Food and Agricultural Code — Part 20 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 20 of 48 · provisions 3,801–4,000

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. 5033.

    ## 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 holding records required under Section 5030 must show those records when demanded by the director, commissioner, their designees, or a peace officer.

    ## 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.)
  2. 5034.

    ## 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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    At a hearing, the director or commissioner may administer oaths, take testimony, issue subpoenas for witnesses and relevant documents, and compel witnesses to disclose facts about the matter under 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. ) ## 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.)
  3. 5035.

    ## 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 party that disobeys an order or subpoena from the director is subject to Section 11188 of the Government 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 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.)
  4. 51.

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

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    An agricultural producer must apply to the California Highway Patrol Commissioner to use Highway Patrol services for transporting agricultural commodities, and the Commissioner must decide the application within 30 days.

    ## 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.)
  5. 510.

    ## 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. )

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    This article is known, and may be cited, as the Farmer Equity Act of 2017.

    ## 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.)
  6. 5101.

    ## 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. )

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    Each commissioner must enforce pest-prevention laws and regulations and is supervised by the director for those activities.

    ## 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.)
  7. 5102.

    ## 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. )

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    Commissioners and their qualified representatives are state plant quarantine officers for shipment pest certification and enforcing plant quarantine laws and regulations.

    ## 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.)
  8. 5103.

    ## 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. )

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    An aggrieved interested person may appeal a commissioner’s action or order in writing to the director within 5 days after notice, unless another appeal period applies. No appeal is allowed from an authorized summary action of the commissioner.

    ## 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.)
  9. 5104.

    ## 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. )

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    The director must hear appeals from a commissioner’s action or order within 10 days after the appeal is received, and must give notice to all interested parties.

    ## 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.)
  10. 5105.

    ## 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. )

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    While an appeal is pending, the director must suspend action by the commissioner on the case under appeal. A commissioner must carry out the director’s appeal-related orders and directions; refusing to do so is treated as neglect of duty.

    ## 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.)
  11. 511.

    ## 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. )

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    The Legislature states that the secretary should support socially disadvantaged farmers and ranchers and include that support in the department’s vision and related policies.

    ## 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.)
  12. 512.

    ## 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. )

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    This section defines several terms used in the article, including “Secretary,” “socially disadvantaged farmer or rancher,” “socially disadvantaged group,” and “urbanized area.”

    ## 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.)
  13. 514.

    ## 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. )

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    The department must submit a report to the Governor and Legislature by January 1, 2020, and the report must include recommendations to improve how socially disadvantaged farmers and ranchers are included.

    ## 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.)
  14. 515.

    ## 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. )

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    The department must create a pilot program for farm equipment sharing and related assistance, with consultation from two advisory committees.

    ## 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.)
  15. 520.

    ## 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. )

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    In this article, “University” means the University of California.

    ## 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.)
  16. 52001.

    ## 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. )

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    This section defines “field crop products” for this chapter.

    ## 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.)
  17. 52002.

    ## 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. )

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    The director must set field crop standards, create inspection districts and stations, provide inspection-related services, issue certificates, adopt regulations, and fix fees.

    ## 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.)
  18. 52003.

    ## 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. )

    Verify source ↗

    The director may enter places where field crop products are stored, shipped, or sold to carry out this chapter.

    ## 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. ) ## 52003. The director may enter any place where field crop products are stored, shipped, or sold, for the purpose of carrying out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  19. 52004.

    ## 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. )

    Verify source ↗

    The director may break car seals for inspection and examination, then must reseal the doors and keep a record of the seals and dates.

    ## 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. ) ## 52004. The director may, for the purpose of inspection and examination, break the seals of cars and after such inspection has been made shall securely close and reseal such doors as were broken open using a special seal which is provided by the department for the purpose. A record of all original seals broken, the date when broken, a record of all seals which were substituted thereafter, and the date and number of such seals shall be made. (Enacted by Stats. 1967, Ch. 15.)
  20. 52005.

    ## 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. )

    Verify source ↗

    Railroads delivering field crop products to places with inspection service must provide suitable sidetracks and prepare cars for inspection when needed.

    ## 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. ) ## 52005. Any railroad which delivers field crop products in cars at any place which is provided with inspection service pursuant to this chapter shall provide convenient and suitable sidetracks at such place as the director may designate, on which every car of field crop products which is delivered by them shall, upon arrival, be set and conveniently arranged for inspection, if such car of field crop products is to be inspected. (Enacted by Stats. 1967, Ch. 15.)
  21. 52006.

    ## 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. )

    Verify source ↗

    The director may charge a late penalty of 1.5% per month, or part of a month, on fees owed to the department if payment is not received within 30 days after the invoice date.

    ## 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. ) ## 52006. The director may assess a penalty of 1.5 percent per month, or fraction thereof, on any fees owed to the department for services rendered under this chapter whenever payment is not received within 30 days after the date of the invoice. The penalty shall be added to the original fee. In no event shall the total penalty for any one billed service exceed 50 percent of the original amount due for that service. (Added by Stats. 1984, Ch. 996, Sec. 6.)
  22. 5201.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “certificate” as a certification about the pest condition or treatment of a shipment of plants, made by a commissioner, deputy commissioner, or inspector.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5201. As used in this chapter, “certificate” means the certification by a commissioner, deputy commissioner, or inspector of the pest condition or treatment of any shipment of plants. (Enacted by Stats. 1967, Ch. 15.)
  23. 5202.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    County boards of supervisors may set fee schedules for certificate classes that shippers request.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5202. The board of supervisors of any county may establish a schedule of fees for any or all classes of certificates to be paid by shippers that request such certificates. (Enacted by Stats. 1967, Ch. 15.)
  24. 5203.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    No fee may be charged for required plant-shipment certification when the certification is required by federal, state, or county law or regulation.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5203. No fee shall be charged for certification required by any law, regulation, or requirement of the United States or of this state or by any ordinance, regulation, or requirement of any county of this state. (Enacted by Stats. 1967, Ch. 15.)
  25. 52031.

    ## 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 2. Employees [52031- 52031.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must give a certificate to each employee authorized to grade, inspect, or weigh covered products, unless federal law already establishes standards for those products.

    ## 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 2. Employees [52031- 52031.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52031. The director shall issue to each employee who is authorized to grade, inspect, or weigh the products which are included under this chapter, except those products for which standards have been established pursuant to federal law, a certificate which shows such authority. (Amended by Stats. 1980, Ch. 790.)
  26. 5204.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The fee schedule for certificates must be based on the approximate cost of inspection.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5204. The schedule of fees for the certificates shall be based upon the approximate cost of the inspection. (Enacted by Stats. 1967, Ch. 15.)
  27. 5205.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A commissioner must make necessary inspections and issue a certificate stating the determined facts when the fee is paid, or, if no fee is set, when the shipper requests it.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5205. A commissioner shall make such inspections as may be necessary to determine the facts which are required by the state or country of intended destination and shall issue a certificate that states the facts which are determined upon receipt of the scheduled fee for a certificate or, if no scheduled fee has been established, upon request of the shipper. (Enacted by Stats. 1967, Ch. 15.)
  28. 5206.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county board of supervisors may designate a place in the county as a fumigation or treatment station when that is needed so the commissioner can inspect plant shipments for certificates.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5206. The board of supervisors of any county may designate any place within the county as a fumigation or treatment station for the purpose of enabling the commissioner to inspect plant shipments for certificates, if fumigation or other treatment is required by the state or country of destination as a condition of shipment to such state or country. (Enacted by Stats. 1967, Ch. 15.)
  29. 52061.

