (c) The director may establish minimum information requirements to determine the verifiability of a complaint, and may provide for rejection of a complaint that does not meet the requirements. The director shall provide written notice of the reasons for rejection to the person filing the complaint. (d) The director shall carry out the functions and objectives of this chapter and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to the extent funds are available for those purposes. (Amended by Stats. 1996, Ch. 1023, Sec. 69. Effective September 29, 1996.)
  75. 46004.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

    Verify source ↗

    This section defines terms used in the California Organic Food and Farming Act.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46004.1. Unless defined pursuant to the National Organic Program (NOP), the following words and phrases, when used in this act, shall have the following meanings: (a) “Accredited certification agency” means an entity accredited by the United States Department of Agriculture to certify operations as compliant with the federal organic standards. (b) “Act” means the California Organic Food and Farming Act. It also means the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the regulations adopted pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). (c) “Categorical products” means categories of products of like commodity, such as apples, salad products, etc., and does not require variety-specific information. (d) “Certified operation” means a crop or livestock production or a wild crop harvesting or handling operation, or a portion of that operation, that is certified organic by an accredited certification agency as using a system of organic production or handling, as described by the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the National Organic Program. (e) “Data” means the information provided annually by persons registered under the act, including certified organic acreage and gross sales of certified organic products. (f) “Director” means the director and State Public Health Officer for the State Department of Public Health. (g) “Enforcement authority” means the governmental unit with primary enforcement jurisdiction, as provided in Section 46008. (h) “Exempt handler” means a handling operation exempt from certification under federal organic standards that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals five thousand dollars ($5,000) or less annually, that only handles agricultural products that contain less than 70 percent organic ingredients, as described in Section 205.301(d) of Title 7 of the Code of Federal Regulations, or that only identifies organic ingredients on the information panel. (i) “Exempt operation” means a production or handling operation, retail establishment, or broker that sells agricultural products but is exempt from certification under federal organic standards. (j) “Exempt producer” means a production operation that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals five thousand dollars ($5,000) or less annually. An “exempt producer” is exempt from certification under federal organic standards. (k) “Federal organic standards” means the federal regulations governing production, labeling, and marketing of organic products as authorized by the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and implemented pursuant to the National Organic Program (7 C.F.R. Sec. 205.1 et seq.), and any amendments to the federal act or regulations made subsequent to the enactment of this chapter. (l) “Handle” means to sell, process, or package agricultural products, and includes, but is not limited to, trading, facilitating a sale or trade on behalf of a seller or oneself, importing to the United States, exporting for sale in the United States, combining, aggregating, culling, conditioning, treating, packing, containerizing, repackaging, labeling, storing, receiving, and loading. (m) “Handler” means a person who handles agricultural products, except final retailers of agricultural products that do not process agricultural products. (n) “Handling operation” means an operation that handles agricultural products, except final retailers of agricultural products that do not process agricultural products. (o) “Inspection” means the act of examining and evaluating production or handling operation to determine compliance with state and federal law. (p) “National Organic Program” or “NOP” means the National Organic Program established pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the regulations adopted for implementation. (q) “Organic Integrity Database” means the National Organic Program’s electronic, web-based reporting tool for the submission of data, completion of certificates of organic operation, and other information, or the tool’s successors. (r) “Person” means an individual, firm, partnership, trust, corporation, limited liability company, company, estate, public or private institution, association, organization, group, city, county, city and county, political subdivision of this state, other governmental agency within the state, and any representative, agent, or agency of any of the foregoing. (s) “Processing” means cooking, baking, curing, heating, drying, mixing, grinding, churning, separating, extracting, slaughtering, cutting, distilling, fermenting, eviscerating, preserving, dehydrating, freezing, chilling, or otherwise manufacturing, and includes packaging, canning, jarring, or otherwise enclosing food in a container. (t) “Producer” means a person who engages in the business of growing or producing food, fiber, feed, and other agricultural-based consumer products. (u) “Prohibited substance” means a substance the use of which in any aspect of organic production or handling is prohibited or not provided for in state or federal laws, including statutes and regulations. (v) “Residue testing” means an official or validated analytical procedure that detects, identifies, and measures the presence of chemical substances, their metabolites, or degradation products in or on raw or processed agricultural products. (w) “Retail food establishment” means a restaurant, delicatessen, bakery, grocery store, or any retail business with a restaurant, delicatessen, bakery, bulk food self-service station, salad bar, or other eat-in, carry-out, mail order, or delivery service of raw or processed agricultural products. (x) “Secretary” means the Secretary of Food and Agriculture. (y) “State Organic Program” or “SOP” means a state program that meets the requirements of Section 6506 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.), is approved by the Secretary of the United States Department of Agriculture, and is designed to ensure that a product that is sold or labeled as organically produced under the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) is produced and handled using organic methods. (z) “USDA” means the United States Department of Agriculture. (Amended by Stats. 2024, Ch. 456, Sec. 3. (SB 1117) Effective January 1, 2025.)
  76. 46005.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section says the act applies even if another law is inconsistent with it, and it does not repeal other laws that are not inconsistent.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46005. This act shall apply notwithstanding any other provision of law that is inconsistent with this act. Nothing in this act is intended to repeal any other provision of law not inconsistent with this act. (Repealed and added by Stats. 2002, Ch. 533, Sec. 7.5. Effective January 1, 2003.)
  77. 46006.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A county agricultural commissioner may request the county district attorney to bring an enforcement action under this chapter or related Article 7 in the commissioner’s enforcement jurisdiction.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46006. At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, within the enforcement jurisdiction of that commissioner. (Amended by Stats. 1996, Ch. 1023, Sec. 71. Effective September 29, 1996.)
  78. 46007.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section directs how certain fees and penalties are handled and requires the secretary to set a minimum reimbursement amount for county agricultural commissioners.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46007. (a) Any penalties collected by the secretary and any fees collected by a county agricultural commissioner pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation by the Legislature, shall be expended solely to fulfill the responsibilities authorized under this chapter. (b) Any fees and penalties collected by a county agricultural commissioner pursuant to Section 46017 and any other penalties collected by a county agricultural commissioner pursuant to this chapter shall be paid directly to the county agricultural commissioner and expended to fulfill the responsibilities of the county agricultural commissioner, as specified in this chapter. (c) The secretary shall establish a specific minimum amount to be reimbursed to each county agricultural commissioner per registrant in that county. This reimbursement shall not limit the amount of the reimbursement otherwise made to county commissioners for their enforcement activities. (Amended by Stats. 2016, Ch. 403, Sec. 8. (AB 1826) Effective January 1, 2017.)
  79. 46008.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section says certain organic-food standards apply to products represented as organically produced by unregistered persons, or products not complying with this chapter or the NOP.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46008. (a) Article 14 (commencing with Section 43031) of Chapter 2 of the Food and Agricultural Code applies to any product that is represented as organically produced by any person who is not registered as required by this chapter or any product that is not in compliance with this chapter or the NOP. (b) The secretary, county agricultural commissioners, and the State Director of Health Services shall be considered enforcing officers for purposes of those provisions of law under their respective jurisdiction. (Added by Stats. 2002, Ch. 533, Sec. 9. Effective January 1, 2003.)
  80. 46009.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    If a person subject to this act pays the registration fee more than 10 days late, they must pay a 10% penalty plus 1.5% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46009. Any person subject to this act that does not pay the registration fee within 10 days of the date on which the fee is due and payable shall pay a penalty of 10 percent of the total amount determined to be due plus interest at the rate of 1.5 percent per month on the unpaid balance. (Amended by Stats. 2010, Ch. 393, Sec. 7. (AB 2612) Effective January 1, 2011.)
  81. 4601.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [4601 - 4603] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    This chapter’s definitions control how this part is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [4601 - 4603] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 4601. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1967, Ch. 15.)
  82. 46010.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section says Chapter 10 must be read together with a specified article in the Health and Safety Code.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46010. This chapter shall be interpreted in conjunction with Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 75. Effective September 29, 1996.)
  83. 46010.5.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    Fees collected under this chapter cannot exceed the costs of the secretary or county agricultural commissioner for regulating and enforcing the chapter’s covered functions.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46010.5. (a) No fee established and collected pursuant to this chapter shall exceed the secretary’s costs or the county agricultural commissioner’s costs, as the case may be, of regulating and enforcing the provisions of this chapter related to the function for which the fee is established. (b) The fees established and collected pursuant to this chapter may be expended, under the advisement of the California Organic Products Advisory Committee, for activities authorized under this chapter, including assisting operations in achieving certification, conducting education and outreach, entering research and development partnerships, and addressing production or marketing obstacles to the growth of the organic sector. (Amended by Stats. 2016, Ch. 403, Sec. 9. (AB 1826) Effective January 1, 2017.)
  84. 46011.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section says the act does not apply to the term “natural” when it is used in product labeling or advertising.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46011. This act shall not apply to the term “natural” when used in the labeling or advertising of a product. (Repealed and added by Stats. 2002, Ch. 533, Sec. 12.5. Effective January 1, 2003.)
  85. 46012.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section makes Article 14 apply to certain products labeled as organically produced when the person is not properly registered or when the product does not comply with the chapter or related Health and Safety Code provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46012. Article 14 (commencing with Section 43031) of Chapter 2 applies to any food product that is represented as organically produced by any person who is not registered as required by this chapter or any product that is not in compliance with this chapter or Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The secretary, agricultural commissioners, and the director shall be considered enforcing officers for purposes of those provisions of law under their respective jurisdiction. (Amended by Stats. 2016, Ch. 403, Sec. 10. (AB 1826) Effective January 1, 2017.)
  86. 46013.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    If certain organic-food actors do not pay a required fee within 10 days after it becomes due, they must pay a 10% penalty plus 1.5% monthly interest on the unpaid balance.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46013. Any producer, handler, processor, or registered certification organization subject to this chapter that does not pay the fee within 10 days of the date on which the fee is due and payable shall pay a penalty of 10 percent of the total amount determined to be due plus interest at the rate of 1.5 percent per month on the unpaid balance. (Amended by Stats. 2010, Ch. 393, Sec. 8. (AB 2612) Effective January 1, 2011.)
  87. 46013.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    Certain organic producers, handlers, and processors must register, renew annually, and may owe registration fees; some limited storage or transport actors do not have to register.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46013.1. (a) Every person engaged in this state in the production or handling of raw agricultural products sold as organic shall register with the secretary before the first sale of the product. All processors of organic agriculturally derived products that are not required to be registered as outlined in subdivision (b) shall register with the secretary. Each registrant shall annually renew the registration with the secretary unless no longer engaged in the activities requiring the registration. An exempt handler, exempt operation, and exempt producer are only exempt from certification under federal organic standards and are still required to be registered with the State Organic Program. (b) Every person engaged in this state in the processing or handling of processed products pursuant to Section 110460 of the Health and Safety Code, and pet food pursuant to Section 18653, and cosmetics pursuant to Section 111795 of the Health and Safety Code, including processors of alcoholic beverages, fish, and seafood, shall register with the State Public Health Officer. (c) Registration pursuant to this section shall be on a form either provided by the secretary or approved by the secretary and shall be valid for a period of one calendar year from the date of validation by the secretary of the completed registration form or for a period determined by the secretary to promote coordination with organic certification applications and renewals, organic certification cost share programs, and other state program registration. (d) The information provided on the registration form shall include all of the following: (1) The nature of the registrant’s business, including the categorical products produced, handled, or processed that are sold as organic. For purposes of registration, organic products shall be reported in accordance with the following specified categories unless the secretary, in consultation with the California Organic Products Advisory Committee, establishes different categories: (A) Citrus. (B) Fruits, excluding citrus. (C) Livestock or dairy. (D) Nuts. (E) Vegetables. (F) Other, which includes, but is not limited to, apiculture, organic fallow ground, herbs, mushrooms, cut flowers, and nursery. (2) The address or assessor’s parcel number of the precise location or locations where the products are produced, processed, or handled. (3) Sufficient information, under penalty of perjury, to enable the secretary to verify the amount of the registration fee to be paid in accordance with this act. (4) The names of all certification organizations or governmental entities, if any, providing organic certification to them. (e) (1) A registration form shall be accompanied by payment of a nonrefundable registration fee by producers, handlers, and processors, which shall be based on total gross sales by the registrant of product sold as organic in the calendar year that precedes the date of registration or, if no sales were made in the preceding year, then based on the expected sales during the 12 calendar months following the date of registration in accordance with the following fee schedule. The secretary, in consultation with the California Organic Products Advisory Committee, may lower the amounts specified in the following fee schedule by regulation. Gross Sales Registration Fee $ 0– 4,999 $ 25 $ 5,000– 10,000 $ 50 $ 10,001– 50,000 $ 75 $ 50,001– 250,000 $ 100 $ 250,001– 500,000 $ 450 $ 500,001– 1,000,000 $ 750 $ 1,000,001– 2,500,000 $ 1,000 $ 2,500,001– 5,000,000 $ 1,500 $ 5,000,001– 15,000,000 $ 2,000 $ 15,000,001– 25,000,000 $ 2,500 $ 25,000,001– and above $ 3,000 (2) Producers that sell processed product shall pay fees based on the value of raw product before being processed and the value of any product sold as unprocessed. (3) A person who (A) does not take title of an organic product that is outside the jurisdiction of the State Public Health Officer, (B) packs, repacks, labels, sorts, or otherwise handles the product, including, but not limited to, trading the product or facilitating the sale or trade of the product on behalf of a seller, and (C) provides only handling services for the product, shall register and pay one hundred dollars ($100) per year. (4) A person who (A) takes title of an organic product that is outside the jurisdiction of the State Public Health Officer, (B) packs, repacks, labels, sorts, or otherwise handles the product, including, but not limited to, trading the product or facilitating the sale or trade of the product on behalf of a seller or themselves, and (C) provides only handling services for the product, shall register and pay a fee based on total gross sales of product sold as organic in the calendar year that precedes the date of registration or, if no sales were made in the preceding year, based on the expected sales during the 12 calendar months following the date of registration, in accordance with the fee schedule in paragraph (1). (5) A person who provides temporary storage of 14 days or less or transportation for an organic product and does not handle the raw unpackaged product does not have to register. (6) A person required to register pursuant to this section who fits the description of more than one of the persons described above shall pay the greater of the multiple amounts. (7) The secretary may require any producer, handler, processor, or other organic registrant to provide the exact dollar amount of gross sales of twenty-five million one dollars ($25,000,001) or more in lieu of the range specified in paragraph (1). (f) The secretary may adopt regulations that supersede the terms of this section to the extent reasonably necessary to provide an online system of registration for those required to register pursuant to this section. (g) The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal the regulations concerning assessment rates pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following: (1) Indicate that the regulations are being adopted, amended, or repealed pursuant to this chapter. (2) State that the order is being transmitted for filing. (3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations. (Amended by Stats. 2024, Ch. 456, Sec. 4. (SB 1117) Effective January 1, 2025.)
  88. 46013.2.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section sets registration and fee procedures for organic registrants, requires updates and fee payment, and allows the secretary to deny incomplete filings, suspend the program, or start revocation in some cases.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46013.2. (a) To the extent feasible, the secretary, in consultation with the director, shall coordinate the registration and annual fee collection procedures of this section with similar licensing or registration procedures applicable to registrants. (b) The secretary shall deny a registration submission that is incomplete or not in compliance with this act. (c) A registrant shall, within 30 days, notify the secretary of any change in the information reported on the registration form and shall pay any additional fee owed if that change results in a higher fee owed than that previously paid. (d) (1) At the request of any person, the secretary or county agricultural commissioner shall provide the following: (A) The name and address of the registrant. (B) The nature of the registrant’s business. (C) The names of all certification organizations or governmental entities, if any, providing certification pursuant to this act. (2) The secretary or county agricultural commissioner may charge a reasonable fee for the cost of reproducing this information. Except as provided in this subdivision, a registration form is exempt from Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (e) The secretary, in consultation with the California Organic Products Advisory Committee, may suspend the registration program set forth in this section if the secretary determines that income derived from registration fees is insufficient to support a registration enforcement program. (f) A registration is considered legal and valid until revoked, suspended, or until the expiration of the registration. (g) The registration revocation process shall be in conjunction with other provisions of this act. The secretary or county agricultural commissioner’s office may initiate the revocation process for failure to comply with the NOP or this act. A person against whom the action is being taken shall have the opportunity to appeal the action and be afforded the opportunity to be heard in an administrative appeal. This appeal shall be administered by either the state or county agricultural commissioner’s office. (h) If the registration fee is not paid within 60 days from the expiration date, the account shall be considered closed and the registration voided. A notification shall be sent to the registrant and the certifier, if applicable, notifying them the registrant is no longer able to market products as organic until the account is paid in full. (i) A producer, handler, processor, or certification agency subject to this chapter that does not pay the fee within 10 days of the date on which the fee is due and payable shall pay a penalty of 10 percent of the total amount determined to be due plus interest at the rate of 1.5 percent per month on the unpaid balance. (Amended by Stats. 2024, Ch. 456, Sec. 5. (SB 1117) Effective January 1, 2025.)
