Food and Agricultural Code, 1967

## 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. ) ## 5033. The person in custody of any records containing information required pursuant to Section 5030 shall exhibit those records upon a demand therefor by the director or commissioner, as their designees, or by a peace officer. The records may include, but are not limited to, certificates of inspection or treatment, bills of sale or consignment, truck invoices, or bills of lading. (Added by Stats. 1993, Ch. 806, Sec. 1. Effective January 1, 1994.)

## 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. ) ## 5034. At the time of the hearing, the director or commissioner may take any of the following actions: (a) Administer oaths and take testimony. (b) Issue subpoenas that compel the attendance of any witness before the director or commissioner, together with the production of all relevant documents. (c) Compel disclosure by witnesses of all facts that are known to them relative to the matter under investigation. (Added by Stats. 1993, Ch. 806, Sec. 1. Effective January 1, 1994.)

## 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. ) ## 5035. Any party that disobeys any order or subpoena of the director is subject to Section 11188 of the Government Code. (Added by Stats. 1993, Ch. 806, Sec. 1. Effective January 1, 1994.)

## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 51. (a) If, in connection with the use of roads, highways, and freeways, the assistance, control, or protection by Highway Patrol officers is desired, applications by an entity engaged in agricultural production to utilize services of Highway Patrol officers in the transportation of agricultural commodities shall be made to the Commissioner of the California Highway Patrol. The commissioner may approve the application provided that employees are available and the department is fully reimbursed for additional costs incurred. (b) Applications to utilize Highway Patrol employee services shall be approved or disapproved by the Commissioner of the California Highway Patrol within 30 days of receipt of the application and shall be approved sooner, if possible. (Added by Stats. 1982, Ch. 454, Sec. 23.)

## 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 6. Farmer Equity Act of 2017 [510 - 515] ( Article 6 added by Stats. 2017, Ch. 620, Sec. 1. ) ## 510. This article shall be known, and may be cited, as the Farmer Equity Act of 2017. (Added by Stats. 2017, Ch. 620, Sec. 1. (AB 1348) Effective January 1, 2018.)

## 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 2. County Administration [5101 - 5105] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 5101. Each commissioner is an enforcing officer of all laws and regulations which relate to the prevention of the introduction into, or the spread within, the state of pests. He is, as to such activities, under the supervision of the director. (Enacted by Stats. 1967, Ch. 15.)

## 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 2. County Administration [5101 - 5105] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 5102. Each commissioner and each qualified representative of the commissioner is a state plant quarantine officer for the following purposes: (a) Certifying to the pest condition or pest treatment of shipments, if certification as a condition of movement or entry is officially required. (b) Enforcing laws and regulations which relate to plant quarantine. (Amended by Stats. 1967, Ch. 26.)

## 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 2. County Administration [5101 - 5105] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 5103. Any interested person that is aggrieved by any action or order of a commissioner may appeal in writing to the director within five days after notice of action or order if no other time limit is prescribed within which to appeal from such action or order. No appeal may be taken from any authorized summary action of the commissioner. (Enacted by Stats. 1967, Ch. 15.)

## 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 2. County Administration [5101 - 5105] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 5104. The director shall hear any appeal from an action or order of a commissioner within 10 days after the receipt of the appeal upon notice to all interested parties. His decision shall be final. (Enacted by Stats. 1967, Ch. 15.)

## 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 2. County Administration [5101 - 5105] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## 5105. Pending decision after appeal, action by the commissioner on the case under appeal shall be suspended by the director. The refusal of any commissioner to carry out the orders and directions of the director which are issued in connection with any appeal is neglect of duty. (Enacted by Stats. 1967, Ch. 15.)