    ## 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 3. Inspection, Grading, Weighing, and Certification [52061 - 52063] ( Heading of Article 3 amended by Stats. 1980, Ch. 790. )

    Verify source ↗

    The director must inspect, weigh, grade, and certify field crops or other agricultural products on request, and may prescribe related regulations.

    ## 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 3. Inspection, Grading, Weighing, and Certification [52061 - 52063] ( Heading of Article 3 amended by Stats. 1980, Ch. 790. ) ## 52061. The director shall inspect, weigh, and grade upon request and certify to any interested party the quality, condition, and quantity of any field crop or other agricultural product under such regulations as he may prescribe. Certificates which are issued by authorized agents of the director are prima facie evidence of the truth of the statements which are contained in them. The presumption established by this section is a presumption affecting the burden of proof, but it does not apply in a criminal action. Such inspection shall not be made or such certificates issued by any person not specifically authorized by the director in reference to any field crop product for which state standards have been established. Any person so authorized shall comply with the regulations adopted by the director relative to the certification of field crop products. (Amended by Stats. 1980, Ch. 790.)
  30. 52063.

    ## 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 3. Inspection, Grading, Weighing, and Certification [52061 - 52063] ( Heading of Article 3 amended by Stats. 1980, Ch. 790. )

    Verify source ↗

    A person aggrieved by an authorized inspector’s grading may appeal to the director, and in some federal-law commodity cases may appeal to the Federal Grain Inspection Service.

    ## 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 3. Inspection, Grading, Weighing, and Certification [52061 - 52063] ( Heading of Article 3 amended by Stats. 1980, Ch. 790. ) ## 52063. Any person that is aggrieved by the grading by any authorized inspector of any of the products for which standards have been established pursuant to this chapter may appeal to the director in accordance with such regulations as he may establish. If the appeal pertains to a commodity for which standards have been established pursuant to federal law, the appellant may appeal to the Federal Grain Inspection Service. (Amended by Stats. 1980, Ch. 790.)
  31. 5207.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the board of supervisors designates a fumigation or treatment station, the commissioner must inspect plant shipments there for shipments to places that require fumigation or treatment.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5207. If the board of supervisors designates a place as a fumigation or treatment station, the commissioner shall inspect plant shipments at the stations, for shipment to other states or countries which require fumigation or treatment as a condition of shipment. (Enacted by Stats. 1967, Ch. 15.)
  32. 5208.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any person must not alter, deface, or wrongfully use a certificate issued under this division.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5208. It is unlawful for any person to alter, deface, or wrongfully use a certificate issued pursuant to any provision of this division. (Enacted by Stats. 1967, Ch. 15.)
  33. 5209.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Using a false or invalid certificate for certification under this chapter is a misdemeanor, and other violations can be punished as an infraction or a misdemeanor depending on the offense count and timing.

    ## 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 3. Certification of Plant Shipments [5201 - 5209] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 5209. (a) Except as provided in subdivision (b), any violation of this chapter is an infraction punishable by a fine of seventy-five dollars ($75) for the first offense and is a misdemeanor for a second or subsequent offense within three years of a prior conviction of a violation of this chapter. (b) (1) Any use by any person of a false or invalid certificate for the purpose of certification pursuant to this chapter is a misdemeanor. (2) For the purpose of this section, “false certificate” means a document, as defined in Section 5201, that has not been issued by a commissioner, deputy commissioner, or inspector. (3) For the purposes of this section, “invalid certificate” means a document, as defined in Section 5201, that is based upon false information supplied to the commissioner, deputy commissioner, or inspector which is essential to the issuance of the certificate. (Amended by Stats. 1986, Ch. 752, Sec. 1.)
  34. 52091.

    ## 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 4. Disposition of Funds [52091- 52091.] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money received under this chapter must be paid monthly into the State Treasury and credited to the Department of Agriculture Fund.

    ## 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 4. Disposition of Funds [52091- 52091.] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 52091. Any money which is received under this chapter shall be paid monthly into the State Treasury and placed to the credit of the Department of Agriculture Fund. (Enacted by Stats. 1967, Ch. 15.)
  35. 521.

    ## 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. )

    Verify source ↗

    The department is intended to contract with the Regents of the University of California to operate poultry and livestock disease laboratories under this article.

    ## 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. ) ## 521. It is the intent of the Legislature that the department contract with the Regents of the University of California to operate poultry and livestock disease laboratories pursuant to this article. The central laboratory should be located next to the facilities of the Veterinary Medical Teaching Hospital of the University of California at Davis, in order to take advantage of the expertise of the veterinary specialists. (Added by Stats. 1982, Ch. 1536, Sec. 4.)
  36. 52100.

    ## 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 6. Destruction [52100- 52100.] ( Article 6 added by Stats. 2000, Ch. 359, Sec. 1. )

    Verify source ↗

    A person who willfully and knowingly damages or destroys a qualifying field crop product is liable for twice the crop’s value.

    ## 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 6. Destruction [52100- 52100.] ( Article 6 added by Stats. 2000, Ch. 359, Sec. 1. ) ## 52100. (a) Any person who willfully and knowingly damages or destroys any field crop product, as specified in Sections 42510 and 52001, that is known by the person to be the subject of testing or a product development program being conducted by, or in conjunction or cooperation with the University of California, the California State University System, or any other federal, state, or local government agency, shall be liable for twice the value of the crop damaged or destroyed. For purposes of this subdivision, “in conjunction or cooperation with” means having a contract with the University of California, the California State University System, or any other federal, state, or local government agency involving testing or a product development program relating to that field crop product. (b) Damages available under this section shall be limited to twice actual damages involving research, testing, and crop development costs directly related to the crop that has been damaged or destroyed. (c) The rights and remedies available under this section are in addition to any other rights or remedies otherwise available in law or statute. (Added by Stats. 2000, Ch. 359, Sec. 1. Effective January 1, 2001.)
  37. 522.

    ## 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. )

    Verify source ↗

    When the Davis campus central diagnostic laboratory is ready, the director must contract to establish and operate the California Animal Health and Food Safety Laboratory, and the system must be headed by a director appointed by the Dean of the School of Veterinary Medicine.