  89. 46014.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section says the chapter also applies to seed, fiber, and horticultural products.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46014. This chapter also applies to seed, fiber, and horticultural products. The terms “foods” and “raw agricultural commodities” as used in this chapter, and in Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, include seed, fiber, and horticultural products where the context requires to effectuate this section. (Amended by Stats. 1996, Ch. 1023, Sec. 77. Effective September 29, 1996.)
  90. 46014.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    Certification agencies selling organic products in the state must register with the secretary, renew annually, pay fees, and provide specified records on request.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46014.1. (a) Any certification agency that certifies products in this state sold as organic shall register with the secretary and shall thereafter annually renew the registration, unless the organization is no longer engaged in the activities requiring the registration. Registration shall be on a form provided by the secretary and shall include a copy of accreditation by the USDA or proof of application, if applicable. (b) Each certification agency shall pay to the secretary an annual registration fee of twenty-five dollars ($25) for each client they have certified in this state up to a maximum of five hundred dollars ($500). Any registration submitted by a certification agency shall be made available to the public for inspection and copying. The secretary may audit the agency’s certification procedures and records at any time, but any records of the certification agency not otherwise required to be disclosed shall be kept confidential by the secretary. (c) An accredited certifying agency may submit an annual registration fee and application on behalf of their client provided that all of the information required under Section 46013.1 is included when remitting applicable fees to the secretary. (d) The secretary and the county agricultural commissioners under the supervision of the secretary shall, if requested by a sufficient number of persons to cover the costs of the program in a county as determined by the secretary, establish a certification program. This program shall meet all of the requirements of this act. In addition, this program shall meet all of the requirements of the federal certification program, including federal accreditation. The secretary shall establish a fee schedule for participants in this program that covers all of the secretary’s reasonable costs of the program. A county agricultural commissioner that conducts a voluntary certification program pursuant to this section shall establish a fee schedule for participants in this program that covers all of the county’s reasonable costs of the program. The secretary shall not expend funds obtained from registration fees collected under this chapter for the purposes of adopting or administering this program. The certification fee authorized by this subdivision is due and payable on January 1 or may be prorated before the 10th day of the month following the month in which the decision to grant the certification is issued. Any person who does not pay the amount that is due within the required period shall pay the enforcement authority providing the certificate a penalty of 10 percent of the total amount determined to be due, plus interest at the rate of 1.5 percent per month on the unpaid balance. (e) Notwithstanding any other law, any certification agency that certifies products in this state sold as organic shall immediately make the following records available for inspection by, and shall upon request within three business days of the request, or within a reasonable time exceeding three business days as determined by the secretary, provide a copy to, the secretary or county agricultural commissioner: (1) Records obtained from applicants for certification and certified operations. (2) Records created by the certifying agent regarding applicants for certification and certified operations. (3) Any record required to be kept under the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and 7 C.F.R. 205 et seq.), Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, and this act applicable to any person selling products as organic. (f) Records acquired pursuant to this section shall not be public records as that term is defined in Section 7920.530 of the Government Code and shall not be subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 127. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  91. 46014.2.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    Organic products sold in California must be certified when federal law requires it, and certification agencies must be accredited by the USDA.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46014.2. (a) All products sold as organic in California shall be certified by an accredited certifying agent if they are required to be certified under the federal act. (b) Product shall be sold as organic only in accordance with this act. (c) A certification agency shall be accredited by the USDA as provided in the NOP. (Amended by Stats. 2016, Ch. 403, Sec. 14. (AB 1826) Effective January 1, 2017.)
  92. 46014.4.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A registered certification agency must send the secretary a certified-person list every January and June, and the list must be publicly available within 30 days after each filing period.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46014.4. A registered certification agency shall submit to the secretary every January and June a list of all persons whose production or processing of product in California is certified. The list shall be publicly available within 30 days after the end of each filing period. A certifier that keeps a current list on an Internet Web site available to the public may be deemed to meet this requirement. (Amended by Stats. 2016, Ch. 403, Sec. 15. (AB 1826) Effective January 1, 2017.)
  93. 46014.6.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A registered certification agency may certify only products that were produced and handled in accordance with this act.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46014.6. Only products that have been produced and handled in accordance with this act may be certified by a registered certification agency. (Amended by Stats. 2016, Ch. 403, Sec. 16. (AB 1826) Effective January 1, 2017.)
  94. 46015.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    Materials are acceptable in this state only if they match the standards listed in the cited federal regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46015. Materials acceptable in this state are those outlined in Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations. (Repealed and added by Stats. 2002, Ch. 533, Sec. 21.5. Effective January 1, 2003.)
  95. 46016.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A person may file a complaint about suspected noncompliance; the secretary must set up complaint procedures and meet set investigation and notice timelines, subject to available funds and NOP regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46016.1. (a) A person may file a complaint with the secretary concerning suspected noncompliance with this act, as provided in Section 46000 or regulations adopted by the NOP. (b) The secretary shall, to the extent funds are available, establish procedures for handling complaints, including provision of a written complaint form, and procedures for commencing an investigation within five working days after receiving a complaint regarding fresh food, and within seven working days for other products, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 120 days thereafter. (c) The secretary may establish minimum information requirements to determine the verifiability of a complaint, and may provide for rejection of a complaint that does not meet the requirements. The secretary shall provide written notice of the reasons for rejection to the person filing the complaint. (d) The secretary shall carry out the functions and objectives of this act to the extent funds are available for those purposes. (e) The complaint process in this state must also meet all the complaint process outlined in regulations adopted by the NOP. (Amended by Stats. 2024, Ch. 456, Sec. 6. (SB 1117) Effective January 1, 2025.)
  96. 46016.2.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A county agricultural commissioner may start a notice and hearing process at any time to decide whether a violation occurred, and the secretary or commissioner may take corrective action if a violation is determined.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46016.2. (a) Any county agricultural commissioner may, at any time, initiate a notice and hearing process to determine whether a violation of these provisions has occurred. The hearing process to determine if a violation has occurred may include a review of the actions or records of: (1) The organic registrant. (2) A family member, employee, or any other person authorized to act on behalf of the registrant. (3) Any other person whose actions may have resulted in the violation. (b) The notice of hearing shall be on a form approved by the secretary and may contain: (1) The reasons why the hearing is being held. (2) A warning that failure to participate may result in other adverse actions or may be considered to be admission to a possible violation. (3) A hearing date, time, and location of the hearing. (4) The secretary or county agricultural commissioner may, upon determination that a violation has been made in accordance with subdivision (a) above, take any corrective action as specified in this act. (Added by Stats. 2002, Ch. 533, Sec. 23. Effective January 1, 2003.)
  97. 46016.3.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A person may appeal to the secretary for a hearing if aggrieved by denial, suspension, or revocation of a registration, or under the cited federal regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46016.3. A person may appeal to the secretary for a hearing under Section 205.668 of Title 7 of the Code of Federal Regulations or if aggrieved by any one of the following actions or decisions: (a) Denial of any registration. (b) Suspension of any registration. (c) Revocation of any registration. (Amended by Stats. 2024, Ch. 456, Sec. 7. (SB 1117) Effective January 1, 2025.)
  98. 46016.4.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    An appeal must be submitted in writing to the secretary within the later of the notice letter’s stated period or 30 days after receipt. If the appeal is received by the secretary, it is treated as filed on that date.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46016.4. The appeal shall be submitted to the secretary in writing within the time period provided in the letter of notification of the adverse action or within 30 days of receipt of the letter of notification of the adverse action, whichever is later. The appeal shall be considered filed on the date the appeal is received by the secretary. An adverse action shall become final and nonappealable unless an appeal is timely filed. The secretary’s proceeding shall, insofar as practicable, comply with the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that a Department of Food and Agriculture hearing officer may be used. (Amended by Stats. 2024, Ch. 456, Sec. 8. (SB 1117) Effective January 1, 2025.)
  99. 46016.5.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A proposed action by an NOP accredited certification agency may be appealed to the secretary for mediation, subject to NOP regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46016.5. As provided for in regulations adopted by the NOP, the action proposed by an NOP accredited certification agency against a client may be appealed to the secretary for mediation. (Amended by Stats. 2016, Ch. 403, Sec. 18. (AB 1826) Effective January 1, 2017.)
  100. 46017.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section lets the secretary or a county agricultural commissioner impose civil penalties for organic-food violations and sets hearing, review, reimbursement, and public-list rules.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46017. (a) In lieu of prosecution, the secretary or a county agricultural commissioner may levy a civil penalty against any person under the enforcement jurisdiction of the secretary as provided in Section 46000 who violates this act, or any regulation adopted pursuant to this act, or regulations adopted by the NOP, in an amount not more than five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based on the nature of the violation, the seriousness of the effect of the violation on the effectuation of the purposes and provisions of this chapter and the impact of the penalty on the violator, including the deterrent effect on future violations. (b) (1)Notwithstanding the penalties prescribed in subdivision (a), if the secretary or county agricultural commissioner finds that a person or a responsibly connected person knowingly sells or labels a product as organic, in violation of this act, any regulation adopted pursuant to this act, or regulations adopted by the NOP, the secretary or county agricultural commissioner may levy a civil penalty against the person in an amount that is not more than the amount specified in Section 3.91(b)(1)(xxxvi) of Title 7 of the Code of Federal Regulations for each violation. For purposes of this section, “responsibly connected” has the same meaning as defined in Section 205.2 of Title 7 of the Code of Federal Regulations. (2) Notwithstanding the penalties prescribed in subdivision (a), if the secretary or county agricultural commissioner finds that a violation was not intentional, the secretary or county agricultural commissioner may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation. (c) For a first offense, in lieu of a civil penalty as prescribed in subdivision (a) or (b), the secretary or county agricultural commissioner may issue a notice of violation if they find that the violation is minor. (d) A person against whom a civil penalty is proposed shall be afforded an opportunity for a hearing before the secretary or county agricultural commissioner, upon request made in writing within 30 days after the issuance of the notice of penalty. At the hearing, the person shall be given the right to review the secretary’s or commissioner’s evidence of the violation and the right to present evidence on their own behalf. If no hearing is requested, the civil penalty shall constitute a final and nonreviewable order. (e) If a hearing is held, review of the final decision of the secretary or county agricultural commissioner may be requested in writing by any person, pursuant to Section 1094.5 of the Code of Civil Procedure within 30 days of the date of the final order of the secretary or county agricultural commissioner. (f) The secretary shall be entitled to receive reimbursement from any organic operation or person that is found in violation of this chapter for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in the enforcement of this chapter. (g) The secretary shall use all funds received pursuant to this section in accordance with Section 46007. (h) A civil penalty levied by the secretary pursuant to this section may be recovered in a civil action brought in the name of the state. A civil penalty levied by a county agricultural commissioner pursuant to this section may be recovered in a civil action brought in the name of the county. After the exhaustion of the review procedures provided in this section, a county agricultural commissioner, or their representative, may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty and, if applicable, a copy of any order that denies a petition for a writ of administrative mandamus with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. (i) The secretary shall maintain in a central location, and make publicly available for inspection and copying upon request, a list of all civil penalties levied by the secretary and by each county agricultural commissioner within the past five years, including the amount of each penalty, the person against whom the penalty was levied, and the nature of the violation. Copies of this list shall also be available by mail, upon written request and payment of a reasonable fee, as set by the secretary. (Amended by Stats. 2024, Ch. 456, Sec. 9. (SB 1117) Effective January 1, 2025.)
  101. 46018.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    The secretary and county agricultural commissioners may run announced or unannounced spot inspections to check compliance with this act.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46018.1. The secretary and the county agricultural commissioners may conduct a program of announced and unannounced spot inspections to determine compliance with this act. (Amended by Stats. 2024, Ch. 456, Sec. 10. (SB 1117) Effective January 1, 2025.)
  102. 46018.2.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A county district attorney may file an enforcement action for this act and the NOP when the county agricultural commissioner asks.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46018.2. At the request of a county agricultural commissioner, the district attorney for that county may bring an action to enforce this act and the NOP within the enforcement jurisdiction of that commissioner. (Added by Stats. 2002, Ch. 533, Sec. 29. Effective January 1, 2003.)
  103. 4602.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [4601 - 4603] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    “Association” means a nonprofit corporation that is organized under state law and conducts a citrus fruit fair.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [4601 - 4603] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 4602. “Association” means a nonprofit corporation organized and existing under the laws of this state for the purpose of and which engages in conducting and carrying on a citrus fruit fair. (Enacted by Stats. 1967, Ch. 15.)
  104. 46020.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A person must not sell, offer for sale, advertise, or label a product in violation of this organic foods provision.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46020. (a) It is unlawful for a person to sell, offer for sale, advertise, or label any product in violation of this act. (b) Notwithstanding subdivision (a), a person engaged in business as a handler, distributor, or retailer of food who in good faith sells, offers for sale, labels, or advertises any product in reliance on the representations of a producer, processor, or other distributor that the product may be sold as organic, shall not be found to violate this act unless the handler, distributor, or retailer either: (1) Knew or should have known that the product could not be sold as organic. (2) Was engaged in producing or processing the product. (3) Prescribed or specified the manner in which the product was produced or processed. (Amended by Stats. 2024, Ch. 456, Sec. 11. (SB 1117) Effective January 1, 2025.)
  105. 46021.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A person must not certify products in violation of this act, or certify products or companies as organic unless registered as a certification agency.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46021. (a) It is unlawful for a person to certify a product in violation of this act. (b) It is unlawful for a person to certify a product or company as organic unless duly registered as a certification agency pursuant to this act. (c) It is unlawful for a person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, in registration for a certification agency pursuant to this act. (d) In accordance with Section 205.100(c)(2) of Title 7 of the Code of Federal Regulations, a person who makes a false statement to the secretary, a governing state official, or an accredited certifying agent shall be subject to Section 1001 of Title 18 of the United States Code. (Amended by Stats. 2024, Ch. 456, Sec. 12. (SB 1117) Effective January 1, 2025.)
  106. 46022.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    A person may not sell, advertise, label, or otherwise represent a product as organic unless duly registered, and may not make false statements or knowingly omit required facts in that registration.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46022. (a) It is unlawful for a person to sell, advertise, label, or otherwise represent any product as organic unless duly registered pursuant to Section 46013.1. (b) It is unlawful for a person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, in registration pursuant to Section 46013.1. (Amended by Stats. 2024, Ch. 456, Sec. 13. (SB 1117) Effective January 1, 2025.)
  107. 46023.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records required by Section 46028.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46023. It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Section 46028. (Added by Stats. 2002, Ch. 533, Sec. 33. Effective January 1, 2003.)
  108. 46024.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