## 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 6. Farmer Equity Act of 2017 [510 - 515] ( Article 6 added by Stats. 2017, Ch. 620, Sec. 1. ) ## 511. (a) The Legislature finds and declares all of the following: (1) California recognizes the importance of investing in the long-term prosperity of our food and farming system, starting with our farmers. (2) Farmers of color have historically not had equitable access to land and other resources necessary to conduct farming in California, and that legacy of prejudice persists. (3) Female farmers represent less than a quarter of all farmers in the state. Only 2 percent of California farmers are women of color, according to the United States Department of Agriculture Census of Agriculture. (4) Socially disadvantaged farmers and ranchers tend to farm fewer acres but have a greater diversity of crops in California. (5) According to the United States Department of Agriculture Census of Agriculture, on average, socially disadvantaged farmers and ranchers in California receive less in federal payments than their White counterparts and also earn less. (6) Despite the barriers, an increasing number of socially disadvantaged farmers and ranchers are attempting to farm throughout California, across rural and urban settings. (7) Existing federal agricultural policies have failed to provide sufficient and appropriate technical assistance and financial support, including farmer cooperative creation, for socially disadvantaged farmers and ranchers. (b) It is therefore the intent of the Legislature that the secretary should support socially disadvantaged farmers and ranchers and include this support in the department’s vision and its relevant policies. (Added by Stats. 2017, Ch. 620, Sec. 1. (AB 1348) Effective January 1, 2018.)

## 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 6. Farmer Equity Act of 2017 [510 - 515] ( Article 6 added by Stats. 2017, Ch. 620, Sec. 1. ) ## 512. For purposes of this article, the following terms have the following meanings: (a) “Secretary” refers to the Secretary of Food and Agriculture. (b) “Socially disadvantaged farmer or rancher” means a farmer or rancher who is a member of a socially disadvantaged group. (c) “Socially disadvantaged group” means a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. These groups include all of the following: (1) African Americans. (2) Native Indians. (3) Alaskan Natives. (4) Hispanics. (5) Asian Americans. (6) Native Hawaiians and Pacific Islanders. (d) “Urbanized area,” as used by the United States Census Bureau, refers to a population of at least 50,000 people. (Added by Stats. 2017, Ch. 620, Sec. 1. (AB 1348) Effective January 1, 2018.)

## 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 6. Farmer Equity Act of 2017 [510 - 515] ( Article 6 added by Stats. 2017, Ch. 620, Sec. 1. ) ## 514. (a) On or before January 1, 2020, the department shall submit a report to the Governor and the Legislature on efforts to serve socially disadvantaged farmers and ranchers and all female farmers and ranchers in California. The report shall include recommendations to the Governor and the Legislature on how to improve processes to include socially disadvantaged farmers and ranchers. (b) The report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2017, Ch. 620, Sec. 1. (AB 1348) Effective January 1, 2018.)