    ## 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. ) ## 522. When a central diagnostic laboratory constructed on the Davis campus of the university is ready for occupancy, the director shall contract with the Regents of the University of California for its School of Veterinary Medicine to establish and operate the California Animal Health and Food Safety Laboratory. The system shall be headed by a director appointed by the Dean of the School of Veterinary Medicine under applicable university hiring rules. The system shall test, examine, and make diagnoses of infectious, nutritional, toxic, metabolic, and other diseases of domestic animals. (Amended by Stats. 2000, Ch. 1082, Sec. 114. Effective January 1, 2001.)
  38. 52251.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter is named the “California Seed Law.”

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52251. This chapter shall be known as the “California Seed Law.” (Enacted by Stats. 1967, Ch. 15.)
  39. 52252.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

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

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52252. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  40. 52253.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Advertisement” means non-label representations, in any form, that relate to seed covered by this chapter.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52253. “Advertisement” means representations, except those on the label, which are disseminated in any manner or by any means that relate to seed which is subject to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  41. 52254.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “agricultural seed.”

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52254. “Agricultural seed” means the seed of any domesticated grass or cereal, and of any legume or other plant that is grown as turf, cover crop, forage crop, fiber crop, or field crop, and mixtures of such seeds. It does not, however, include any variety that is generally known and sold as flower seed or vegetable seed. (Amended by Stats. 2006, Ch. 499, Sec. 3. Effective January 1, 2007.)
  42. 52254.3.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Board” means the Seed Advisory Board.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52254.3. “Board” means the Seed Advisory Board. (Amended by Stats. 1976, Ch. 1051.)
  43. 52254.4.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Certification” means certifying agricultural or vegetable seed for variety, purity, quality, type, strain, or other genetic character.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52254.4. “Certification” means to certify as to the variety, purity, quality, type, strain, or other genetic character of agricultural or vegetable seed. (Added by Stats. 1995, Ch. 715, Sec. 1. Effective January 1, 1996.)
  44. 52254.5.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Labeler” means a person whose name and address appears on the label of agricultural or vegetable seed sold or distributed within the state.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52254.5. “Labeler” means any person whose name and address appears on the label pertaining to or attached to a lot or container of agricultural or vegetable seed, or both agricultural and vegetable seed, for sale and distribution within the state. (Amended by Stats. 1976, Ch. 1051.)
  45. 52255.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “labeling” for seeds.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52255. “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompany and pertain to any seed whether the seed is in bulk or in containers, and it includes invoices. (Enacted by Stats. 1967, Ch. 15.)
  46. 52255.5.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “noncommercial seed sharing activity” and excludes patented seed from that definition.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52255.5. “Noncommercial seed sharing activity” means the receiving or giving away of seed by a noncommercial entity without the creation of a contractual obligation or an expectation to receive anything of value in return. This definition does not prohibit a noncommercial entity engaging in noncommercial seed sharing activity from receiving the progeny of the seeds it distributes to the extent that the activity does not violate the federal Plant Variety Protection Act (7 U.S.C. Sec. 2321 et seq.). Noncommercial seed sharing activity does not include receiving, storing, or distributing patented seed. (Amended by Stats. 2017, Ch. 561, Sec. 64. (AB 1516) Effective January 1, 2018.)
  47. 52256.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “noxious weed seed” and says it has two classes: prohibited noxious weed seed and restricted noxious weed seed.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52256. “Noxious weed seed” means the seed or propagule of any species of noxious weed, as defined in Section 5004. As used in this chapter, noxious weed seed are of two classes, prohibited noxious weed seed and restricted noxious weed seed, which are defined in Sections 52257 and 52258, respectively. (Amended by Stats. 1977, Ch. 328.)
  48. 52256.5.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section expands the definition of “person” to include individuals and several kinds of business organizations.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52256.5. “Person” also means any individual, partnership, corporation, trust association, cooperative association, or any other business unit or organization. (Amended by Stats. 2014, Ch. 294, Sec. 1. (AB 2470) Effective January 1, 2015.)
  49. 52257.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “prohibited noxious weed seed” and says the director must find and declare it as such under Section 52332.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52257. “Prohibited noxious weed seed” means the seed or propagule of any species of noxious weed which the director, as provided in Section 52332, finds and declares to be a prohibited noxious weed seed and which either: (1) is not known to occur, or is of limited distribution, in this state; (2) is not widely distributed throughout the state and which not only reproduce by seed, but also by underground roots or stems; or (3) is under eradication measures in this state. (Amended by Stats. 1977, Ch. 328.)
  50. 52257.5.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “conditioner” for seed law purposes.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52257.5. “Conditioner” means any person who cleans, scarifies, or blends to obtain uniform quality, or who conducts other operations which would change the purity, germination, or identity of any lot of seed, including, but not limited to, packaging, labeling, blending together of uniform lots of the same kind or variety, or the preparation of a mixture. (Amended by Stats. 1980, Ch. 790.)
  51. 52257.6.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Process” means a change or treatment of agricultural or vegetable seed that makes it no longer viable.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52257.6. “Process” means any modification of the form or nature of agricultural or vegetable seed, or any treatment of the seed, which renders it inviable. (Added by Stats. 1980, Ch. 790.)
  52. 52257.8.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Research” is defined as research on the variety, purity, quality, type, strain, or other genetic and physiological characteristics of agricultural or vegetable seed, or its production.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52257.8. “Research” means any research related to the variety, purity, quality, type, strain, or other genetic and physiological characteristics of agricultural or vegetable seed or the production thereof. (Added by Stats. 1995, Ch. 715, Sec. 2. Effective January 1, 1996.)
  53. 52258.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “restricted noxious weed seed.”

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52258. “Restricted noxious weed seed” means the seed or propagule of any species of noxious weed, the seed of which is not otherwise designated as prohibited noxious weed seed, and which the director, as provided in Section 52332, finds and declares to be a restricted noxious weed seed. (Amended by Stats. 1977, Ch. 328.)
  54. 52259.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “vegetable seed” as seed from crops that can be grown in gardens or truck farms and are generally known and sold as vegetable seed.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52259. “Vegetable seed” means the seed of any crop which is or may be grown in gardens or on truck farms and which is generally known and sold under the name of vegetable seed. (Enacted by Stats. 1967, Ch. 15.)
  55. 52260.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “weed seed.”