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    This section makes several acts unlawful in organic food contexts, including false claims about certain chemicals, refusing inspection, mislabeling organic products, altering registration or certification documents, falsifying documents, removing hold/order notices, and using the term “transitional organic” in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46024. (a) It is unlawful for any person to advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be used in connection with the production, processing, or distribution of products sold as organic if that fertilizer or pesticide chemical contains a prohibited material. (b) It is unlawful for any person to refuse to submit for inspection. (c) It is unlawful for any person to mislabel any organic product. (d) It is unlawful for any person to alter any organic registration form. (e) It is unlawful for any person to alter any certification document. (f) It is unlawful for any person to falsify any document. (g) It is unlawful for any person to remove a hold off sale or disposal order from any lot of product. (h) It is unlawful to use the term “transitional organic” in this state. (Added by Stats. 2002, Ch. 533, Sec. 34. Effective January 1, 2003.)
  109. 46027.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

    Verify source ↗

    Food or products may not be advertised or labeled as “organic when available,” “better than organic,” or with wording that leaves doubt about whether they are organic.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46027. No food or product shall be advertised or labeled as “organic when available,” or “better than organic,” or use terminology that leaves in doubt whether the food or product being sold is organic. (Amended by Stats. 2024, Ch. 456, Sec. 14. (SB 1117) Effective January 1, 2025.)
  110. 46028.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

    Verify source ↗

    People who produce, handle, or sell products marketed as organic must keep accurate, specific records.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46028. All persons who produce, handle, or retail products that are sold as organic shall keep accurate and specific records as required by the secretary in consultation with the California Organic Products Advisory Committee and as required by the National Organic Program. (Amended by Stats. 2024, Ch. 456, Sec. 15. (SB 1117) Effective January 1, 2025.)
  111. 46029.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. )

    Verify source ↗

    Organic producers, handlers, processors, and retailers must let specified officials inspect required records immediately and provide copies within 72 hours on request.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Organic Foods [46000 - 46029] ( Chapter 10 added by Stats. 1990, Ch. 1262, Sec. 2.5. ) ## 46029. (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for inspection by, and shall upon request, within 72 hours of the request, provide a copy to, the secretary, the Attorney General, any prosecuting attorney, any governmental agency responsible for enforcing laws related to the production or handling of products sold as organic, of any record required to be kept under this section for purposes of carrying out this act. Records acquired pursuant to this act shall not be public records as that term is defined in Section 7920.530 of the Government Code and shall not be subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (b) Upon written request of any person that establishes cause for the request, the secretary shall obtain and provide to the requesting party within 10 working days of the request a copy of any of the following records required to be kept under this act that pertain to a specific product sold or offered for sale, and that identify substances applied, administered, or added to that product, except that financial information about an operation or transaction, information regarding the quantity of a substance administered or applied, the date of each administration or application, information regarding the identity of suppliers or customers, and the quantity or price of supplies purchased or products sold shall be removed before disclosure and shall not be released to any person other than persons and agencies authorized to acquire records under subdivision (a): (1) Records of a producer, as described in Section 46028. (2) Records of a handler, as described in Section 46028, records of previous handlers, if any, and producers as described in Section 46028 without identifying the previous handlers or producers, and, if applicable, records obtained as required in this act. (3) (A) Records of a retailer, as described in Section 46028, records of previous handlers, if any, and producers as described in Section 46028 without identifying the previous processors, handlers, or producers, and, if applicable, records obtained as required in subdivision (d). This subdivision shall be the exclusive means of public access to records required to be kept by producers, processors, handlers, and retailers under this act. (B) A person required to provide records pursuant to a request under this subdivision, may petition the secretary to deny the request based on a finding that the request is of a frivolous or harassing nature. The secretary may, upon the issuance of this finding, waive the information production requirements of this subdivision for the specific request for information that was the subject of the petition. (c) Information specified in subdivision (b) that is required to be released upon request shall not be considered a “trade secret” under Section 110165, Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code). (d) The secretary may charge the person requesting records a reasonable fee to reimburse the secretary or the source of the records for the cost of reproducing the records requested. (e) The secretary shall not be required to obtain records not in the secretary’s possession in response to a subpoena. Prior to releasing records required to be kept pursuant to this act in response to a subpoena, the secretary shall delete any information regarding the identity of suppliers or customers and the quantity or price of supplies purchased or products sold. (Amended by Stats. 2021, Ch. 615, Sec. 128. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  112. 4603.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [4601 - 4603] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “citrus fruit fair” and limits the term to fairs that meet listed duration, exhibition, and purpose requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions [4601 - 4603] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 4603. “Citrus fruit fair” means any citrus fruit fair or citrus fruit fair and exposition which satisfies all of the following requirements: (a) Has been conducted and carried on by an association for not less than four or more than 15 consecutive days during each calendar year for a period of not less than 20 consecutive years. (b) Citrus fruits are exhibited for prizes and premiums at the fair. The fair has for its purpose the promotion and encouragement of the citrus fruit industry of this state. (Amended by Stats. 1993, Ch. 207, Sec. 2. Effective July 26, 1993.)
  113. 461.

    ## 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 3. Surveys and Investigations [461 - 462] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may survey or investigate certain farms, nurseries, orchards, vineyards, commodities, appliances, or other premises in the state where pests or diseases may be present, and the director and county agricultural commissioner must consult when joint responsibilities apply.

    ## 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 3. Surveys and Investigations [461 - 462] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 461. The department may conduct surveys or investigations of any nursery, orchard, vineyard, agricultural commodity, agricultural appliance, farm, or other premises within the state liable to be infested or infected with any pest as defined in Section 5006 or disease, including any infectious, transmissible, and contagious diseases of livestock and poultry, for the purpose of detecting the presence of, or determining the status of, the pest or disease. The director and the county agricultural commissioner shall consult concerning these surveys or investigations and in the conduct or implementation of any control or eradication activity when the provisions of this code provide joint responsibilities in connection with the pest or disease. (Amended by Stats. 1982, Ch. 529, Sec. 1.)
  114. 462.

    ## 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 3. Surveys and Investigations [461 - 462] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may enter into agreements for research on methods for agricultural commodities to qualify for foreign markets.

    ## 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 3. Surveys and Investigations [461 - 462] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 462. The director may enter into an agreement with one or more organizations representing growers, shippers, manufacturers of agricultural commodities, nonprofit trade associations whose members market agricultural commodities, federal or state marketing order boards, and state commissions which are organized pursuant to this code, operate in California, and actively engage in the marketing of agricultural commodities, whereby research will be conducted by public or private agencies to determine methods, techniques, or criteria for agricultural commodities to qualify for entrance into foreign markets. The agreement shall specify that the state will provide up to 50 percent of the funds necessary for the research and the other parties to the agreement will provide an amount equal to or greater than that provided by the state. State funds shall be available for expenditure for the purposes of this section upon appropriation therefor in the Budget Act or other statute. (Amended by Stats. 1987, Ch. 1152, Sec. 1.)
  115. 47.

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

    Verify source ↗

    This section says “shall” means mandatory and “may” means permissive.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 47. “Shall” is mandatory, and “may” is permissive. (Enacted by Stats. 1967, Ch. 15.)
  116. 47000.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. )

    Verify source ↗

    The Legislature states that direct marketing of agricultural products should be supported and expanded.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47000. The Legislature finds and declares all of the following with regard to the direct marketing of agricultural products: (a) Direct marketing of agricultural products benefits the agricultural community and the consumer by, among other things, providing an alternative method for growers to sell their products while benefiting the consumer by supplying quality produce at reasonable prices. (b) Direct marketing is a good public relations tool for the agricultural industry that brings the farmer face-to-face with consumers and other end users. (c) The direct marketing potential of a wide variety of California-produced agricultural products should be maximized and encouraged. (d) Farm stands allow farmers to sell fresh produce and eggs grown on their farm as well as other food products made with ingredients produced on or near the farm, thus enhancing their income and the local economy. (e) The permitting, regulating, and operating of certified farmers’ markets provide the essential core and foundation for the creation and operation of additional nonagricultural vending activities that are ancillary but contiguous to the certified farmers’ market, thereby providing a larger community event amenity for business districts and additional revenue for the operators of certified farmers’ markets. (f) The department should maintain a direct marketing program and encourage the sale and purchase of California-grown fresh produce and other California-produced agricultural products. (g) It is the intent of the state to promote the purchase and consumption of California-grown produce and to promote access to California-produced agricultural products. Restaurants and nonprofit organizations can assist in bringing California-grown products to all Californians. (h) A regulatory scheme should be developed that provides the flexibility that will make direct marketing a viable marketing system. (i) The department should assist producers in organizing certified farmers’ markets, field retail stands, farm stands, community-supported agriculture, and other forms of direct marketing by providing technical advice on marketing methods and in complying with the regulations that affect direct marketing programs. (j) The department is encouraged to establish an ad hoc advisory committee to assist the department in establishing regulations affecting direct marketing of products and to advise the secretary in all matters pertaining to direct marketing. (Amended by Stats. 2014, Ch. 579, Sec. 3. (AB 1871) Effective January 1, 2015.)
  117. 47000.5.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. )

    Verify source ↗

    This section defines key terms used in the chapter, including “agricultural product,” “practice of the agricultural arts,” and “producer.”

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47000.5. The following definitions apply to this chapter, unless otherwise specified: (a) (1) “Agricultural product” means a fresh or processed product produced in California, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, unprocessed bees wax, propolis, royal jelly, flowers, grains, nursery stock, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including shellfish that is produced under controlled conditions in waters located in California. (2) Products that are characterized as services, arts, crafts, bakery, candies, soaps, balms, perfumes, cosmetics, pottery, clothing, fabrics, pastas, compost, fertilizers, candles, ceramics, foraged foods, and types of wares are not agricultural products for purposes of this chapter. A product that combines an agricultural product with a nonagricultural product or service in a manner that materially increases the purchase price of the product shall disqualify the product from being sold as an agricultural product for purposes of this chapter. (b) “Practice of the agricultural arts” means the undertaking of being predominantly responsible for the decisions and actions encompassing the various phases of producing an agricultural product. The practice of the agricultural arts for fruit, floral, nut, vegetable, and other plant products includes directive or actual responsibility for all the actions of planting, growing, fertilizing, irrigating, cultivating, pest control, and harvesting. The practice of the agricultural arts for agricultural animal products includes directive or actual responsibility for a substantial time of the raising, feeding, veterinary care, and product harvesting. (c) “Producer” means a person, partnership, corporation, or an otherwise legally formed farm or ranch that produces agricultural products by the practice of the agricultural arts upon land that the person or entity owns, rents, leases, sharecrops, or otherwise controls and has the documented legal right to possession. A person or entity that rents, leases, or otherwise acquires the right to possession of property essentially only for or limited to the period of the harvest season of the agricultural products produced on that property shall not be considered a producer under the provisions of this chapter. (Amended by Stats. 2016, Ch. 384, Sec. 1. (AB 2324) Effective January 1, 2017.)
  118. 47001.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. )

    Verify source ↗

    The secretary may adopt regulations for direct marketing of California agricultural products, and a certified farmers’ market operator may request certain inspections from a county agricultural commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47001. (a) The secretary may adopt regulations to encourage the direct sale by farmers to the public of all types of California agricultural products. It is the intent of the Legislature that, in adopting those regulations, the secretary shall endeavor to keep costs incurred by farmers and certified farmers’ market operators to a minimum, recognizing that any administrative costs imposed on farmers and certified farmers’ market operators are generally passed on in the form of increased prices to the public, thus economically benefiting neither the public nor the farmer. (b) In accordance with the intent expressed in subdivision (a), the secretary may adopt regulations clarifying the provisions of this chapter, including the adoption of regulations for maintaining the quality and wholesomeness of the products offered for sale and promoting and fostering honest selling activities for those products. (c) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, registrations, and assistance pertaining to direct marketing producers and outlets. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs exclusive of the costs of certification and minimum inspections required pursuant to Section 47020. (d) Upon reasonable suspicion of a violation of Section 890, a certified farmers’ market operator may contract with a county agricultural commissioner for a special onsite field or storage verification inspection of a direct marketing producer selling in a certified farmers’ market operated and controlled by the operator. All contracts and contract fees are subject to the discretion of the county agricultural commissioner in the county where the verification inspections are being requested. (Amended by Stats. 2016, Ch. 384, Sec. 2. (AB 2324) Effective January 1, 2017.)
  119. 47002.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. )

    Verify source ↗

    Registered or certified California direct marketing farmers may sell their own California-grown fresh fruits, nuts, and vegetables directly to the public, and may be exempt from certain size, pack, container, and labeling rules if the section’s conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47002. California farmers registered or certified pursuant to this chapter as direct marketing producers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce, directly to the public, and shall be exempt from size, standard pack, container, and labeling requirements at an outlet or location operated by an individual, organization, or entity that is regulated pursuant to this chapter or is recognized by a regulation adopted pursuant to Section 47001 and is otherwise authorized by local ordinances, subject to the following conditions: (a) All fresh fruits, nuts, and vegetables sold shall comply with the California Code of Regulations governing maturity and quality. (b) No exemption granted by this section supersedes the provisions of federal marketing orders, state marketing orders, or any health and safety laws, regulations, or ordinances. (c) All fresh fruits, nuts, and vegetables sold in closed consumer containers shall be labeled with the name, address, and ZIP Code of the producer, and a declaration of identity and net quantity of the commodity in the package. (d) If a farmer selling produce pursuant to this section implements any exemption to size, standard pack, container, or labeling requirements as provided by this section, those sales may only be conducted as direct sales to any of the following: (1) Consumers who are end users. (2) Individuals, organizations, or entities that subsequently sell the produce directly to end users. (3) Individuals, organizations, or entities that distribute the produce directly to end users at no cost to those end users. (e) A farmer selling produce under paragraph (2) or (3) of subdivision (d) shall provide the individual, organization, or entity a memorandum that lists the identity of the producer, the address of the producer, and the identity and quantity of the produce purchased. A bill of sale or a container label including this information shall meet the requirements of this subdivision. (Amended by Stats. 2014, Ch. 579, Sec. 6. (AB 1871) Effective January 1, 2015.)
  120. 47003.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. )

    Verify source ↗

    The secretary may set qualifications for people selling products directly to the public when the sales use an exemption under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1. General Provisions [47000 - 47003] ( Article 1 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47003. The secretary may establish qualifications for persons selling products directly to the public whenever the sales involve the use of any exemption granted by this chapter. Certified farmers’ markets and other direct marketing outlets and distributors may likewise be subject to qualifications. (Amended by Stats. 2008, Ch. 447, Sec. 4. Effective January 1, 2009.)
  121. 47004.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. )

    Verify source ↗

    Certified farmers’ market operators must set up a clearly marked area, keep participation records, and submit quarterly reports, while vendors and producers must follow sales, labeling, and anti-resale rules.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. ) ## 47004. (a) Certified farmers’ markets are California agricultural product point-of-sale locations that are registered under the provisions of Section 47020 and operated in accordance with this chapter and regulations adopted pursuant to this chapter. (b) The operator of a certified farmers’ market shall establish a clearly defined marketing area where only agricultural products may be sold. Only the producer or the lawful authorized representative of the producer may sell agricultural products within the area defined as a certified farmers’ market. Sales of agricultural products purchased from another individual or entity shall not occur within a certified farmers’ market, and an agricultural product producer or product dealer shall not sell his or her agricultural products to another individual or entity with the understanding or knowledge that the products are intended to be resold in a certified farmers’ market in violation of this chapter or the regulations adopted pursuant to this chapter. Every producer selling within a certified farmers’ market shall comply with Section 47020. (c) All vendors of agricultural products selling within a certified farmers’ market shall do all of the following: (1) Post a conspicuous sign or banner at the point of sale that states the name of the farm or ranch, the county where the farm or ranch maintains the production grounds that produced the products being offered for sale is located, and a statement that “We Grew What We Are Selling” or “We Raised What We Are Selling” or “We Grow What We Sell” or similar phrases that clearly represent that the farm or ranch is only selling agricultural products that they themselves have grown or raised on California land that they possess or control. Product sales by different farms at the same vendor stand shall separate the products from each farm or ranch and correspondingly post the required sign or banner in direct relationship with the sales display of the products produced by each farm. (2) Ensure that all processed agricultural products that they offer for sale state in a clear manner by package label, container label, or bulk sales signage that they consist only, with the exception of incidental flavorings and necessary preservatives, of agricultural products grown or raised by the farm or ranch selling them, the farm or ranch name, and the city where the farm or ranch is located. In addition, every processed product shall identify on a package label, container label, or on bulk sales signage the registration number or other identity reference of the facility where the food was processed, or another required labeling statement or information, in accordance with Sections 110460, 114365, and 114365.2 of the Health and Safety Code, or, in the case of meat or poultry products, the identity of the facility where the meat or poultry products were cut and wrapped, in accordance with the applicable United States Department of Agriculture or State of California inspection standards, or, in the case of dairy products, the identity of the facility where the dairy products were manufactured or processed. (3) Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. (d) The representations required pursuant to subdivision (c) shall be subject to the provisions and penalties specified in Section 890. (e) An operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market shall not allow the sale or distribution of fresh whole fruits, nuts, vegetables, cultivated mushrooms, herbs, and flowers by vendors selling within those sales activity or vending event or marketing areas. (f) The operator of a certified farmers’ market shall keep an accurate participation record of the individual direct marketing producers whose agricultural products were presented for sale in their market each market day. The operators shall submit to the department a quarterly report of the registration numbers and participation frequency of the direct marketing producers whose agricultural products were presented for sale in the operator’s market during that past quarter. The department shall create and maintain online capability for reporting. (g) Operators of certified farmers’ markets may establish rules and procedures that are more restrictive and stringent than state laws or regulations governing or implementing this chapter, so long as the rules and procedures are not in conflict with state laws or regulations. (h) Except for certified farmers’ markets operated by government agencies, nonprofit entities and other qualified operators of certified farmers’ markets shall be considered private entities and may take actions, adopt rules, and impose requirements they deem necessary for the proper and honest operation of their market, subject to the application of any state or other laws. Government agency operators of certified farmers’ markets are subject to applicable state laws, the regulations and laws of the governing agency, and other laws governing the conduct and actions they may take as a governmental entity. (Amended by Stats. 2015, Ch. 374, Sec. 5. (AB 862) Effective January 1, 2016.)
  122. 47005.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. )