## 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 6. Farmer Equity Act of 2017 [510 - 515] ( Article 6 added by Stats. 2017, Ch. 620, Sec. 1. ) ## 515. (a) The department, in consultation with the Black, Indigenous, and People of Color (BIPOC) Producer Advisory Committee and the Small-Scale Producer Advisory Committee, shall establish the Regional Farmer Equipment and Cooperative Resources Assistance Pilot Program to provide financial and technical assistance to support regional farm equipment sharing and enhance cooperative benefits for socially disadvantaged farmers and ranchers and limited resource farmers and ranchers, with preference provided under the program in accordance with subdivision (d) of Section 93540 of the Public Resources Code. (b) Activities that are eligible for funding through the program shall include, but are not limited to, all of the following: (1) Developing and expanding equipment sharing programs for the purchase and repair of tools, equipment, and infrastructure, and that pay all or a portion of associated administrative costs, to do both of the following: (A) Support environmentally sustainable farming practices, including, but not limited to, practices that promote soil health, water conservation, wildlife and their habitat, and wildfire resilience. (B) Enhance regional food and fiber systems for socially disadvantaged farmers and ranchers and limited resource farmers and ranchers. (2) Providing technical assistance and support, including, but not limited to, any of the following: (A) Training on the use and maintenance of tools, equipment, and infrastructure. (B) Outreach to ensure direct and meaningful benefits to socially disadvantaged farmers or ranchers and limited resource farmers or ranchers. (C) Small farm tool demonstrations. (3) (A) Providing a direct grant to an entity that will assist in cooperative development for farmers. (B) The entity described in subparagraph (A) shall have relevant cooperative development expertise and shall benefit socially disadvantaged farmers or ranchers and limited resource farmers or ranchers. For purposes of this subdivision, “relevant cooperative development expertise” means the entity shall have a demonstrated record of experience in the planning, formation, and support of agricultural or rural cooperatives. (c) Entities eligible for financial assistance under the program shall include, but not be limited to, resource conservation districts, the University of California Cooperative Extension, tribes as defined in Section 90100 of the Public Resources Code, farmer cooperatives, and nonprofit organizations. (d) An application for financial assistance pursuant to paragraph (1) of subdivision (b) shall include, but not be limited to, all of the following information: (1) A description of how the applicant will operate an equipment sharing program. (2) A list and description of the tools, equipment, and infrastructure the applicant will purchase. (3) A description of the equipment sharing program, including safeguards for the long-term benefits of any tools, equipment, or infrastructure purchased, expected benefits of the equipment sharing program, and the types of farmers or ranchers the applicant aims to serve, including specific outreach that will be provided to socially disadvantaged farmers or ranchers and limited resource farmers or ranchers. (4) A description of how the equipment sharing program will be maintained after the period of the financial assistance expires. (e) The Farm Equity Advisor at the department shall ensure that the program meets the objectives of this article. (f) (1) For purposes of this section, all of the following definitions apply: (A) “Limited resource farmer or rancher” has the same definition as in Section 760.107 of Title 7 of the Code of Federal Regulations, as that section read on June 17, 2025. (B) “Program” means the Regional Farmer Equipment and Cooperative Resources Assistance Pilot Program. (2) For purposes of this section, “financial assistance” does not include a loan. (g) Subdivisions (a) to (f), inclusive, shall become operative upon the Legislature making an appropriation for purposes of the program. (h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 106, Sec. 5. (AB 149) Effective September 17, 2025. Repealed as of January 1, 2030, by its own provisions.)

## 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 7. Poultry and Livestock Diagnostic Laboratories [520 - 531] ( Heading of Article 7 renumbered from Article 6 (as added by Stats. 1982, Ch. 1536) by Stats. 1984, Ch. 144, Sec. 35. ) ## 520. “University,” as used in this article, means the University of California. (Added by Stats. 1982, Ch. 1536, Sec. 4.)

## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Field Crops [52001 - 52100] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [52001 - 52006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52001. As used in this chapter, “field crop products” includes grain crops, dry bean crops, seeds, forage crops, fiber crops, and other field crops and the manufactured products and byproducts of such field crops. (Enacted by Stats. 1967, Ch. 15.)

## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Field Crops [52001 - 52100] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [52001 - 52006] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52002. The director shall do all of the following: (a) Establish, by regulation, uniform standards for field crop products which shall conform as closely as possible to those which are established by the Secretary of the United States Department of Agriculture. (b) Establish inspection districts within the state. If such a district is established, inspection service may be rendered in it in accordance with regulations which are adopted by the director. (c) Establish, upon request, inspection stations at warehouses, docks, or industrial plants, which are within or without an established inspection district. The director may make special regulations which are applicable to each specific inspection station and the conditions under which it shall be established and maintained. (d) Provide through the regularly established inspection district and stations, sampling, grading, inspection, weighing, and certification service for field crop products within the state or which are shipped into or through the state. (e) Issue certificates as to quality, condition, and quantity of field crop or other agricultural products in accordance with standards which are established pursuant to this chapter, or any other standards which may be fixed by trade or contract and which do not conflict with official standards. (f) Adopt regulations for sampling, grading, inspection, weighing, and certification for the purposes of carrying out this chapter. (g) Fix fees for sampling, grading, inspection, weighing, and certification of field crop products, which fees in the aggregate shall pay the cost of services necessary to perform such sampling, grading, inspection, weighing, and certification. The director may collect such fees in advance of performing the services, but is not required to do so if in his opinion the benefits of such services would be lessened by such advance payments. (Amended by Stats. 1980, Ch. 790.)