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52260. “Weed seed” means any noxious weed seed or vegetable seeds, and any seed that is not included in the definitions of agricultural seed, if it occurs incidentally in agricultural seed or vegetable seeds. (Amended by Stats. 2006, Ch. 499, Sec. 4. Effective January 1, 2007.)
  56. 52261.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “viability” as a description of living seeds that are capable of germinating.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52261. “Viability” means a description of living seeds which are capable of germinating. (Added by Stats. 1983, Ch. 381, Sec. 1.)
  57. 52262.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Farm” means a place of agricultural production with annual sales of agricultural products of at least $1,000.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Short Title and Definitions [52251 - 52262] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 52262. “Farm” means a place of agricultural production which has annual sales of agricultural products of one thousand dollars ($1,000) or more. (Amended by Stats. 1984, Ch. 706, Sec. 1.)
  58. 52281.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the chapter and its terms should be interpreted, as far as possible, to match the Federal Seed Act and related regulations.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52281. This chapter and the terms which are used in it shall be construed so as to conform insofar as possible with the construction which is placed upon the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.) and regulations which are issued pursuant to that act, and to effectuate its purpose to make uniform the laws of the states adopting it. (Enacted by Stats. 1967, Ch. 15.)
  59. 52282.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary, county commissioners, and the commissioner’s qualified representative must enforce this chapter and carry out its requirements; the secretary can decide which enforcement tasks the commissioner and department personnel handle.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52282. The secretary and, under the supervision and direction of the secretary, the commissioner of each county and the qualified representative of the commissioner, shall enforce this chapter and carry out its provisions and requirements. The secretary shall have the discretion to determine which enforcement activities are conducted by the commissioner in each county and which enforcement activities shall be conducted by department personnel. (Amended by Stats. 2004, Ch. 459, Sec. 1. Effective January 1, 2005.)
  60. 52283.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may cooperate with USDA and other agencies to enforce this chapter.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52283. The director may cooperate with the United States Department of Agriculture and other agencies in the enforcement of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  61. 52284.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue orders, circulars, and announcements when needed to further this chapter’s purposes.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52284. The director may issue such orders, circulars, and announcements as he may deem necessary to further the purposes of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  62. 52285.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director or commissioner finds a violation of this chapter, they may start court proceedings or send evidence to the district attorney for prosecution.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52285. If the director or the commissioner finds that any person has violated any provision of this chapter, he may institute proceedings in the court of competent jurisdiction in the area in which the violation occurred, to have such person convicted of the violation, or he may file with the district attorney with the view of prosecution such evidence as may be deemed necessary. (Enacted by Stats. 1967, Ch. 15.)
  63. 52286.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must maintain a properly equipped laboratory to examine and test seeds.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52286. The director shall maintain a properly equipped laboratory for examining and testing seeds. (Enacted by Stats. 1967, Ch. 15.)
  64. 52287.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain prohibited and restricted noxious weed seed listed in this chapter or in director-adopted regulations is recognized as noxious under the Federal Seed Act.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52287. All prohibited and restricted noxious weed seed which are enumerated in this chapter or in any regulation which is adopted by the director pursuant to this chapter are hereby recognized as noxious within the meaning of the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.). (Amended by Stats. 1977, Ch. 328.)
  65. 52288.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states the Legislature’s intent for the seed law: to help ensure seed sold to consumer-buyers is properly identified and matches the quality and amount shown on its tag or label, while also supporting industry-funded research and noncommercial seed sharing.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52288. The Legislature hereby declares all of the following: (a) It is the intent of this chapter to enable the seed industry, with the aid of the state, to ensure that seed purchased by the consumer-buyer is properly identified and of the quality and amount represented on the tag or label. (b) The success of agriculture and the seed industry in this state depends upon the continued commitment to industry-funded research in order to improve the quality and variety of seed available to the consumer-buyer. (c) Noncommercial seed sharing activity contributes significant value to the health of our communities and to the resilience of our food system. This chapter is intended to support noncommercial seed sharing activity and is not intended to supersede any provision of the California Rice Certification Act of 2000 (Chapter 4 (commencing with Section 55000) of Division 20). (Amended by Stats. 2016, Ch. 259, Sec. 2. (AB 1810) Effective January 1, 2017.)
  66. 52289.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may post information on its website about noncommercial seed sharing activity.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [52281 - 52289] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 52289. The department may post information on its Internet Web site about noncommercial seed sharing activity that includes, but is not limited to, the following: (a) Germination or varietal purity standards. (b) Compliance with the federal Plant Variety Protection Act (7 U.S.C. Sec. 2321 et seq.). (c) Best practices for entities participating in noncommercial seed sharing activities, including public disclosure. (Amended by Stats. 2017, Ch. 561, Sec. 65. (AB 1516) Effective January 1, 2018.)
  67. 52291.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    A Seed Advisory Board exists in the department with 11 members appointed by the secretary.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. ) ## 52291. There is in the department a Seed Advisory Board consisting of 11 members appointed by the secretary, seven of whom shall be labelers registered under the provisions of this chapter, two of whom shall be persons who receive or possess seed for sale in this state, and two of whom shall be members of the public. The members of the board who are labelers registered under the provisions of this chapter shall be representative of the functions of seed production, conditioning, marketing, or utilization. (Amended by Stats. 2008, Ch. 399, Sec. 1. Effective January 1, 2009.)
  68. 52291.1.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The provision says labelers on the Seed Advisory Board are meant to represent a particular agricultural industry and to serve the public interest.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. ) ## 52291.1. It is hereby declared, as a matter of legislative determination, that labelers appointed to the Seed Advisory Board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1976, Ch. 1429.)
  69. 52292.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Board members serve three-year terms, and the secretary fills board vacancies for the unexpired term.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. ) ## 52292. The term of office for each member of the board is three years. Vacancies shall be filled by the secretary for an unexpired term. (Amended by Stats. 1998, Ch. 573, Sec. 2. Effective January 1, 1999.)
  70. 52295.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Board members get no salary, but they may receive per diem under the specified rules and approvals.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. ) ## 52295. Members of the board shall receive no salary but may be allowed per diem in accordance with Department of General Services rules for attendance at meetings and other board activities authorized by the board and approved by the director. (Amended by Stats. 2016, Ch. 31, Sec. 31. (SB 836) Effective June 27, 2016.)
  71. 52296.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The board advises the secretary and may make recommendations on matters related to the chapter.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. ) ## 52296. The board shall be advisory to the secretary and may make recommendations on all matters pertaining to this chapter including, but not limited to, seed law and regulations, enforcement, seed laboratory diagnostics and annual budgets required to accomplish the purposes of this chapter. The board shall be advisory as to the scope of the program funded by industry and recommend the dollar volume assessments, which, when combined with the registration fee required by this chapter, shall provide adequate funds to support the program. (Amended by Stats. 1998, Ch. 573, Sec. 5. Effective January 1, 1999.)
  72. 52297.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The board must elect a chairman from among its members every year, and may elect other officers when it deems advisable.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. ) ## 52297. The board shall annually elect a chairman from its membership, and from time to time such other officers as it may deem advisable. (Added by Stats. 1973, Ch. 919.)
  73. 52298.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The board must meet when called by its chairman or the director, or when requested by any four board members, and it must meet at least once a year.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.5. Seed Advisory Board [52291 - 52298] ( Article 2.5 added by Stats. 1973, Ch. 919. ) ## 52298. The board shall meet at the call of its chairman or the director, or at the request of any four members of the board. The board shall meet at least once a year to review budget proposals and fiscal matters related to such proposals. (Added by Stats. 1973, Ch. 919.)
  74. 523.

    ## 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. )

    Verify source ↗

    The university must maintain enough laboratories to perform the article’s functions, with a central diagnostic laboratory on the Davis campus and branch laboratories used when they are the best option.