    Verify source ↗

    An enforcing officer may enter and inspect covered places or conveyances linked to a certified producer’s certificate, if the officer has jurisdiction.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. ) ## 47005. An enforcing officer may enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped, transported, or sold pertaining to a certified producer’s certificate over which they have jurisdiction. (Added by Stats. 2001, Ch. 373, Sec. 3. Effective January 1, 2002.)
  123. 47005.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. )

    Verify source ↗

    An enforcing officer may inspect products, containers, and equipment, and may take representative samples for compliance checks.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. ) ## 47005.1. An enforcing officer may inspect all products, containers, and equipment found in any place or conveyance to determine compliance with this chapter or the regulations adopted thereunder. The enforcing officer may also take representatives samples of products and containers, which may be subject to any method of inspection or testing as deemed necessary. (Added by Stats. 2001, Ch. 373, Sec. 4. Effective January 1, 2002.)
  124. 47005.2.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. )

    Verify source ↗

    An enforcing officer may seize and hold products or shipment items as evidence in certain cases.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. ) ## 47005.2. An enforcing officer may seize and hold as evidence all or any part of any container, pack, load, bulk lot, consignment or shipment of products which is packed, delivered for shipment, loaded, shipped, transported, or sold to secure the conviction of the party the enforcing officer knows or believes has violated or is violating any provision of this chapter or the regulations adopted thereunder. (Added by Stats. 2001, Ch. 373, Sec. 5. Effective January 1, 2002.)
  125. 47005.3.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. )

    Verify source ↗

    Evidence seized under this chapter or its regulations by an enforcing officer in one county may be admitted in a case brought by another county.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. ) ## 47005.3. Any evidence that is seized under the authority of this chapter or the regulations adopted thereunder by an enforcing officer in any county may be admitted into evidence in any action taken by any other county. (Added by Stats. 2001, Ch. 373, Sec. 6. Effective January 1, 2002.)
  126. 47005.4.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. )

    Verify source ↗

    A certified farmers’ market operator may create and keep additional information, and may require vendors to provide additional information as a condition of selling in the market.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.5. Certified Farmers’ Markets [47004 - 47005.4] ( Heading of Article 1.5 added by Stats. 2008, Ch. 447, Sec. 5. ) ## 47005.4. Nothing in this chapter shall be interpreted to preclude the creation and keeping of additional information that a certified farmers’ market operator may endeavor itself to create and keep, or to contractually require a vendor to provide additional information as a condition to selling in the operator’s farmers’ market. (Added by Stats. 2016, Ch. 384, Sec. 3. (AB 2324) Effective January 1, 2017.)
  127. 47007.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. )

    Verify source ↗

    This section defines a certified mobile farmers’ market and requires its operators to meet product, labeling, recordkeeping, organic-signage, permit, and fee-compliance rules.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. ) ## 47007. (a) A “certified mobile farmers’ market” means a mobile food facility, as defined in Section 113831 of the Health and Safety Code, that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals operated by a California producer, a local government agency, or a nonprofit organization that is incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered under the provisions of Section 47008 and operated in accordance with this chapter and regulations adopted pursuant to this chapter. (b) Certified mobile farmers’ market operators shall comply with all of the following: (1) Sell or distribute agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5, produced by a California producer with a valid certified producer’s certificate. (2) Obtain from each producer an itemized list of all products purchased in accordance with subdivision (e) of Section 47002. (3) Ensure that all processed agricultural products being sold comply with the requirements set forth in Section 113735 of the Health and Safety Code, and the applicable provisions of Section 110460, 114365, or 114365.2 of the Health and Safety Code. (4) Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farm’s name, physical address, and telephone number. (5) Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. (c) The representations required pursuant to subdivision (b) shall be subject to the provisions and penalties specified in Section 890. (d) This article shall not be construed to remove the responsibility of a certified mobile farmers’ market from obtaining all required permits, registrations, certificates, and licenses, including, but not limited to, a produce dealer license, a mobile food facility permit, a processed food permit, a cannery license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from the State Department of Public Health or local jurisdiction, or from complying with the requirements of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) and local jurisdictions, including payment of all applicable fees. (Added by Stats. 2024, Ch. 915, Sec. 2. (AB 2786) Effective January 1, 2025.)
  128. 47007.5.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. )

    Verify source ↗

    Enforcing officers may enter, inspect, sample, and seize certain products and records connected to certified mobile farmers’ markets within their jurisdiction.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. ) ## 47007.5. (a) An enforcing officer may enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped, transported, or sold pertaining to a certified mobile farmers’ market over which they have jurisdiction. (b) An enforcing officer may inspect all documentation, products, containers, and equipment found in any place or conveyance to determine compliance with this chapter or the regulations adopted thereunder. The enforcing officer may also take representative samples of products and containers, which may be subject to any method of inspection or testing as deemed necessary. (c) An enforcing officer may seize and hold as evidence all or any part of any container, pack, load, bulk lot, consignment, or shipment of products that is packed, delivered for shipment, loaded, shipped, transported, or sold to secure the conviction of the party the enforcing officer knows, or believes, has violated, or is violating, this chapter or the regulations adopted thereunder. (d) Any evidence that is seized by an enforcing officer in any county under the authority of this chapter or the regulations adopted thereunder, may be admitted into evidence in any action taken by any other county. (e) This chapter does not preclude the creation and keeping of additional information that a certified mobile farmers’ market operator may endeavor itself to create and keep, or contractually require a vendor to provide additional information as a condition to selling in an operator’s certified mobile farmers’ market. (Added by Stats. 2025, Ch. 198, Sec. 3. (AB 1505) Effective January 1, 2026.)
  129. 47008.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. )

    Verify source ↗

    An operator of a certified mobile farmers’ market must register annually with the department.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. ) ## 47008. An operator of a certified mobile farmers’ market shall register annually with the department as a certified mobile farmers’ market, which shall include all of the following: (a) A statement specifying the location from where the agricultural products are sourced, including a certified farmers’ market or a certified producer with a valid certified producers’ certificate. (b) A schedule of point-of-sale locations and expected sales intervals. (c) All other required permitting related to the mobile food facility. (Added by Stats. 2024, Ch. 915, Sec. 2. (AB 2786) Effective January 1, 2025.)
  130. 47009.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. )

    Verify source ↗

    The secretary must set the annual registration fee for certified mobile farmers’ markets by regulation, based on actual processing cost, and the fee cannot exceed $200 per year.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 1.6. Certified Mobile Farmers’ Markets [47007 - 47009] ( Article 1.6 added by Stats. 2024, Ch. 915, Sec. 2. ) ## 47009. (a) The fee for, or the fee for amendment to, the annual registration of a certified mobile farmers’ market shall be set by regulation enacted by the secretary that is reflective of the actual cost of the processing of registration or amendment to the registration, but in no event shall either fee exceed two hundred dollars ($200) annually. (b) Fees collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used by the department for the administration of this article. (c) The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal regulations concerning the fee pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following: (1) Indicate that the regulations are adopted, amended, or repealed pursuant to this chapter. (2) State that the order is being transmitted for filing. (3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations. (Added by Stats. 2024, Ch. 915, Sec. 2. (AB 2786) Effective January 1, 2025.)
  131. 4701.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Powers and Duties [4701 - 4703] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

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    A qualifying citrus fruit fair association has the same power as a district agricultural association to build, maintain, and run recreational and cultural facilities of general public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Powers and Duties [4701 - 4703] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 4701. An association that conducts and carries on any citrus fruit fair that is eligible to receive apportionments pursuant to this division: (a) Has the same power as a district agricultural association to construct, maintain, and operate recreational and cultural facilities of general public interest. (b) Is an instrumentality of the state for the purposes mentioned in subdivision (a) and in Section 4603. (Amended by Stats. 2024, Ch. 559, Sec. 71. (AB 2143) Effective January 1, 2025.)
  132. 47010.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 2. Certified Farmers’ Market Advisory Committee [47010 - 47013] ( Article 2 added by Stats. 1996, Ch. 606, Sec. 1.5. )

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    The secretary must establish the Certified Farmers’ Market Advisory Committee, and the committee must meet, have 14 members and alternates, and may appoint officers and adopt meeting rules.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 2. Certified Farmers’ Market Advisory Committee [47010 - 47013] ( Article 2 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47010. (a) The secretary shall establish a committee that shall be known as the Certified Farmers’ Market Advisory Committee. The primary goals of the committee shall be all of the following: (1) Promote the demand and consumption of agricultural products purchased directly from producers at certified farmers’ markets. (2) Ensure that existing and future certified farmers’ markets are primarily maintained for the benefit of the producers selling their products within those markets. (3) Ensure that honest and fair marketing of products occurs within certified farmers’ markets and within an ancillary vending activity under the operation and control of a certified farmers’ market operator. (b) The committee shall be composed of 14 members and their alternates. The secretary shall endeavor to appoint six members and their alternates who shall be producers or representatives of agricultural organizations that represent producers, six members and their alternates who shall be certified farmers’ market operators or representatives of the operator, one public member, and one member and his or her alternate who shall be a county agricultural commissioner. An alternate member shall serve at a committee meeting only in the absence of, and shall have the same powers and duties as, the member for whom he or she is designated as alternate. All appointees shall serve two-year terms or at the pleasure of the secretary. Members appointed to fill vacancies shall serve the remainder of the term. (c) The secretary shall make an effort to include members who represent geographical diversity and diverse agricultural products. (d) The committee shall meet at the request of the secretary. It shall meet at least once each year. (e) The committee may appoint its own officers, including a chairperson, a vice chairperson, a secretary, and any other officers it deems necessary. The committee may adopt rules that it deems are necessary for the conduct of its meetings and functions to carry out the objectives of this chapter. (Amended by Stats. 2014, Ch. 579, Sec. 10. (AB 1871) Effective January 1, 2015.)
  133. 47011.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 2. Certified Farmers’ Market Advisory Committee [47010 - 47013] ( Article 2 added by Stats. 1996, Ch. 606, Sec. 1.5. )

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    The Certified Farmers’ Market Advisory Committee advises the secretary on direct marketing matters for certified farmers’ markets and may make recommendations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 2. Certified Farmers’ Market Advisory Committee [47010 - 47013] ( Article 2 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47011. The Certified Farmers’ Market Advisory Committee shall be advisory to the secretary on matters pertaining to direct marketing of agricultural products at certified farmers’ markets and may make recommendations, including, but not limited to, the following: (a) The amendment, repeal, or adoption of legislation and regulations that relate to the primary goals stated in subdivision (a) of Section 47010. (b) Administrative policies and procedures that relate to the primary goals stated in subdivision (a) of Section 47010, including the inspection of producers and certified farmers’ markets. (c) Administrative civil penalties for violations of certified farmers’ market laws and regulations. (d) Program and enforcement fees collected pursuant to Section 47021. (e) Statewide review of certified farmers’ market promotion and enforcement actions. (f) The annual budget of the department’s certified farmers’ market program to carry out the goals and purposes of this chapter. (g) Alternative strategies for certification and investigation methodology, and methods for industry self-regulation and commission formation. (Amended by Stats. 2014, Ch. 579, Sec. 11. (AB 1871) Effective January 1, 2015.)
  134. 47013.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 2. Certified Farmers’ Market Advisory Committee [47010 - 47013] ( Article 2 added by Stats. 1996, Ch. 606, Sec. 1.5. )

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    Committee members and alternates serve without compensation, but the department may reimburse their travel expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 2. Certified Farmers’ Market Advisory Committee [47010 - 47013] ( Article 2 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47013. The members of the committee and any alternate shall serve without compensation, but may be reimbursed by the department for travel expenses incurred in the performance of their duties. (Amended by Stats. 1999, Ch. 833, Sec. 8. Effective January 1, 2000.)
  135. 4702.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Powers and Duties [4701 - 4703] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

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    When one of these associations dissolves, its property, after outstanding debts are paid, escheats to the state.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Powers and Duties [4701 - 4703] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 4702. Upon dissolution of any such association, all of its property, after payment of outstanding debts, shall escheat to the state. (Enacted by Stats. 1967, Ch. 15.)
  136. 47020.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3. Certificates [47020 - 47021] ( Article 3 added by Stats. 1996, Ch. 606, Sec. 1.5. )

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    Operators of certified farmers’ markets and certain producers must register and obtain certificates from the county agricultural commissioner before operating or selling, and certificates are renewable annually.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3. Certificates [47020 - 47021] ( Article 3 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47020. (a) An operator of a certified farmers’ market shall register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the certified farmers’ market is located. The application shall include the times and location of the farmers’ market, the name and contact information for the operator of the farmers’ market, and the agent for service of process for the operator. Upon approval of an application, the county agricultural commissioner shall issue to the operator a certified farmers’ market certificate. (b) A certified farmers’ market certificate issued by a county agricultural commissioner shall be valid for up to 12 months from the date of issue, and may be renewed annually thereafter. The county agricultural commissioner shall inspect every certified farmers’ market within the commissioner’s jurisdiction at least once for every six months of operation. At the time of application or renewal, the county agricultural commissioner shall provide a schedule of fees that reflects an estimate of expenses for inspections and may charge a certification and inspection fee equal to the actual expenses incurred. (c) (1) (A) Before selling at a certified farmers’ market, a producer shall register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located. The application shall include a declaration by the producer that the producer is knowledgeable of and intends to produce in accordance with good agricultural practices, as outlined in the Small Farm Food Safety Guidelines published by the department. Upon approval of an application, the county agricultural commissioner shall issue to the producer a certified producer’s certificate. (B) A declaration made pursuant to subparagraph (A) shall not be used to infer that the producer is not required to comply with other state or federal laws relative to food safety and good agricultural practices. (2) As part of obtaining or renewing a certified producer’s certificate, a producer farming fruit, vegetables, nuts, herbs, and similar crops shall annually submit to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public. The secretary may promulgate regulations specifying the information a producer is required to submit. (3) A certified producer’s certificate issued by a county agricultural commissioner shall be valid for up to 12 months from the date of issue and may be renewed annually thereafter. The county agricultural commissioner in each county shall perform at least one onsite inspection for all new certified producer’s certificate applicants, and may perform additional inspections as needed of the property or properties listed on the certified producer’s certificate issued in the agricultural commissioner’s county as deemed appropriate by the county agricultural commissioner to verify production of the commodities being sold at a certified farmers’ market or the existence in storage of the producer’s actual harvested production, or both, of any product being sold at a certified farmers’ market. Where practical or purposeful, verification inspections shall be made when the actual harvest or sale of the commodity in question is occurring. The county agricultural commissioner shall provide to the producer a schedule of fees that reflects an estimate of expenses for certification or inspection at the time of application or renewal or before any needed additional verification inspection, and may charge a certification and inspection fee equal to the actual expenses incurred. (d) Renewal of a certified farmers’ market certificate or certified producer’s certificate may be denied by either the department or a county agricultural commissioner if a certified farmers’ market or a producer is delinquent in the payment of the required state fee or a county certification and inspection fee or administrative civil penalty authorized pursuant to this chapter. The certificate may be eligible for renewal when all outstanding balances and associated penalties or administrative fines have been paid to the department or the respective county or counties. (Amended by Stats. 2021, Ch. 374, Sec. 3. (AB 623) Effective January 1, 2022.)
  137. 47021.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3. Certificates [47020 - 47021] ( Article 3 added by Stats. 1996, Ch. 606, Sec. 1.5. )