    ## 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. ) ## 523. The contract executed pursuant to this article shall provide that the university maintain sufficient numbers of laboratories to perform the functions contained in this article. The central diagnostic laboratory shall be established on the Davis campus of the university, and branch laboratories shall be operated as long as these services are best performed at a branch laboratory, considering the cost and quality of services. (Amended by Stats. 1992, Ch. 706, Sec. 3. Effective September 15, 1992.)
  75. 52300.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. )

    Verify source ↗

    This section defines “farmer,” “genetically engineered plant,” and “modern biotechnology” for this article.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. ) ## 52300. For purposes of this article only, the following definitions apply: (a) “Farmer” means the person responsible for planting a crop, managing the crop, and harvesting the crop from land on which a breach of contract or patent infringement is alleged to have occurred. (b) “Genetically engineered plant” means a plant or any plant part or material, including, but not limited to, seeds and pollen, in which the genetic material has been changed through modern biotechnology in a way that does not occur naturally by multiplication or natural recombination. (c) “Modern biotechnology” means the application of either of the following: (1) In vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles. (2) Fusion of cells beyond the taxonomic family that overcome natural physiological reproductive or recombinant barriers and that are not techniques used in traditional breeding and selection. (Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
  76. 52301.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. )

    Verify source ↗

    A patent holder or agent must give written notice, ask for permission, copy the secretary, and get the farmer’s written permission before entering land to take crop samples; the farmer must respond in writing within 10 days.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. ) ## 52301. (a) Before a person or his or her agent holding a patent on a genetically engineered plant, may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether breach of contract or patent infringement has occurred, the person holding the patent or his or her agent shall do all of the following: (1) Notify the farmer in writing of the allegation that breach of contract or patent infringement has occurred and request permission to enter upon the farmer’s land. (2) Provide a copy of that notification to the secretary. (3)Obtain the written permission of the farmer. (4) Provide notice to the farmer of the following procedures which shall be applicable as provided: (A) If the farmer withholds permission, the person holding a patent may petition the superior court in the county in which the alleged breach of contract or patent infringement has occurred for an order granting permission to enter upon the farmer’s land. (B) If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protective order from the superior court. The protective order shall be crafted to minimize interruption or interference with normal farming practices, including harvest and tillage. (C) The procedures described in Section 52302. (b) The farmer shall grant or deny access in writing within 10 days of receipt of a request to enter the land pursuant to subdivision (a). (Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
  77. 52302.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. )

    Verify source ↗

    If either party requests it, the secretary or designee must assist with sampling, the patentholder must pay the department’s fee, and the farmer and patent holder may attend sample collection with 24 hours’ notice.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. ) ## 52302. If requested by either party, the secretary or his or her designee shall be present for the sampling, provide for the collection of samples, or conduct any other aspect of the sampling or analysis process as requested. The secretary shall designate an employee or enter into an agreement with an employee or agent of the State of California or a third party unaffiliated with either party to carry out the specified sampling activity as provided in regulations adopted pursuant to Article 2 (commencing with Section 52251) of Division 18. The patentholder shall pay the fee charged by the department under regulations adopted pursuant to that article. The farmer or the agent of the farmer and the person holding the patent may be present at any collection of samples conducted pursuant to this article, and each shall be notified of the time and location of the sample taking at least 24 hours in advance. (Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
  78. 52303.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. )

    Verify source ↗

    Samples for analysis may be taken from a standing crop, representative standing plants in the field, or crop residue remaining in the field after harvest.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. ) ## 52303. Samples for analysis may be taken from a standing crop, from representative standing plants in the field, or from crop residue remaining in the field after harvest. (Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
  79. 52304.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. )

    Verify source ↗

    The testing party must send testing results by registered letter to all parties involved in the investigation within 30 days after the lab reports the results.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. ) ## 52304. The results of any testing conducted pursuant to this article shall be sent by registered letter by the testing party to all parties involved in the investigation within 30 days after the results are reported from the testing laboratory. (Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
  80. 52305.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. )

    Verify source ↗

    A farmer is not liable for a patented genetically engineered plant on the farmer’s property if the plant was not knowingly acquired, the farmer acted in good faith without knowing its genetically engineered nature, and the plant is present only at a de minimis level.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. ) ## 52305. A farmer shall not be liable based on the presence or possession of a patented genetically engineered plant on real property owned or occupied by the farmer when the farmer did not knowingly buy or otherwise knowingly acquire the genetically engineered plant, the farmer acted in good faith and without knowledge of the genetically engineered nature of the plant, and when the genetically engineered plant is detected at a de minimis level. The authority of a court to determine the presence of de minimis levels of a genetically engineered plant is intended solely for the purpose of assisting in adjudicating claims relating to the possession or use of a patented genetically engineered plant in which the seed labeler, patentholder, or licensee, has rights. Nothing in this section is intended to do any of the following: (a) Establish, or be used as the basis for establishing, an acceptable level at which a patented genetically engineered plant may be present. (b) Be used to alter or limit liabilities or remedies for personal injury or wrongful death. (c) Be used outside or beyond the scope or context of a legal dispute regarding genetically engineered plants. (Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
  81. 52306.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. )

    Verify source ↗

    This section says the part is severable: if one provision or its application is invalid, the rest can still stand if they can work without it.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2.6. Genetically Engineered Plants [52300 - 52306] ( Article 2.6 added by Stats. 2008, Ch. 424, Sec. 1. ) ## 52306. The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2008, Ch. 424, Sec. 1. Effective January 1, 2009.)
  82. 52311.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [52311- 52311.] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section gives exceptions from chapter penalties for certain seed-selling and shipping situations, and it preserves an order to stop further sales when seed is incorrectly labeled for germination.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [52311- 52311.] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 52311. A person is not subject to the penalties which are prescribed by this chapter in any of the following cases: (a) For selling in this state any agricultural or vegetable seed which is incorrectly labeled or represented as to kind, variety, or type, which seed cannot be identified by examination of it, unless he has failed to obtain an invoice or grower’s declaration which gives the commonly accepted name of the kind, kind and variety, or kind and type, and to take such other precautions as may be necessary to insure the identity to be that which is stated. (b) As to any matter which is required by Article 8 (commencing with Section 52451) of this chapter, for selling such seed in original unopened sealed packages which are fully labeled by another dealer, unless he has failed to have such seed retested and relabeled as to the percentage of germination within the period which is prescribed by Section 52481, or unless he has failed to correct the label after notice that such label has been found to be incorrect. (c) For shipping, delivering, transporting, or selling within this state any agricultural or vegetable seed which has a false labeling as to percentage of germination or hard seeds, unless he has first been given an opportunity by the director to be heard. This exemption does not, however, relieve any person from the obligation, upon order of an enforcement official, to stop further sale of any seed which is found to be incorrectly labeled as to germination, nor does it exempt such seed from seizure pursuant to this chapter. (Amended by Stats. 1967, Ch. 227.)
  83. 52321.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Money received by the director under this chapter must be deposited into the Department of Food and Agriculture Fund and used only for this chapter’s purposes.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. ) ## 52321. All money that is received by the director pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be expended only for the purpose of this chapter. (Amended by Stats. 1993, Ch. 277, Sec. 1. Effective January 1, 1994.)
  84. 52322.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The secretary must prepare an annual statement of operating expenditures and income for this chapter and present it to the board for review after each fiscal year ends. A copy must be provided to any interested person on request.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. ) ## 52322. The secretary shall prepare an annual statement of the operating expenditures and income related to this chapter that shall be presented to the board for review as soon as possible following the termination of any fiscal year. A copy of this statement shall be made available to any interested person upon request. (Amended by Stats. 2013, Ch. 385, Sec. 1. (SB 348) Effective January 1, 2014.)
  85. 52323.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The secretary must pay counties $120,000 each year, in arrears, as a subvention for enforcing this chapter.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. ) ## 52323. (a) The department’s cost of carrying out this chapter shall be funded from money that is received by the secretary pursuant to this chapter. The secretary shall also pay annually, in arrears, one hundred twenty thousand dollars ($120,000) to counties as an annual subvention for costs incurred in the enforcement of this chapter. The department’s costs of administering this chapter shall be paid before allocating funds to the counties under this section. (b) This section shall become inoperative on July 1, 2027, and, as of January 1, 2031, is repealed. (Amended by Stats. 2023, Ch. 128, Sec. 1. (AB 1583) Effective January 1, 2024. Inoperative July 1, 2027. Repealed as of January 1, 2031, by its own provisions.)
  86. 52324.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    This section says the county subvention program is optional, sets how annual subventions are apportioned, and states when the section becomes inoperative and is repealed.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. ) ## 52324. (a) The subvention program under Section 52323 is an optional program available to counties. The subvention to counties under Section 52323 shall be annually apportioned as follows: (1) At the discretion of the secretary and upon recommendation of the board, counties with no registered seed labelers may annually receive one hundred dollars ($100). (2) Counties with registered seed labeler operations shall receive subventions based upon enforcement activity generated by the registered seed labeler operations within the county and upon the performance of enforcement activities necessary to carry out this chapter. (b) This section shall become inoperative on July 1, 2027, and, as of January 1, 2031, is repealed. (Amended by Stats. 2023, Ch. 128, Sec. 2. (AB 1583) Effective January 1, 2024. Inoperative July 1, 2027. Repealed as of January 1, 2031, by its own provisions.)
  87. 52325.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Counties that join the subvention program must sign a cooperative agreement with the secretary and maintain the required statewide compliance level; the secretary may withhold part of a county’s funds for noncompliance and must explain any action that does not fully follow the board’s recommendation.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3.5. Funding [52321 - 52325] ( Article 3.5 added by Stats. 1973, Ch. 919. ) ## 52325. (a) Commissioners of counties that choose to participate in the subvention program shall enter into a cooperative agreement with the secretary, whereby the commissioner agrees to maintain a statewide compliance level, determined by the secretary, on all seed within the county. The cooperative agreement shall be in effect for a five-year period. The amount of the subvention designated to each individual participating county shall be established in a memorandum of understanding between the commissioner and the secretary, in consultation with the board. (b) The secretary, upon recommendation of the board or upon the secretary’s own initiative, may withhold a portion of the funds designated to a county if that county fails to meet the performance standards established by the secretary and set forth in the cooperative agreement with that county. (c) The secretary shall provide a written justification to the board for any action taken by the secretary that does not fully implement a recommendation made by the board pursuant to subdivision (b). (d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2031, is repealed. (Amended by Stats. 2023, Ch. 128, Sec. 3. (AB 1583) Effective January 1, 2024. Inoperative July 1, 2027. Repealed as of January 1, 2031, by its own provisions.)
  88. 52331.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt seed germination standards, enforcement tolerances, procedures for examining and sampling seed lots, and a reasonable fee schedule, and may allow identification examinations without charge.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 52331. The director, by regulations, shall do all of the following: (a) Adopt germination standards for vegetable seed. (b) Adopt tolerances to be applied in all enforcement procedure required by this chapter. (c) Prescribe methods of procedure in the examination of lots of any agricultural or vegetable seed, and in securing samples of such lots. (d) Establish a reasonable schedule of fees for tests, examinations, and services except those which are required for quarantine or other purposes, not directly related to the enforcement of this chapter. The schedule shall be based upon the approximate cost of the service rendered. The director may, however, provide for the examination of seeds for identification purposes without charge. (e) Adopt such other regulations as will assist in carrying out the purposes of this chapter. Every standard or tolerance which is adopted pursuant to this chapter shall be as nearly as practicable to that which is established under the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.). (Amended by Stats. 1992, Ch. 474, Sec. 1. Effective January 1, 1993.)