    Verify source ↗

    Certified farmers’ market operators must pay a quarterly fee to the department, and late payment triggers interest and a late penalty.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3. Certificates [47020 - 47021] ( Article 3 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## 47021. (a) Every operator of a certified farmers’ market shall remit to the department, within 30 days after the end of each quarter, a fee equal to the number of vendors participating and selling goods under the authority and management of the certified farmers’ market operator participating on each market day for the entire previous quarter. The fee shall be two dollars ($2) for each vendor whose products were presented for sale on each market day. A certified farmers’ market operator may directly recover all or part of the fee from the participating vendors. An operator of a certified farmers’ market located in a county with a population of less than 400,000 that allows only vendors of agricultural products produced by producers on land located in the same county as the certified farmers’ market may petition the secretary for a vendor fee of one dollar ($1). The petition shall include a statement of verification of the information upon which the petition is based by the county agricultural commissioner in the county where the certified farmers’ market is located. (b) An operator of a certified farmers’ market who fails to pay the required fee within 30 days after the end of the quarter in which it is due shall pay to the department a monthly interest charge on the unpaid balance and a late penalty charge, to be determined by the department and not to exceed the maximum amount permitted by law. (c) All fees collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund. The money generated by the imposition of the fees shall be used, upon appropriation by the Legislature, by the department to cover the reasonable costs to carry out this chapter, including all of the following actions undertaken by the department: (1) The coordination of the Certified Farmers’ Market Advisory Committee or any ad hoc direct marketing advisory committee. (2) The evaluation of county enforcement actions and assistance with regard to multiple county enforcement problems. (3) The adoption of regulations to carry out the provisions of this chapter pertaining to certified farmers’ markets. (4) Hearings from actions taken to enforce this chapter. (5) The maintenance of a current statewide listing of certified farmers’ markets locations. (6) The maintenance of a current statewide listing of producers who have been certified. (7) The dissemination to all certified farmers’ markets information regarding the suspension or revocation of any producer’s certificate and the imposition of administrative penalties. (8) Other actions, including the maintenance of special fund reserves, that are recommended by the Certified Farmers’ Market Advisory Committee or any ad hoc direct marketing advisory committee and approved by the department for purposes of carrying out this chapter pertaining to certified farmers’ markets. (9) Investigation and enforcement expenses, including expenses incurred by any county agricultural commissioner for actions conducted pursuant to this chapter. (Amended by Stats. 2014, Ch. 579, Sec. 15. (AB 1871) Effective January 1, 2015.)
  138. 47022.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    A person operating under this chapter or its regulations must not handle or sell bulk or containerized products unless they conform to the chapter or regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell any products in bulk, or in any container or subcontainer, unless such products conform to the provisions of this chapter or the regulations adopted thereunder. (Added by Stats. 2001, Ch. 373, Sec. 7. Effective January 1, 2002.)
  139. 47022.1.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    A person operating under this chapter or its regulations must not deceptively prepare, pack, place, ship, transport, or sell products.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022.1. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to deceptively prepare, pack, place, deliver for shipment, load, ship, transport, or sell any products. (Added by Stats. 2001, Ch. 373, Sec. 8. Effective January 1, 2002.)
  140. 47022.2.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    A person operating under this chapter or its regulations must not mislabel products or put false or misleading quality, grade, trademark, or trade name statements on product packaging or related placards.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022.2. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to mislabel any products, or place or have any false or misleading statement or designation of quality, grade, trademark, or trade name, on any wrapper or container, or on the label or lining of any container of any product, or on any placard that is used in connection with, or which has reference to, any products, bulk lot, bulk load, load, arrangement, or display of products. (Added by Stats. 2001, Ch. 373, Sec. 9. Effective January 1, 2002.)
  141. 47022.3.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    A person operating under this chapter or its regulations must not falsify documents or make false, deceptive, or misleading statements about product qualities or related matters.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022.3. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to falsify any documents or to make any statement, representation, or assertion orally, by public outcry, proclamation, or in writing, or by any other manner or means whatever, that concerns the quality, size, maturity, condition, or any other matter that relates to products which is false, deceptive, or misleading in any particular. (Added by Stats. 2001, Ch. 373, Sec. 10. Effective January 1, 2002.)
  142. 47022.4.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    A person acting under this chapter or its regulations must not remove or dispose of tagged products or containers, or remove the warning tag or notice, unless an enforcing officer gives a written permit or specific direction.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022.4. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to remove or dispose any products, or their containers to which any warning tag or notice has been affixed by an enforcing officer, or to remove the warning tag or notice from the place where it is affixed, except under a written permit to do so from an enforcing officer or under his or her specific direction. (Added by Stats. 2001, Ch. 373, Sec. 11. Effective January 1, 2002.)
  143. 47022.5.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    People operating under this chapter or its regulations must not refuse inspection of product containers, loads, displays, or vehicles by an enforcing officer.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022.5. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit any container, subcontainer, load, or display of products to the inspection of an enforcing officer, or to refuse to stop any vehicle which contains products for the purpose of inspection by an enforcing officer. (Added by Stats. 2001, Ch. 373, Sec. 12. Effective January 1, 2002.)
  144. 47022.6.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    A person covered by this chapter or its regulations must not refuse an enforcing officer’s inspection of property used to sell, store, or produce agricultural products.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022.6. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to refuse to submit to inspection by an enforcing officer of any property used in the sales, storage, or production of agricultural products. (Added by Stats. 2001, Ch. 373, Sec. 13. Effective January 1, 2002.)
  145. 47022.7.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. )

    Verify source ↗

    A person acting under this chapter or its regulations must not alter any specified certificate, notice, report, statement, or other document issued by an enforcing officer.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 3.5. Violations [47022 - 47022.7] ( Article 3.5 heading added by Stats. 2013, Ch. 409, Sec. 2. ) ## 47022.7. It is unlawful for any person when operating under the provisions of this chapter or the regulations adopted thereunder to alter in any respect any certified producer’s certificate, any certified farmers’ market certificate, any notice of violation, report, statement, or other document that is referred to in this chapter, which is issued by an enforcing officer. (Added by Stats. 2001, Ch. 373, Sec. 14. Effective January 1, 2002.)
  146. 47025.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 4. Enforcement [47025- 47025.] ( Heading of Article 4 amended by Stats. 2013, Ch. 409, Sec. 3. )

    Verify source ↗

    The secretary or county agricultural commissioner may impose civil penalties or suspend certification for violations, with notice, hearing, appeal, and court-enforcement procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 4. Enforcement [47025- 47025.] ( Heading of Article 4 amended by Stats. 2013, Ch. 409, Sec. 3. ) ## 47025. (a) In lieu of prosecution, but not precluding suspension or revocation of certified producer’s certificates or certified farmers’ market certificates pursuant to any other authority, the secretary or the county agricultural commissioner may impose an administrative civil penalty, suspension of certification, or both, on a person who violates this chapter or any regulation implemented pursuant to this chapter. (b) A civil penalty pursuant to this section shall be levied in proportion to the violation, measured as either “serious,” “moderate,” or “minor.” (1) “Serious” violations are repeat or intentional violations, punishable by a civil penalty of not less than four hundred one dollars ($401) and up to a maximum of one thousand dollars ($1,000) per violation. (2) “Moderate” violations are repeat violations or violations that are not intentional, punishable by a civil penalty of not less than one hundred fifty-one dollars ($151), but not more than four hundred dollars ($400) per violation. (3) “Minor” violations are violations that are procedural in nature, punishable by a civil penalty of not less than fifty dollars ($50), but not more than one hundred fifty dollars ($150) per violation. (c) Before a civil penalty or suspension is imposed pursuant to this section, the person charged with the violation shall receive written notice of the proposed action including the nature of the violation and, if applicable, the amount of the proposed civil penalty. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or if the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the commissioner’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the action proposed without a hearing. (d) If the person, upon whom the commissioner imposed a civil penalty or suspension, requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision. The following procedures apply to the appeal: (1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary. (2) The appellant and the commissioner, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner’s decision. (3) The secretary may grant oral arguments upon application made at the time written arguments are filed. (4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary. (5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision. (6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical. (7) On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision, modify the commissioner’s decision by reducing or increasing the amount of the civil penalty levied, if applicable, so that it is within the secretary’s guidelines for imposing civil penalties, or reverse the commissioner’s decision. Any civil penalty increased by the secretary shall not be higher than that proposed in the commissioner’s notice of proposed action given pursuant to subdivision (c). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the commissioner. (8) Any person who does not request a hearing with the commissioner pursuant to a civil penalty or suspension imposed under subdivision (c) may not file an appeal to the secretary pursuant to this subdivision. (9) Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (e) After the exhaustion of the appeal and review of procedures provided in this section, the commissioner, or his or her representative, may file a certified copy of a final decision of the commissioner that directs the payment of a civil penalty or provides for the imposition of a suspension, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, rendered on an appeal from the commissioner’s decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. (f) In addition to the civil penalties prescribed in subdivision (b), or a suspension imposed pursuant to this section, the appellant may be required to cover the cost of the administrative hearing unless the decision of the secretary or county agricultural commissioner is overturned. (g) “Person,” as used in this section, means any applicant for a certified producers’ certificate or certified farmers’ market certificate, producer of agricultural products, certified producer, family member or employees of a certified producer, certified farmers’ market manager, or certified farmers’ market operator engaged or involved in the direct marketing of agricultural products at a certified farmers’ market pursuant to this chapter. (Amended by Stats. 2018, Ch. 223, Sec. 1. (AB 3260) Effective January 1, 2019.)
  147. 4703.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Powers and Duties [4701 - 4703] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain association property used for citrus fruit fairs, and related recreational and cultural facilities of general public interest, is exempt from taxation.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS FRUIT FAIRS [4601 - 4703] ( Part 5 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Powers and Duties [4701 - 4703] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 4703. All property of any such association which is used exclusively in conducting citrus fruit fairs, and its recreational and cultural facilities which are of general public interest, are exempt from taxation. No affidavit need be filed to claim this exemption. (Enacted by Stats. 1967, Ch. 15.)
  148. 47030.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 5. Other Direct Marketing Outlets and Distributions [47030 - 47050] ( Article 5 added by Stats. 2008, Ch. 447, Sec. 6. )

    Verify source ↗

    Field retail stands are producer-owned and operated premises located near the point of production and established under local ordinances and land use codes.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 5. Other Direct Marketing Outlets and Distributions [47030 - 47050] ( Article 5 added by Stats. 2008, Ch. 447, Sec. 6. ) ## 47030. Field retail stands are producer-owned and operated premises located at or near the point of production established in accordance with local ordinances and land use codes. (Added by Stats. 2008, Ch. 447, Sec. 6. Effective January 1, 2009.)
  149. 47050.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 5. Other Direct Marketing Outlets and Distributions [47030 - 47050] ( Article 5 added by Stats. 2008, Ch. 447, Sec. 6. )

    Verify source ↗

    Farm stands are defined as a type of field retail stand, and agricultural products sold at a farm stand must be consistent with the chapter’s intent.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 5. Other Direct Marketing Outlets and Distributions [47030 - 47050] ( Article 5 added by Stats. 2008, Ch. 447, Sec. 6. ) ## 47050. Farm stands arefield retail stands, as defined in Section 47030, that sell or offer for sale California agricultural products grown or produced by the producer, and also sell or offer for sale nonpotentially hazardous prepackaged food products from an approved source or bottled water or soft drinks. All agricultural products, processed or otherwise, sold at a farm stand shall be consistent in manner and character with the intent of this chapter. (Added by Stats. 2008, Ch. 447, Sec. 6. Effective January 1, 2009.)
  150. 47060.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 6. Community-Supported Agriculture [47060 - 47062] ( Article 6 added by Stats. 2013, Ch. 404, Sec. 2. )

    Verify source ↗

    This section defines CSA programs, single-farm CSA programs, multi-farm CSA programs, and farm for this article.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 6. Community-Supported Agriculture [47060 - 47062] ( Article 6 added by Stats. 2013, Ch. 404, Sec. 2. ) ## 47060. For purposes of this article, the following definitions apply: (a) “Community-supported agriculture program” or “CSA program” means a program under which a registered California direct marketing producer, or a group of registered California direct marketing producers, grow food for a group of California consumer shareholders or subscribers who pledge or contract to buy a portion of the future crop, animal production, or both, of a registered California direct marketing producer or a group of registered California direct marketing producers. (b) “Single-farm community-supported agriculture program” means a program in which all delivered farm products originate from and are produced at the farm of one registered California direct marketing producer, and no more than a de minimis amount of delivered farm products originate at the farms of other registered California direct marketing producers. (c) “Multi-farm community-supported agriculture program” means a program in which all delivered farm products originate from and are produced at one or more farms of a group of registered California direct marketing producers who declare their association as a group at the time of their annual certification or by amending the annual certification during the year. (d) “Farm” means a farm operated by a registered California direct marketing producer or a group of registered California direct marketing producers. (Amended by Stats. 2014, Ch. 71, Sec. 62. (SB 1304) Effective January 1, 2015.)
  151. 47061.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 6. Community-Supported Agriculture [47060 - 47062] ( Article 6 added by Stats. 2013, Ch. 404, Sec. 2. )

    Verify source ↗

    Certain community-supported agriculture producers must register, label boxes, keep boxes uncontaminated, notify consumers of item origins, keep records, follow shell egg and processed food labeling rules, and get required permits and licenses.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 6. Community-Supported Agriculture [47060 - 47062] ( Article 6 added by Stats. 2013, Ch. 404, Sec. 2. ) ## 47061. (a) A producer that markets whole produce, shell eggs, or processed foods through a single-farm community-supported agriculture program or multi-farm community-supported agriculture program shall comply with all of the following: (1) Register annually with the department as a California direct marketing producer, which shall include both of the following: (A) A statement specifying whether the producer is part of a single-farm community-supported agriculture program or multi-farm community-supported agriculture program. (B) (i) A declaration by the producer that he or she is knowledgeable and intends to produce in accordance with good agricultural practices, as outlined in the small farm food safety guidelines published by the department. (ii) A declaration made pursuant to this subparagraph shall not be used to infer that the producer is not required to comply with any other state or federal laws relative to food safety and good agricultural practices. (2) Label the consumer box or container used to deliver farm products to the consumer with the name and address of the farm delivering the box or container. (3) Maintain the consumer boxes or containers in a condition that prevents contamination. (4) Inform consumers, either by including a printed list in the consumer box or container or by delivering a list electronically to the consumer, of the farm of origin of each item in the consumer box or container. (5) Maintain records that document the contents and origin of all of the items included in each consumer box or container, in accordance with department regulations. (6) Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farm’s name, physical address, and telephone number. (b) A registered California direct marketing producer that is in compliance with this section and in good standing shall be deemed an approved source, as defined in Section 113735 of the Health and Safety Code. (c) A potentially hazardous food, as defined in Section 113871 of the Health and Safety Code, shall not be included in a consumer box distributed pursuant to this article unless that food has been produced, processed, and handled pursuant to all applicable federal, state, and local food safety requirements. (d) Poultry and rabbit meat produced pursuant to Part 2 (commencing with Section 25401) of Division 12, and other meats produced pursuant to Chapter 4.1 (commencing with Section 18940) of Part 3 of Division 9, that are marketed under this chapter shall comply with handling requirements established in the small farm food safety guidelines published by the department, as described in paragraph (2) of subdivision (b) of Section 47062. (e) An enforcement officer, as defined in Section 113774 of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) may enter into and inspect a community-supported agriculture program in response to a public food safety complaint. The enforcement officer may recover reasonable costs associated with that inspection from the registered California direct marketing producer operating the community-supported agriculture program. (f) Nothing in this section shall be construed to remove the responsibility of a community-supported agriculture program from obtaining all required permits and licenses, including, but not limited to, a produce handler license or a cottage food permit. (Amended by Stats. 2014, Ch. 71, Sec. 63. (SB 1304) Effective January 1, 2015.)
  152. 47062.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 6. Community-Supported Agriculture [47060 - 47062] ( Article 6 added by Stats. 2013, Ch. 404, Sec. 2. )