  89. 52332.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The secretary may adopt regulations on seed lists, weed-seed classifications, toxic substance warnings, dispute procedures, and labeling requirements.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 52332. The secretary, by regulation, may adopt all of the following: (a) A list of the plants and crops that the secretary finds are or may be grown in this state. (b) A list of the plants and crops that the secretary finds are detrimental to agriculture if they occur incidentally in other crops, and which, therefore, are classed as weed seed except if sold alone or as a specific constituent of a definite seed mixture. (c) A list of noxious weed seed that the secretary finds are prohibited noxious weed seed, as defined in this chapter. (d) A list of those noxious weed seed that are not classified as prohibited noxious weed seed and are classified by this chapter as restricted noxious weed seed. (e) A list of substances that are likely to be used for treating grain or other crop seed that the secretary finds and determines are toxic to human beings or animals if used, and an appropriate warning or caution statement for each substance. (f) (1) (A) Methods and procedures, upon the recommendation of the board, for the conciliation, mediation, or arbitration of disputes between labelers and any persons concerning conformance with label statements, advertisements, financial terms or the lack of payment by a dealer to a grower, or other disputes regarding the quality or performance of seed. The methods and procedures shall be a mandatory prerequisite to pursuing other dispute resolution mechanisms, including, but not limited to, litigation. However, if conciliation, mediation, or arbitration proceedings are commenced under this section to resolve a controversy, the statute of limitations that applies to a civil action concerning that controversy is tolled upon commencement of the conciliation, mediation, or arbitration proceedings, and until 30 days after the completion of those proceedings. As used in this subdivision, “completion of those proceedings” means the filing of a statement of agreement or nonagreement by the conciliator or mediator, or the rendering of a decision by an arbitrator or arbitration committee. (B) If a proceeding for the conciliation, mediation, or arbitration of a dispute between a dealer and a grower is commenced under this subdivision for conformance with the financial terms by a dealer to a grower, and the decision in the proceeding is in favor of the grower, the decision may include a provision requiring compensation to the grower for the estimated value of the seed production services a grower provides to a dealer, including, but not limited to, labor, care, and expense in growing and harvesting that product. (C) If a dealer fails to comply with the financial obligations of a judgment rendered in a conciliation, mediation, or arbitration proceeding between a dealer and a grower commenced pursuant to this subdivision following the conclusion of all appeals in the proceeding, the secretary may revoke the dealer’s registration and prevent the dealer from renewing his or her registration until the time the financial obligation is fulfilled. (2) Conciliation, mediation, or arbitration shall not affect any enforcement action by the secretary pursuant to this chapter. Regulations adopted by the secretary for the mandatory conciliation, mediation, or arbitration of disputes shall require that adequate notice be provided on the seed label notifying any buyer of the requirement to submit a dispute to mandatory conciliation, mediation, or arbitration as a prerequisite to other dispute resolution mechanisms, including litigation. (g) Additional labeling requirements for coated, pelleted, encapsulated, mat, tape, or any other germination medium or device used on seed in order that the purchaser or consumer will be informed as to the actual amount of seed purchased. (Amended by Stats. 2016, Ch. 86, Sec. 143. (SB 1171) Effective January 1, 2017.)
  90. 52333.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt standards by regulation and must designate certain exempt premises as origin inspected warehouses.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 52333. The director may, by regulation, adopt standards, including noxious weed seed and other pest standards, for premises from which seed shipments are exempt from the provisions of Section 6501 and shall designate such premises as origin inspected warehouses. (Added by Stats. 1968, Ch. 288.)
  91. 52334.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Only the secretary has the power to declare a plant, seed, nursery stock, or crop invasive.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [52331 - 52334] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 52334. The declaration of a plant, seed, nursery stock, or crop as invasive is a power reserved for the secretary. (Repealed and added by Stats. 2016, Ch. 340, Sec. 13. (SB 839) Effective September 13, 2016.)
  92. 52351.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Certain seed sellers must register annually with the secretary before selling agricultural or vegetable seed, unless a stated exemption applies.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52351. Every labeler of agricultural or vegetable seed offered for sale in this state, or any person, as defined in Section 52256.5, who sells that seed in this state, shall annually register with the secretary to obtain authorization to sell agricultural or vegetable seed before engaging in this activity, except any of the following: (a) An individual grower that conditions such seed exclusively for the grower’s own planting use. (b) A person using agricultural or vegetable seed, or both agricultural and vegetable seed, only for purposes of planting seed increase. (c) Any person licensed to sell nursery stock pursuant to Chapter 1 (commencing with Section 6701) of Part 3 of Division 4, except when he or she also engages in activities as defined under Section 52257.5. (Amended by Stats. 2008, Ch. 399, Sec. 2. Effective January 1, 2009.)
  93. 52351.5.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The secretary may require entities that conduct noncommercial seed sharing to file a notification form, and the form may only ask for the entity’s name, address, and responsible party contact information.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52351.5. (a) Notwithstanding Section 52351, the secretary may require any entity that conducts noncommercial seed sharing activity to provide notification of its activity on a form created by the secretary. The notification form shall only include the entity’s name and address and the contact information of the responsible party. No fee shall be assessed for submitting the notification form. (b) An entity shall not be subject to any penalties under this chapter for failing to provide notification to the secretary without first receiving a written request to do so. (Added by Stats. 2016, Ch. 259, Sec. 4. (AB 1810) Effective January 1, 2017.)
  94. 52352.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    An application for annual registration must be accompanied by a $40 fee for each fiscal year, or part of a fiscal year, beginning July 1.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52352. Each application for an annual registration shall be accompanied by the payment of a fee in the amount of forty dollars ($40) for each fiscal year or portion of a fiscal year beginning July 1. (Added by Stats. 1973, Ch. 919.)
  95. 52353.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    If a registration is not renewed within one month after the fiscal year begins, a penalty equal to 20% of the annual registration fee is added.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52353. If a registration is not renewed within one calendar month after the beginning of the fiscal year, a penalty of 20 percent of the annual registration fee due shall be added to the fee. (Added by Stats. 1973, Ch. 919.)
  96. 52354.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Registered persons must pay an annual assessment to the secretary, based on seed sales, subject to stated exceptions.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52354. Each person who is required to be registered pursuant to Section 52351 shall pay an assessment annually to the secretary in an amount not to exceed forty cents ($0.40) per one hundred dollars ($100) gross annual dollar volume sales of agricultural or vegetable seed, or both, in this state for the preceding fiscal year defined in Section 52352, except in the following cases: (a) No assessment shall be paid by any labeler or any other person for any agricultural or vegetable seed for which the assessment has been previously paid by another labeler or person, unless the identity of the lot has been changed. (b) No assessment shall be paid on that portion of a person’s sales of agricultural or vegetable seed, or both, that is sold in containers of four ounces or less net weight of seed. (c) No assessment shall be paid on agricultural or vegetable seed, or both, sold and shipped out of this state. (Amended by Stats. 2006, Ch. 499, Sec. 6. Effective January 1, 2007.)
  97. 52354.5.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    The director must set the annual assessment amount, collection date, and collection method; the board must recommend the assessment level to the director.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52354.5. The director shall fix the annual assessment established pursuant to Section 52354 in an amount that will provide sufficient funds to carry out this chapter, and the date and method of collecting the assessment. The board shall make a recommendation regarding the level of assessment to the director. (Added by Stats. 1992, Ch. 474, Sec. 2. Effective January 1, 1993.)
  98. 52354.8.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    If the assessment is not paid within one calendar month after the fiscal year ends, a penalty of 10% of the assessment amount is imposed.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52354.8. If the assessment established pursuant to Section 52354 and fixed by the director pursuant to Section 52354.5 is not paid within one calendar month after the end of the fiscal year for which the assessment is made, a penalty of 10 percent of the amount of the assessment shall be imposed. (Added by Stats. 1992, Ch. 474, Sec. 3. Effective January 1, 1993.)
  99. 52355.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Certain seed registrants must collect the assessment at the time of sale and pay it to the director; the collector may also keep a director-set reasonable handling fee.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52355. Any registrant who packages or labels seed, or both, with the name and address of the person who only retails the seed within the state shall, at the time of sale to such person, collect from the person whose name and address appears on the label, the assessment due based upon the invoice price for the seed, and pay such assessment to the director, as provided by regulations. The person collecting the assessment as provided under this section may charge, collect, and retain an additional reasonable fee established by the director for handling this collection and payment. (Added by Stats. 1973, Ch. 919.)
  100. 52356.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. )