    Verify source ↗

    The secretary sets the annual registration fee for registered California direct marketing producers by regulation, but the fee cannot be more than $100 per year.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10.5. Direct Marketing [47000 - 47062] ( Chapter 10.5 added by Stats. 1996, Ch. 606, Sec. 1.5. ) ## ARTICLE 6. Community-Supported Agriculture [47060 - 47062] ( Article 6 added by Stats. 2013, Ch. 404, Sec. 2. ) ## 47062. (a) The fee for, or the fee for amendment to, the annual registration of a registered California direct marketing producer shall be set by regulation enacted by the secretary that is reflective of the actual cost of the processing of registration or amendment to the registration, but in no event shall either fee exceed one hundred dollars ($100) annually. (b) Fees collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used by the department for the administration of this article. Administration of this article shall include all of the following: (1) Create and maintain a registration system for California direct marketing producers. (2) In consultation with the State Department of Public Health and local health officers or designees, publish, periodically update, and post on the Department of Food and Agriculture’s Internet Web site small farm food safety guidelines on, but not limited to, safe production, processing, and handling of both nonpotentially hazardous and potentially hazardous foods. (3) Coordination expenses incurred relative to meetings of any ad hoc direct marketing advisory committee established by the secretary. (c) All or part of the annual registration fee shall be waived if fees are paid by a California direct marketing producer to the department for registration or certification under any other program under the purview of this chapter. (d) The provisions of this article shall be complied with regardless of any waiver of fees granted. (e) The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal regulations concerning the fee pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall contain all of the following: (1) Indicate that the regulations are adopted, amended, or repealed pursuant to this chapter. (2) State that the order is being transmitted for filing. (3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations. (Added by Stats. 2013, Ch. 404, Sec. 2. (AB 224) Effective January 1, 2014.)
  153. 48000.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. )

    Verify source ↗

    This section says California citrus handling and marketing are matters of public interest and that this chapter is intended to protect the industry and public health and welfare.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. ) ## 48000. The handling and marketing of California citrus is affected with the public interest. The provisions of this chapter are enacted for the protection of the industry and for the purposes of protecting the health and general welfare of the people of this state. (Amended by Stats. 2005, Ch. 180, Sec. 1. Effective September 6, 2005.)
  154. 48001.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. )

    Verify source ↗

    This section creates the California Citrus Advisory Committee and sets out how it is staffed, appointed, paid, and managed.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. ) ## 48001. (a) There is in the department the California Citrus Advisory Committee. (b) The committee shall be comprised as follows: (1) Eight producers. (A) Five producer members shall be engaged in the production of navel or Valencia oranges; four of which shall be engaged in the production of navel or Valencia oranges in the San Joaquin Valley, and two of the four members shall be engaged in the production of navel or Valencia oranges in Tulare County. (B) Two producer members shall be engaged in the production of lemons, one of which is engaged in the production of lemons in Ventura County. (C) One of the members shall be engaged in the production of mandarin citrus. (2) Four handlers, which have their principal place of business located in one of the following counties: Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara, Tulare, and Ventura. (A) Two handler members shall be located in the San Joaquin Valley. (B) One handler member shall be engaged in the handling of lemons in Ventura County. (c) The committee shall be appointed by the secretary from nominations submitted to the secretary by members of the navel orange, Valencia orange, lemon, and mandarin citrus industries group. (d) Committee members may be compensated for reasonable expenses actually incurred in the performance of their duties, as determined by the committee and concurred in by the secretary. (e) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of three committee members. (f) The committee shall appoint a chairperson, one or more vice chairpersons, and any other officers it deems necessary. (g) The committee shall develop and make recommendations to the secretary on all matters regarding the implementation of this chapter including: (1) The assessment rate as specified in Section 48002. (2) Procedures for implementing an inspection program that shall include, but not be limited to, the following: (A) Mandatory hold for inspection prior to shipping, following a citrus freeze. (B) The minimum number of inspections to be conducted, and the duration of each inspection period. (C) The minimum number of samples to be taken. (D) Statistical analysis of compliance levels and determination of an acceptable level of compliance. (E) Documentation of inspection data including the number of inspectors, number of inspections performed, and budget information relating to expenses of personnel, mileage, and overhead costs. (F) Monitoring and postevaluation of program effectiveness by the secretary. (G) Development of a single memorandum of understanding between the department and all county agricultural commissioners for the counties specified in subdivision (b). (3) Determinations as to which counties have met the inspection requirements. (4) Procedures for implementing a state crop estimating and acreage survey. (h) The secretary shall accept the recommendations of the committee if he or she determines that the recommendations are practicable and in the interest of the industry and the public. The secretary shall provide the committee within 30 days of receipt of the recommendations with a written statement of reasons if he or she does not accept any of the recommendations. (Amended by Stats. 2010, Ch. 365, Sec. 1. (AB 1795) Effective January 1, 2011.)
  155. 48002.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. )

    Verify source ↗

    Producers of specified fresh-market citrus in listed counties must pay an assessment, and the first handler must collect and remit it to the department each month.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. ) ## 48002. (a) In addition to any other assessment, fees, or charges that may be required pursuant to this code, producers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties grown in this state and prepared for fresh market in the Counties of Fresno, Kern, Madera, Orange, Riverside, San Bernardino, Santa Clara, Tulare, and Ventura shall pay an assessment that shall not exceed 11 mills ($0.011) per carton for navel oranges, 5 mills ($0.005) per carton for lemons, and 6 mills ($0.006) per carton for Valencia oranges and mandarin citrus. The assessment shall be: (1) Commencing April 1, 2011, recommended annually by the committee and submitted to the secretary for approval in amounts not to exceed those specified above. (2) Based on the number of 40-pound carton equivalents produced. (3) Used to reimburse agricultural commissioners, pursuant to a contract between the department and the commissioners, in the counties specified in this section, who meet the requirements of the inspection program as determined by the committee and concurred in by the secretary. (4) Used to establish a reserve to fund the frost inspection program. The reserve amount shall be determined by the committee. (5) Used to fund a program within the department to provide the industry with a state crop estimating service and an acreage survey. (6) Collected from the producer by the first handler. For the purposes of this chapter, “producer” means a grower of navel oranges, Valencia oranges, lemons, or mandarin citrus and “handler” means a person or entity who receives navel oranges, Valencia oranges, lemons, or mandarin citrus from a producer and who prepares the oranges, lemons, or mandarin citrus for fresh market. If a producer prepares the oranges, lemons, or mandarin citrus for market, the producer shall be deemed the handler. (7) Remitted to the department by the first handler, along with an assessment form, at the end of each month during the marketing season. (8) Deposited in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1. (b) In no case shall: (1) The total amount reimbursed to all counties exceed the total amount collected from the producers in all counties, unless reserve moneys are required for the frost inspection program. However, the authorized expenditures shall not exceed the combined total of reserve moneys and revenue received in that fiscal year. (2) The reimbursement to any county exceed the amount approved by the committee and concurred in by the secretary. (c) If the inspection program is terminated and there are insufficient funds to cover the cost of terminating the inspection program, the assessment shall continue until all those costs are recovered. (d) The committee may recommend to the secretary an assessment less than the amount specified in subdivision (a) or that no assessment be collected from growers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties if no inspection program or crop survey exists for that particular orange or citrus variety. If no assessment is collected from an orange or citrus variety that has a representative on the committee, the secretary may designate a representative to the committee from an orange or citrus variety that is assessed. (e) The adoption, amendment, or repeal of assessment rates pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal the regulations concerning assessment rates pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following: (1) Indicate that the regulations are being adopted, amended, or repealed pursuant to this chapter. (2) State that the order is being transmitted for filing. (3) Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations. (Amended by Stats. 2010, Ch. 365, Sec. 2. (AB 1795) Effective January 1, 2011.)
  156. 48002.5.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. )

    Verify source ↗

    This section defines “carton” and “mandarin citrus” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. ) ## 48002.5. For purposes of this chapter, the following definitions apply: (a) “Carton” means a unit equivalent to 40 pounds of citrus fruit. (b) “Mandarin citrus” means mandarins, including tangerines and mandarin hybrids. (Amended by Stats. 2010, Ch. 365, Sec. 3. (AB 1795) Effective January 1, 2011.)
  157. 48003.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. )

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    Handlers must pay assessments and inspection fees, and late payment triggers a 10% penalty plus 1.5% monthly interest. Handlers may not refuse to collect or remit the assessments or charge producers an administrative fee. Producers disputing an assessment may file a claim with the secretary, but cannot sue a handler over the assessment or required deduction.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Navel and Valencia Oranges [48000 - 48003] ( Chapter 11 added by Stats. 1994, Ch. 1048, Sec. 2. ) ## 48003. (a) Every person acting as a handler of commodities subject to this chapter shall be personally liable for the payment of assessments and inspection fees. Any handler who fails to file the required assessment form or pay an assessment or inspection fee by the last day of the month immediately following the month in which the commodities were received shall pay to the secretary a penalty of 10 percent of the assessment, inspection fee, or the sum of both the assessment fee and the inspection fee, owed and, in addition, 1.5 percent interest per month on the unpaid balance. (b) It shall be unlawful for a handler to refuse to collect the assessments or remit the assessments and the proper forms required by this chapter. (c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment. (d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence. (e) A producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer. (Amended by Stats. 2016, Ch. 260, Sec. 4. (AB 1894) Effective January 1, 2017.)
  158. 481.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The department may cooperate with federal or other state officials on certain pest or disease investigations outside California if the Governor approves, and it may make cooperative agreements with USDA for avian influenza prevention and control.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 481. (a) The department may, with the approval of the Governor, cooperate with officials of the United States Department of Agriculture or with officials of other states in the conduct of pest or disease investigations outside of this state in the interest of the protection of the agricultural industry of this state from any pest or disease which is not generally distributed in this state. (b) The department may enter into cooperative agreements with the United States Department of Agriculture to carry out a program for the prevention and control of avian influenza. The department shall, in accordance with the Administrative Procedure Act, adopt any regulations necessary to implement program requirements set out in the agreement. (Amended by Stats. 2011, Ch. 296, Sec. 104. (AB 1023) Effective January 1, 2012.)
  159. 482.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director may enter into cooperative agreements with specified people and public bodies to fight infectious disease or pests, and to administer and enforce the code.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 482. (a) The director may enter into cooperative agreements with individuals, associations, boards of supervisors, and with departments, divisions, bureaus, boards, or commissions of this state or of the United States for the purpose of eradicating, controlling, or destroying any infectious disease or pest within this state. (b) The director may enter into cooperative agreements with boards of supervisors or commissioners for the purpose of administering and enforcing this code. (c) The director may enter into cooperative agreements with boards of supervisors and commissioners for the purpose of administering and enforcing any activity, duty, or responsibility under this code in addition to those activities, duties, or responsibilities specifically designated or authorized to be carried out by the commissioners. The cooperative agreement shall provide for payment to the county or commissioner for the county’s or the commissioner’s performance under the agreement except where payment is provided for elsewhere in this code. Where this code requires the director to perform an activity, duty, or responsibility, an agreement entered into under this subdivision does not relieve the director of ultimate responsibility for that performance. (Amended by Stats. 1983, Ch. 242, Sec. 1. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  160. 483.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director may arrange collaborative services from individuals employed by the United States, the state, or a county, and may allow a reasonable fee and necessary expenses.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 483. The director may arrange for the services of any individual employed by the United States, the state, or a county on a collaborative basis and allow him a reasonable fee and necessary expenses which are incurred when serving the department in a collaborative capacity. (Enacted by Stats. 1967, Ch. 15.)
  161. 484.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may enter into cooperative agreements with U.S. departments, divisions, bureaus, boards, or commissions to help administer meat or poultry meat inspection 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 484. The director may enter into cooperative agreements with departments, divisions, bureaus, boards, or commissions of the United States for the purpose of administering meat or poultry meat inspection programs to protect the public from uninspected, adulterated, or misbranded meat and poultry meat and products thereof. (Added by Stats. 1968, Ch. 393.)
  162. 485.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may make cooperative agreements and handle certain funds for agriculture-related programs, while grant awards must be competitive where possible.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 485. (a) The secretary may enter into cooperative agreements with private entities, and with boards, bureaus, commissions, or departments of this state or of the United States, for the purpose of administering compensation, conservation, disaster assistance, economic assistance, education, environmental enhancement, indemnification, market promotion, research, and similar programs that promote and enhance agriculture. (b) Upon appropriation by the Legislature, the secretary may receive and expend federal funds and any nonstate matching funds made available to the department for the purposes specified above via grant, interagency agreement, or otherwise, and these funds shall be administered in accordance with Section 221. (c) (1) Grant awards shall be made by the department on a competitive basis established by the department wherever possible. (2) Any grant awarded on an alternative basis that is not competitive shall comply with all applicable state requirements, orders, and guidelines. (3) Decisions of the secretary relating to the award of grants shall be final. (d) Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) If the secretary expends funds or awards grants for the study of protocols for crops to meet standards for transport out of a quarantine area, the following shall apply: (1) Primary consideration shall be given to crops that are most at risk from the imposition of a quarantine and for which protocols do not currently exist, as long as the application otherwise meets reasonable scientific standards. (2) The department may consult with individuals or representatives of the agriculture industry, and academic or scientific individuals, or organizations to establish criteria and assist in the recommendation of any expenditure of funds or the award of grants. (Amended by Stats. 2003, Ch. 414, Sec. 1. Effective January 1, 2004.)
  163. 486.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may not make a cooperative agreement for agricultural inspector services with a first-class county if the county must provide year-round services, unless the 66% protection condition is met.

    ## 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 4. Intergovernmental Cooperation [481 - 486] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 486. Notwithstanding Section 482, the secretary may not enter into a cooperative agreement with a county of the first class, as defined in Section 28022 of the Government Code, for agricultural inspector services, if the cooperative agreement requires that the county provide year-round services, unless not less than 66 percent of the agricultural inspector aides not afforded protections as permanent employees employed under the cooperative agreement are afforded protections as permanent employees under the county’s civil service or other personnel system. (Amended by Stats. 2021, Ch. 381, Sec. 1. (AB 1362) Effective January 1, 2022.)
  164. 49.

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

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    This section defines “subdivision” as a subdivision of the section where the term appears, unless another section is expressly mentioned.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 49. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1967, Ch. 15.)
  165. 49000.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Office of Farm to Fork [49000 - 49002] ( Chapter 12 added by Stats. 2014, Ch. 583, Sec. 1. )

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    The Legislature states findings about inadequate access to healthy food and the need for a state office to coordinate food access efforts.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Office of Farm to Fork [49000 - 49002] ( Chapter 12 added by Stats. 2014, Ch. 583, Sec. 1. ) ## 49000. The Legislature finds and declares all of the following: (a) There are many Californians who lack adequate access to healthy food. (b) The lack of access to healthy food falls disproportionately on disadvantaged urban and rural communities. (c) These same communities also suffer from an increased rate of obesity, diabetes, and other chronic health conditions related to poor diet. (d) Facilitating access to healthy food in these communities is needed to address the gaps in the food distribution system and help mitigate the health consequences of this inadequacy. (e) There are many county, state, federal, and private organizations attempting to address this issue, but there is no state-level body charged with coordinating these activities. (f) A state-level office, charged with coordinating and facilitating food access, can increase the effectiveness of ongoing programs and ensure that efforts and funding are not duplicated. (g) The Department of Food and Agriculture is uniquely situated to administer this office because of the department’s knowledge of the agricultural industry, and its ability to bring farmers together with hunger relief organizations, partner agencies, schools, colleges, community organizations, and others to increase the availability of healthy food. (Added by Stats. 2014, Ch. 583, Sec. 1. (AB 2413) Effective January 1, 2015.)
  166. 49001.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Office of Farm to Fork [49000 - 49002] ( Chapter 12 added by Stats. 2014, Ch. 583, Sec. 1. )

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    The Office of Farm to Fork is created in the department and must carry out food-access coordination and promotion duties.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Office of Farm to Fork [49000 - 49002] ( Chapter 12 added by Stats. 2014, Ch. 583, Sec. 1. ) ## 49001. There is hereby created in the department the Office of Farm to Fork. To the extent that resources are available, this office shall work with the agricultural industry, direct marketing organizations, food policy councils, public health groups, nonprofit and philanthropic organizations, academic institutions, district agricultural associations, county, state, and federal agencies, and other organizations involved in promoting food access to increase the amount of agricultural products available to underserved communities and schools in this state. The office, under the auspices of the department, shall do all of the following: (a) Work with regional and statewide stakeholders to identify urban and rural communities that lack access to healthy food, determine current barriers to food access, and share information to encourage best practices. (b) Coordinate with other local, state, and federal agencies to promote and increase awareness of programs that promote greater food access. (c) Promote greater retail sale of healthy food in underserved communities, including promoting the acceptance of California Special Supplemental Nutritional Program for Women, Infants, and Children (WIC) and CalFresh benefits at certified farmers’ markets, encouraging the development and sustainability of local policies that support urban agriculture, increasing the number and quality of food retail outlets in inner city and rural communities, and maximizing resources in the interest of increasing food access. (d) Foster partnerships between community partners, including farmers, businesses, and nonprofit and philanthropic organizations. (e) Identify distribution barriers that affect limited food access, including, but not limited to, shortage of food retail outlets, limited store capacity, high distribution costs, and lack of capital funding opportunities, and work to overcome those barriers through the following: (1) Encouraging food hubs or other aggregation systems. (2) Coordinating institutional food procurement and buying practices. (3) Increasing access to information, technical assistance, and resources, including developing opportunities through the California Healthy Food Financing Initiative (Article 3 (commencing with Section 104660) of Chapter 2 of Part 3 of Division 103 of the Health and Safety Code) in the office of the Treasurer. (f) Identify opportunities and provide technical assistance for collaboration between farmers, regional and local food banks, partner agencies, and nonprofit charitable organizations in the gleaning, collection, and distribution of agricultural products for the purposes of reducing hunger and increasing access to healthy foods. (g) Identify informational resources and organizations to provide technical assistance on small scale and backyard farming, community gardens, and other agricultural products for residents of underserved communities. (h) Identify opportunities for collaboration with community organizations, social services, and partner agencies to provide cooking and nutrition education classes to residents of underserved communities. (i) Coordinate with school districts and representatives to do the following: (1) Provide tools to facilitate relationships between local producers and school food procurement personnel, and encourage opportunities to incorporate best purchasing practices such as Good Agricultural Practices (GAP) certification and insurance. (2) Increase the nutritional profile of foods provided in schools. (3) Increase access to nutrition education programs and information in schools. (Added by Stats. 2014, Ch. 583, Sec. 1. (AB 2413) Effective January 1, 2015.)
  167. 49002.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Office of Farm to Fork [49000 - 49002] ( Chapter 12 added by Stats. 2014, Ch. 583, Sec. 1. )

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    The section creates the Farm to Fork Account in the Department of Food and Agriculture Fund and makes money deposited in it continuously appropriated to the department.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Office of Farm to Fork [49000 - 49002] ( Chapter 12 added by Stats. 2014, Ch. 583, Sec. 1. ) ## 49002. (a) There is hereby created the Farm to Fork Account in the Department of Food and Agriculture Fund that shall consist of money made available from federal, state, industry, philanthropic, and private sources. (b) Notwithstanding Section 13340 of the Government Code, all money deposited in the Farm to Fork Account is hereby continuously appropriated to the department without regard to fiscal years to carry out the purposes of this chapter. (Added by Stats. 2014, Ch. 583, Sec. 1. (AB 2413) Effective January 1, 2015.)
  168. 49020.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 14. Local, Equitable Access to Food Program [49020 - 49021] ( Chapter 14 added by Stats. 2022, Ch. 605, Sec. 1. )

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    This section creates the LEAF grant program to expand EBT use at certified farmers’ markets and tribe-operated farmers’ markets, sets conditions on eligible grant use, and caps administrative costs at 5 percent.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 14. Local, Equitable Access to Food Program [49020 - 49021] ( Chapter 14 added by Stats. 2022, Ch. 605, Sec. 1. ) ## 49020. (a) This chapter shall be known, and may be cited as, the Local, Equitable Access to Food (LEAF) Program. (b) Upon an appropriation by the Legislature for these purposes, the Department of Food and Agriculture, with support from the State Department of Social Services, shall establish a grant program designed to expand the use of EBT acceptance systems at California certified farmers’ markets or tribe-operated farmer’s markets on Indian reservations. (c) The grant program described in subdivision (b) shall include both of the following: (1) Grants to certified farmers’ market operators or farmers’ markets operated by tribal governments on Indian reservations to expand the use of EBT acceptance systems at farmers’ markets. (A) A certified farmers’ market shall only be eligible for a grant pursuant to this paragraph if the certified farmers’ market operator is a local government, a certified producer, or a nonprofit organization. (B) A certified farmers’ market may use grant funds received pursuant to this paragraph for any activities relating to expanding the use of EBT acceptance systems at farmers’ markets, which may include, but is not limited to, any of the following: (i) Scaling and improving EBT processes at existing certified farmers’ markets. (ii) Establishing new certified farmers’ markets that accept payment via EBT cards, primarily in underserved communities, including, but not limited to, those in food deserts or with high CalFresh participation. (iii) Operational services, which may include, but is not limited to, the hiring of individuals to operate the EBT acceptance systems and programs that expand the purchasing power of customers using CalFresh benefits at farmers’ markets. A certified farmers’ market may use grant funds to contract with a third party to operate an EBT acceptance system only if the third party is a nonprofit organization that is incorporated in California. (iv) Technical assistance, which may include, but is not limited to, employing a third party nonprofit organization to provide any back-end assistance required to help make a certified farmers’ market a successful and effective EBT retailer. (v) Educational and outreach activities promoting the ability to use EBT cards at certified farmers’ markets. (C) If a certified farmers’ market uses grant funds to hire an individual, or to contract with a third party, to operate an EBT acceptance system, all of the following shall apply: (i) The person operating the EBT acceptance system shall be available at all times the certified farmers’ market is open to the public. (ii) Vendors at the farmers’ market shall not be charged a fee for the operation of an EBT acceptance system. (iii) Vendors shall be reimbursed in full for purchases made using an EBT acceptance system at least once per month. (iv) The person operating the EBT acceptance system shall be located in a central and highly visible area of the farmers’ market. (v) The person operating the EBT acceptance system shall provide a monthly report to the department with the number of EBT transactions, the amount of CalFresh benefits distributed, and the amount of CalFresh benefits redeemed for each day that the farmers’ market operates. (D) A certified farmers’ market that receives a grant pursuant to this paragraph shall annually submit a report to the department documenting the use of grant funds and demonstrating that grant funds were used to expand the use of EBT acceptance systems at the farmers’ market. (2) Grants to nonprofit organizations to provide technical assistance to certified farmers’ markets on the implementation of high-quality EBT acceptance systems. (A) A nonprofit organization shall only be eligible for a grant pursuant to this paragraph if it is incorporated in California. (B) The Department of Food and Agriculture shall issue a request for proposals and shall award a grant to one nonprofit organization for each region. The department may award grants for multiple regions to the same nonprofit organization. In selecting grant recipients, the department shall consider demonstrated expertise, capacity, and geographic proximity to certified farmers’ markets. (C) Nonprofit organizations that receive a grant pursuant to this paragraph may use grant funds to assist certified farmers’ markets in becoming authorized retailers under the CalFresh program, to request free point-of-sale terminals for certified farmers’ markets, and to advise certified farmers’ markets on best practices, including, but not limited to, practices that may help expand the purchasing power of CalFresh benefits at certified farmers’ markets, help to procure market scrip, and acquiring appropriate signage. (D) Nonprofit organizations that receive a grant pursuant to this paragraph shall use grant funds to create materials that explain the EBT transaction process and shall translate those materials into every language spoken by at least 2 percent of the state’s residents. (d) Of any appropriation made for the purposes of this chapter, the Department of Food and Agriculture and the State Department of Social Services shall not use more than 5 percent for administrative costs associated with the LEAF program. (Added by Stats. 2022, Ch. 605, Sec. 1. (SB 907) Effective January 1, 2023.)
  169. 49021.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 14. Local, Equitable Access to Food Program [49020 - 49021] ( Chapter 14 added by Stats. 2022, Ch. 605, Sec. 1. )

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    The department must submit a report to the appropriate legislative committees nine months after enough grants have been issued to evaluate the program.

    ## Food and Agricultural Code - FAC ## DIVISION 17. FRUIT, NUT, AND VEGETABLE STANDARDS [42501 - 49021] ( Division 17 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 14. Local, Equitable Access to Food Program [49020 - 49021] ( Chapter 14 added by Stats. 2022, Ch. 605, Sec. 1. ) ## 49021. Nine months after the Department of Food and Agriculture has issued sufficient grants to evaluate the program established pursuant to this chapter, the department shall submit a report to all appropriate legislative committees. The report shall include, at a minimum, all of the following: (a) The number of grants issued pursuant to paragraphs (1) and (2) of subdivision (c) of Section 49020. (b) The average amount of grant funds awarded. (c) Geographical information for grantees. (d) The number of grantees located in a food desert, as defined in Section 49015. (e) Data for the 12 months prior to the grant’s implementation, if available, and annually thereafter for all of the following metrics: (1) The total benefit dollars spent by CalFresh participants per market. (2) The average total benefit dollars spent at markets in food deserts and in areas with high CalFresh participation. (3) An estimate of the change in EBT use relative to the marketing and outreach efforts of grantees. (Added by Stats. 2022, Ch. 605, Sec. 1. (SB 907) Effective January 1, 2023.)
  170. 491.

    ## 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 4.5. Food Biotechnology Task Force [491 - 492] ( Heading of Article 4.5 renumbered from Article 5 (as added by Stats. 2000, Ch. 589, Sec. 1) by Stats. 2015, Ch. 303, Sec. 170. )

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    The section states legislative findings about biotechnology, consumer information, and the roles of federal agencies in regulating biotechnology-related products and environmental issues.

    ## 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 4.5. Food Biotechnology Task Force [491 - 492] ( Heading of Article 4.5 renumbered from Article 5 (as added by Stats. 2000, Ch. 589, Sec. 1) by Stats. 2015, Ch. 303, Sec. 170. ) ## 491. The Legislature finds and declares the following: (a) Consumers have an interest in being informed about the benefits and potential quantifiable risks to their health from products they consume. This information must be grounded in sound science, must use informative and effective communications, and shall be consistent with other production technologies. (b) As new advances in biotechnology, including transgenic plants, are developed, it is important to understand the opportunities that new technologies offer to consumers, farmers, the livestock industry, food processors, and the environment, as well as to evaluate the potential risks. (c) Under the existing regulatory framework for biotechnology, the United States Food and Drug Administration has the federal authority to assure that food and pharmaceutical development using biotechnology protects public health, the United States Environmental Protection Agency has the authority to review environmental issues including bioengineered pesticides, and the United States Department of Agriculture has the responsibility to regulate the introduction of genetically modified plants into the agricultural environment. Careful review of existing oversight responsibility helps in understanding the regulatory framework governing the approval of biotechnology products and will help clarify California’s role in the endeavor. (d) California is the leading agricultural state in the country, producing 350 commodities and farm gate revenues totaling nearly twenty-seven billion dollars ($27,000,000,000) annually, of which nearly seven billion dollars ($7,000,000,000) is exported. Support for agricultural research based in sound science, and the utilization of modern farming technologies is a key factor leading to California’s strong farm economy and its competitive edge in the world market for agricultural products. (Added by Stats. 2000, Ch. 589, Sec. 1. Effective January 1, 2001.)
  171. 492.

    ## 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 4.5. Food Biotechnology Task Force [491 - 492] ( Heading of Article 4.5 renumbered from Article 5 (as added by Stats. 2000, Ch. 589, Sec. 1) by Stats. 2015, Ch. 303, Sec. 170. )

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    This section creates the Food Biotechnology Task Force and sets out how it must operate, including consultation, appointment, funding, and evaluation duties.

    ## 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 4.5. Food Biotechnology Task Force [491 - 492] ( Heading of Article 4.5 renumbered from Article 5 (as added by Stats. 2000, Ch. 589, Sec. 1) by Stats. 2015, Ch. 303, Sec. 170. ) ## 492. (a) The Legislature hereby creates the Food Biotechnology Task Force. The task force shall be cochaired by the Secretary of California Health and Human Services, and the Secretary of the California Department of Food and Agriculture. The task force shall consult with appropriate state agencies and the University of California. The Department of Food and Agriculture shall be the lead agency. (b) An advisory committee shall be appointed by the task force to provide input on issues reviewed by the task force. The advisory committee shall consist of representatives from consumer groups, environmental organizations, farmers, ranchers, representatives from the biotechnology industry, researchers, organic farmers, food processors, retailers, and others with interests in the issues surrounding biotechnology. (c) The Department of Food and Agriculture shall make funds available to other agencies to accomplish the purposes of this article and shall contract, where appropriate, with the California Council on Science and Technology, the University of California, or other entities to review issues evaluated by the task force or support activities of the advisory committee. (d) The task force may request particular agencies to lead the effort to evaluate various factors related to food biotechnology. As funding becomes available, the task force shall evaluate factors including all of the following: (1) Definition and categorization of food biotechnology and production processes. (2) Scientific literature on the subject, and a characterization of information resources readily available to consumers. (3) Issues related to domestic and international marketing of biotechnology foods such as the handling, processing, manufacturing, distribution, labeling, and marketing of these products. (4) Potential benefits and impacts to human health, the state’s economy, and the environment accruing from food biotechnology. (5) Existing federal and state evaluation and oversight procedures. (e) An initial sum of one hundred twenty-five thousand dollars ($125,000) is hereby appropriated from the General Fund for disbursement to the Department of Food and Agriculture. It is the intent of the Legislature to make further funds available to accomplish the purposes contained in this article. (Amended by Stats. 2011, Ch. 97, Sec. 2. (AB 222) Effective January 1, 2012.)
  172. 5.

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

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    People holding office under laws repealed by this code keep those offices if the offices are continued by the code.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 5. All persons who, at the time this code goes into effect, hold office under any of the laws that are repealed by this code, which offices are continued by this code, continue to hold the offices according to their former tenure. (Enacted by Stats. 1967, Ch. 15.)
  173. 50.

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

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    This section defines certain terms used in laws: “department”/“Department of Agriculture” means “Department of Food and Agriculture,” “director”/related agriculture titles mean “Secretary of Food and Agriculture,” and “Agricultural Code” means “Food and Agricultural Code.”

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 50. Whenever the term “department” or “Department of Agriculture” appears in any law, it means the “Department of Food and Agriculture.” Whenever the term “director,” “secretary,” “Director of Agriculture,” or “Secretary of Agriculture” appears in any law, it means the “Secretary of Food and Agriculture.” Whenever the term “Agricultural Code” appears in any law, it means the “Food and Agricultural Code.” (Amended by Stats. 1993, Ch. 42, Sec. 2. Effective January 1, 1994.)
  174. 500.

    ## 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 5. Sustainable Agriculture [500 - 501] ( Article 5 added by Stats. 2000, Ch. 670, Sec. 2. )

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    This section states the Legislature’s intent that University of California programs supporting sustainable agriculture research and adoption should be adequately funded, and that their methods and materials should be incorporated into state and university 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 5. Sustainable Agriculture [500 - 501] ( Article 5 added by Stats. 2000, Ch. 670, Sec. 2. ) ## 500. Pursuant to subdivision (d) of Section 821, it is the intent of the Legislature that programs at the University of California designed to promote research on, and facilitate adoption of, sustainable agricultural practices, including, but not limited to, research, teaching, and outreach in the areas of sustainable farming systems, biologically integrated farming systems, organic agriculture, small farms, agroecology systems, biointensive integrated pest management, and biological pest control shall be adequately funded through the annual budget process to ensure the programs’ ongoing ability to respond to the needs of all sectors of California’s agricultural industry. It is the further intent of the Legislature that the sustainable agricultural practices, methods, and materials identified and developed by these programs be incorporated into appropriate programs of the state and the university to maximize the access of California farmers and ranchers to the information needed to adopt and implement these measures. (Added by Stats. 2000, Ch. 670, Sec. 2. Effective January 1, 2001.)
  175. 5001.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section says the article’s definitions control how this division is read, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5001. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Enacted by Stats. 1967, Ch. 15.)
  176. 5002.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “appliance” for this part of the code.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5002. “Appliance” means any box, tray, container, ladder, tent, vehicle, implement, or any other article which is, or may be, used in connection with the growing, harvesting, handling, or transportation of any agricultural commodity. (Enacted by Stats. 1967, Ch. 15.)
  177. 5003.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    “Crop seed” is defined as the seed or seedlike fruit of certain crops, including grain, beans, flax, beets, onions, and any other crop, whether or not it is intended for planting.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5003. “Crop seed” means the seed or seedlike fruit of grain, beans, flax, beets, onions, or any other crop, whether or not it is intended for planting purposes. (Enacted by Stats. 1967, Ch. 15.)
  178. 5004.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A plant is a “noxious weed” if it fits the definition and is designated as such by regulation; the director must not make that designation for silviculture or native plant protection if it would be detrimental to agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5004. “Noxious weed” means any species of plant that is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or destructive to agriculture, silviculture, or important native species, and difficult to control or eradicate, which the director, by regulation, designates to be a noxious weed. In determining whether or not a species shall be designated a noxious weed for the purposes of protecting silviculture or important native plant species, the director shall not make that designation if the designation will be detrimental to agriculture. (Amended by Stats. 1992, Ch. 556, Sec. 1. Effective January 1, 1993.)
  179. 5005.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    “Nursery stock” means any plant for planting, propagation, or ornamentation.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5005. “Nursery stock” means any plant for planting, propagation, or ornamentation. (Enacted by Stats. 1967, Ch. 15.)
  180. 5006.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “pest” for the code.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5006. “Pest” means any of the following things that is, or is liable to be, dangerous or detrimental to the agricultural industry of the state: (a) Any infectious, transmissible, or contagious disease of any plant, or any disorder of any plant which manifests symptoms or behavior which the director, after investigation and hearing, finds and determines is characteristic of an infectious, transmissible, or contagious disease. (b) Any form of animal life. (c) Any form of vegetable life. (Enacted by Stats. 1967, Ch. 15.)
  181. 5007.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Plant” includes listed plant parts and plant-related items.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5007. “Plant” includes any part of a plant, tree, plant product, shrub, vine, fruit, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit pit. (Enacted by Stats. 1967, Ch. 15.)
  182. 5008.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Shipment” means any article or thing that is, may be, or has been transported from one place to another.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5008. “Shipment” means any article or thing which is, may be, or has been transported from one place to another place. (Enacted by Stats. 1967, Ch. 15.)
  183. 5009.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “horticultural product.”

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5009. “Horticultural product” means those products as stated in Group Number 18 of the Standard Industrial Classification Manual which are grown under cover or outdoors, including bulbs, flowers, shrubbery, florist greens, fruit stock, floral products, nursery stock, ornamental plants, potted plants, roses, seed, sod, fruits, food crops grown in greenhouses, vegetables, and horticultural specialties not otherwise specified. (Added by Stats. 1985, Ch. 380, Sec. 2.)
  184. 501.

    ## 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 5. Sustainable Agriculture [500 - 501] ( Article 5 added by Stats. 2000, Ch. 670, Sec. 2. )

    Verify source ↗

    The Legislature requests that the Regents of the University of California fund and support university programs that promote sustainable agriculture, and incorporate those practices into appropriate university 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 5. Sustainable Agriculture [500 - 501] ( Article 5 added by Stats. 2000, Ch. 670, Sec. 2. ) ## 501. Pursuant to Section 500 and subdivision (d) of Section 821, the Legislature requests that the Regents of the University of California do both of the following: (a) Provide adequate and ongoing funding to programs at the University of California designed to promote research on, and facilitate adoption of, sustainable agricultural practices, including, but not limited to, research, teaching, and outreach in the areas of sustainable farming systems, biologically integrated farming systems, organic agriculture, small farms, agroecology systems, biointensive integrated pest management, and biological pest control to ensure the programs’ ongoing ability to respond to the needs of all sectors of California’s agricultural industry. (b) Fully incorporate the sustainable agricultural practices, methods, and materials identified and developed by the programs enumerated in this article into all appropriate programs of the university to ensure that California farmers and ranchers have maximum access to the information needed to adopt and implement these measures. (Added by Stats. 2000, Ch. 670, Sec. 2. Effective January 1, 2001.)
  185. 5010.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says agricultural or farm products include any horticultural product.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5010. Agricultural or farm products include any horticultural product. (Added by Stats. 1985, Ch. 380, Sec. 3.)
  186. 5011.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “crop” for pest management purposes, unless the code provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5011. Unless otherwise provided in this code, for the purposes of pest management, “crop” means a plant or animal, or a product derived from a plant or animal, that can be grown and harvested for profit or for the subsistence of humans or animals. (Added by Stats. 2003, Ch. 414, Sec. 2. Effective January 1, 2004.)
  187. 5012.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “forage” for pest management purposes unless the code provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [5001 - 5012] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5012. Unless otherwise provided in this code, for the purposes of pest management, “forage” means food for domestic or other wild animals that is taken by browsing or grazing, or food that wild or domestic animals take for themselves. (Added by Stats. 2003, Ch. 414, Sec. 3. Effective January 1, 2004.)
  188. 5021.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Unless otherwise provided, required treatment under this division is at the risk and expense of the owner, person in charge, or person in possession of the treated property.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5021. Unless otherwise provided, any treatment which may be required pursuant to this division is at the risk and at the expense of the owner or person in charge or in possession of the property which is treated at the time of treatment. (Enacted by Stats. 1967, Ch. 15.)
  189. 5022.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This provision says this division should not be read to conflict with other laws on ground squirrels or other animal pests, but if proceedings are started under this division, only this division applies to those proceedings.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5022. This division shall not be construed to conflict with any other law which provides for the extermination or control of ground squirrels or other animal pests. If any proceedings are commenced, however, pursuant to this division, this division and no other law applies to such proceedings. (Enacted by Stats. 1967, Ch. 15.)
  190. 5023.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may enter and inspect premises, plants, conveyances, or other things when necessary and within his jurisdiction.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5023. The commissioner, whenever necessary, may enter and make an inspection of any premises, plant, conveyance, or thing in his jurisdiction. (Enacted by Stats. 1967, Ch. 15.)
  191. 5024.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    During a quarantine, the secretary or commissioner must inspect certain plants or things, and the inspector may not let them cross the quarantine line unless a signed inspection and release certificate is issued.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5024. (a) The secretary or the commissioner shall, during the maintenance of any quarantine established by the secretary pursuant to Article 1 (commencing with Section 5301) of Chapter 5, inspect any plant or thing that is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest. The person who conducts the inspection shall not permit any of those plants or things to pass over the quarantine line during the quarantine, except pursuant to a certificate of inspection and release that is signed by that person. (b) Whenever the commissioner finds that a plant or thing does not, and will not, present a threat to the state, the commissioner may recommend to the secretary the waiver of, and the secretary may waive, the inspection and certification requirements specified in subdivision (a). (Amended by Stats. 1995, Ch. 214, Sec. 1. Effective January 1, 1996.)
  192. 5025.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Regents of the University of California may collect and import certain insects for pest control, subject to Section 6305, and may hire and send experts abroad for that purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5025. The Regents of the University of California may collect and, subject to the provisions of Section 6305, import into this state from foreign countries, parasitic and predaceous insects for use in the control of insect pests of horticultural and agricultural crops and of livestock. The regents may, for this purpose, employ and send abroad experts who shall be allowed, in addition to their compensation, their necessary subsistence, traveling, and other expenses incidental to the performance of their duties. (Enacted by Stats. 1967, Ch. 15.)
  193. 5025.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must study whether an Exotic Pest Research Containment Facility should be established and must report its findings and recommendations to the Legislature by January 1, 1992.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5025.5. (a) The department, in consultation with the University of California, the United States Department of Agriculture, and members of the scientific community with expertise in exotic pest managment, shall conduct a study on the desirability and feasibility of establishing an Exotic Pest Research Containment Facility, which shall, as a primary function, conduct exotic pest research and perform additional activities with respect to the administration, training, service, and diagnostics relating to exotic pests. The research of the facility shall emphasize flexibility and adaptability to accommodate technological advances and research into new exotic pest problem areas. The study shall include, but not be limited to, the following: (1) The availability of funding for the facility from federal, state, local, and private sources. (2) Whether to locate the facility within or outside of California. (3) Protocol for access to and operation of the facility. (b) The department shall report its findings and recommendations to the Legislature, not later than January 1, 1992. (Added by Stats. 1990, Ch. 721, Sec. 2.)
  194. 5026.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may overrule a local agency’s ordinance or regulation if it would block or hinder an eradication effort, but only under specified emergency conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5026. (a) The director may overrule a local agency’s ordinance or regulation where that ordinance or regulation would prevent or inhibit an eradication effort. The director may act under this section only when the Governor has declared a state of emergency relating to the eradication effort and the effect of the local ordinance or regulation will be to threaten agriculture on a statewide basis, to materially interfere with the ability of the director or the commissioner to eradicate a pest, or where the pest is of such a nature that it could rapidly spread to other areas beyond the boundaries of the local agency. (b) “Local agency” means any public agency, other than a state agency, board, or commission and includes, but is not limited to, cities (chartered or otherwise), counties, and special districts. (Added by Stats. 1982, Ch. 1531, Sec. 1.)
  195. 5027.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A violation of any provision in this division is a misdemeanor unless another provision expressly says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5027. Unless otherwise expressly provided, a violation of any provision of this division is a misdemeanor. (Added by Stats. 1982, Ch. 899, Sec. 1. Effective September 13, 1982.)
  196. 5028.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who intentionally violate quarantine laws or regulations can face civil liability and criminal or civil penalties; some violations can also trigger a civil sum of up to $25,000 per act.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5028. (a) Any person who intentionally violates any state or federal quarantine law or regulation is liable civilly as provided in Sections 5310 and 5311, and subdivision (c) of this section, and is subject to criminal or civil penalties, or both, pursuant to the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7) of the Business and Professions Code. (b) Either of the following factual findings shall constitute prima facie evidence that a violation of any state or federal quarantine law or regulation pursuant to subdivision (a) is an intentional violation: (1) A violation of Section 6401 and possession of a shipment, plant, or thing that is regulated by a state or federal quarantine law or regulation and that has not been inspected and released by a federal, state, or county quarantine official in either of the following circumstances: (A) The plant or thing is found concealed from view. (B) The person in possession has been found repeatedly in possession of those plants or things. (2) A combination of findings showing that a person is in possession of a shipment, plant, or thing that is regulated by a state or federal quarantine law or regulation and that was fraudulently or secretly brought into the state and the person in possession is engaged in a business or other commercial activity where a reasonable expectation exists that the person was aware of the state or federal quarantine laws or regulations. (c) Any person who negligently or intentionally violates any state or federal law or regulation, including any quarantine regulation, by importing any plant, or other article, that, by virtue of being pest or disease infested, causes an infestation of a plant, pest, or disease, or causes an existing infestation to spread beyond any quarantine boundaries, is liable civilly in a sum not to exceed twenty-five thousand dollars ($25,000) for each act that constitutes a violation of the law or regulation. (d) The Attorney General, upon request of the secretary, shall petition the superior court to impose, assess, and recover the sum imposed pursuant to subdivision (c). In determining the amount to be imposed, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation and the nature and persistence of the violation. (e) The remedy under this section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that are otherwise available to the state. (f) Any funds recovered pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for emergency pest or disease exclusion, detection, eradication, or research of agricultural plant or animal pests or diseases. These funds may be allocated to cover costs related to the enforcement of this division. These funds are in addition to any funds appropriated for those purposes pursuant to Section 224. (Amended by Stats. 1995, Ch. 157, Sec. 1. Effective January 1, 1996.)
  197. 5029.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must create and carry out an emergency pesticide information program, in consultation with the State Department of Health Services.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [5021 - 5029] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5029. (a) The department, in consultation with the State Department of Health Services, shall design and implement a program to provide information to persons who reside in areas scheduled to be treated with pesticides on an emergency basis in order to eradicate plant pests. (b) The purpose of this program is to provide information about the health effects of the pesticides used in eradication projects. The program shall be designed to provide the greatest amount of information practicable to affected citizens. The department shall conduct outreach efforts to inform the public about the existence of this program. (Amended by Stats. 2004, Ch. 193, Sec. 24. Effective January 1, 2005.)
  198. 5030.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [5030 - 5035] ( Article 3 added by Stats. 1993, Ch. 806, Sec. 1. )

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    Certain people dealing in shipments of plant material must make proof of ownership available for inspection on request, and the director or commissioner may ask a peace officer to stop a vehicle for inspection when they have probable cause.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [5030 - 5035] ( Article 3 added by Stats. 1993, Ch. 806, Sec. 1. ) ## 5030. Upon probable cause to believe a person buying, selling, or transporting a shipment of plant material intended to be marketed for commercial purposes is in violation of this division, proof of ownership of the plant material shall be made available for inspection upon request of the director, the commissioner, or any peace officer. If the director or the commissioner has probable cause to believe that a person is in unlawful possession of any shipment of plant material, he or she may request a peace officer to stop the vehicle for inspection. The record of proof of ownership shall contain the following information: (a) The name, address, telephone number, and signature of the seller or the seller’s authorized representative. (b) The name, address, and telephone number of the buyer, or consignee if the commodity has not been sold. (c) The common or generic name and quantity of the commodity. (d) The name of the country, state, or territory where the commodity was grown. (Added by Stats. 1993, Ch. 806, Sec. 1. Effective January 1, 1994.)
  199. 5031.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [5030 - 5035] ( Article 3 added by Stats. 1993, Ch. 806, Sec. 1. )

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    A person must not knowingly falsify or misrepresent information in a record used to prove ownership.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [5030 - 5035] ( Article 3 added by Stats. 1993, Ch. 806, Sec. 1. ) ## 5031. It is unlawful for any person to knowingly falsify, misrepresent, or cause to be falsified or misrepresented, any information in a record intended to show proof of ownership. (Added by Stats. 1993, Ch. 806, Sec. 1. Effective January 1, 1994.)
  200. 5032.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [5030 - 5035] ( Article 3 added by Stats. 1993, Ch. 806, Sec. 1. )

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    The director or commissioner may gather information, investigate suspected violations of this division, and hold a hearing to support the investigation.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Definitions and General Provisions [5001 - 5035] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Proof of Ownership [5030 - 5035] ( Article 3 added by Stats. 1993, Ch. 806, Sec. 1. ) ## 5032. The director or commissioner may compile information and make any necessary investigations relative to suspected violations of this division. The director or commissioner may call and conduct a hearing in furtherance of the investigation. (Added by Stats. 1993, Ch. 806, Sec. 1. Effective January 1, 1994.)

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