    Verify source ↗

    Money from registration fees and dollar volume assessments under this chapter cannot be spent in an amount greater than the department’s cost of carrying out the chapter.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4.5. Registration and Assessment [52351 - 52356] ( Article 4.5 added by Stats. 1973, Ch. 919. ) ## 52356. Total expenditures from funds derived from registration fees and dollar volume assessments under this chapter shall not exceed the department’s cost of carrying out this chapter. (Amended by Stats. 2011, Ch. 133, Sec. 45. (AB 120) Effective July 26, 2011.)
  101. 52361.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers of Enforcing Officers [52361 - 52363] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary, each commissioner, and the commissioner’s qualified representatives may sample and inspect covered agricultural or vegetable seed and must promptly notify the person in possession or control of the seed of any violation.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers of Enforcing Officers [52361 - 52363] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 52361. The secretary, each commissioner, and any qualified representative of the commissioner, shall sample and inspect any agricultural or vegetable seed that is subject to this chapter at the time and place and to the extent as he or she may deem necessary to determine whether the agricultural or vegetable seed is in compliance with the provisions of this chapter, and notify promptly the person who is in possession or control of the seed of any violation. (Amended by Stats. 2006, Ch. 499, Sec. 7. Effective January 1, 2007.)
  102. 52362.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers of Enforcing Officers [52361 - 52363] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An enforcing officer may enter public or private premises during regular business hours to access seed subject to this chapter and related regulations.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers of Enforcing Officers [52361 - 52363] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 52362. For the purpose of carrying out the provisions of this chapter, any officer who is required to enforce this chapter may enter upon any public or private premises during regular business hours in order to have access to any seed which is subject to this chapter and the regulations which are adopted pursuant to it. (Enacted by Stats. 1967, Ch. 15.)
  103. 52363.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers of Enforcing Officers [52361 - 52363] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Samples taken by an enforcement officer under the chapter’s official-sampling regulations, and State Seed Laboratory reports on those samples, count as prima facie evidence of the condition or analysis of the whole lot.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Powers of Enforcing Officers [52361 - 52363] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 52363. (a) Any sample which is taken by an enforcement officer in accordance with the regulations which are adopted pursuant to this chapter for the taking of official samples is prima facie evidence of the true condition of the entire lot from which the sample was taken. The presumption established by this subdivision is a presumption affecting the burden of proof. (b) A written report which is issued by the State Seed Laboratory that shows the analysis of any such sample is prima facie evidence of the true analysis of the entire lot from which the sample was taken. The presumption established by this subdivision is a presumption affecting the burden of proof, but it does not apply in a criminal action. (Amended by Stats. 1967, Ch. 262.)
  104. 52391.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary, commissioner, or the commissioner’s qualified representative may issue a stop-sale order for agricultural or vegetable seed found to violate this chapter, and the seed may not be sold further until compliance is shown.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 52391. The secretary or the commissioner and any qualified representative of the commissioner may issue and enforce a written or printed “stop-sale” order to the owner or custodian of any lot of agricultural or vegetable seed that he or she finds is in violation of any provision of this chapter, that shall prohibit further sale of the seed until the officer has evidence that the law has been complied with. Upon compliance, the order shall be removed. (Amended by Stats. 2006, Ch. 499, Sec. 8. Effective January 1, 2007.)
  105. 52392.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not move or otherwise dispose of seed held under a stop-sale order unless an enforcing officer gives written permission or specific direction for the specified purposes.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 52392. It is unlawful for any person to move or otherwise dispose of any lot of seed which is held under a “stop-sale” order except under written permission of an enforcing officer or under his specific direction and for the purposes which are specified. (Enacted by Stats. 1967, Ch. 15.)
  106. 52393.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The owner or custodian of seed held under a stop-sale order may demand a hearing before the director or commissioner, and may appeal commissioner orders to the director.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 52393. The owner or custodian of seed which is held under a “stop sale” order shall, upon demand, have the right to a hearing before the director or the commissioner as to the justification of any such order, and may appeal to the director from any order of the commissioner made under the provisions of this article. (Enacted by Stats. 1967, Ch. 15.)
  107. 52394.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article does not restrict an enforcement officer’s right to proceed under other sections of the chapter.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 52394. This article does not limit the right of the enforcement officer to proceed as authorized by other sections of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  108. 52395.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A director’s decision under this article may be reviewed by a court of competent jurisdiction.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Stop-Sale Orders [52391 - 52395] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 52395. Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction. (Enacted by Stats. 1967, Ch. 15.)
  109. 524.

    ## 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. )

    Verify source ↗

    This section authorizes a veterinary diagnostic laboratory building and related equipment on the Davis campus, allows the department to seek and transfer planning/construction funds, and lets the director continue interim services and contract with the university before construction is complete.

    ## 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. ) ## 524. (a) A central diagnostic laboratory building to be constructed on the Davis campus of the university adjacent to the facilities of the Veterinary Medical Teaching Hospital, together with the equipment necessary for a modern veterinary diagnostic laboratory, is hereby specifically authorized. The department may include a request for physical facilities planning and working drawings funds in its 1983–84 budget request and for construction funds in the 1984–85 budget request. The funds may be transferred, as appropriate, to the university for planning, working drawings, and construction. Title to the facility shall vest in the Regents of the University of California, and the facility shall be dedicated for use as a veterinary diagnostic laboratory so long as it is needed for that purpose. (b) Prior to completion of construction of a central diagnostic laboratory on the Davis campus of the university, the director may continue to provide interim laboratory services and to contract with the university for diagnostic services which can be rendered more effectively by the university. In order to assure the orderly transfer of the veterinary diagnostic program from the department to the university, a Transition Veterinary Diagnostic Laboratory Administrative Committee is established. The committee shall consist of the director or his or her designee, who will serve as chairman, the Dean of the School of Veterinary Medicine or his or her designee who will serve as assistant chairman, and two additional members, one appointed by the director and one by the dean. The committee shall advise the department and the university on the operation of the laboratories during the period prior to the diagnostic laboratory system being fully transferred from the department to the university. (Added by Stats. 1982, Ch. 1536, Sec. 4.)
  110. 52401.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. )

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    The secretary must create by regulation a list of qualified seed-certifying agencies and must consult the University of California Agricultural Experiment Station director before approving any agency’s qualifications.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. ) ## 52401. The secretary shall, by regulation, establish a list of seed-certifying agencies that the secretary finds qualified to certify as to the variety, purity, quality, type, strain, or other genetic character of agricultural or vegetable seed. The secretary shall consult with the director of the University of California Agricultural Experiment Station before approving the qualifications of any seed-certifying agency. (Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
  111. 52402.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. )

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    A seed-certifying agency may conduct or fund research projects if it decides the projects benefit the seed industry.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. ) ## 52402. A seed-certifying agency may conduct or fund research projects that the agency, in its sole discretion, deems beneficial to the seed industry. (Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
  112. 52403.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. )

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    Each seed-certifying agency must establish a fee schedule for certification services and related research, using its discretion and taking input from the seed industry.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. ) ## 52403. Each seed-certifying agency shall establish a schedule of fees, in its discretion with input from the seed industry, for certification services provided and research conducted pursuant to this article. (Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
  113. 52404.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. )

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    Fees collected under this article must be paid directly to the seed-certifying agency and may be spent only for purposes authorized by this chapter.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. ) ## 52404. Notwithstanding Section 52321, fees collected pursuant to this article shall be paid directly to the seed-certifying agency and shall be expended only for a purpose authorized by this chapter. (Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
  114. 52405.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. )

    Verify source ↗

    A seed-certifying agency may charge a late fee to a person who does not pay a required fee on time, if the agency has adopted procedures for doing so.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. ) ## 52405. A seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may impose a late charge on any person who fails to pay any fee required by this article within the time required by the seed-certifying agency. (Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
  115. 52406.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. )

    Verify source ↗

    A seed-certifying agency may suspend certification services if a person does not timely pay a required fee or late charge, following the agency’s adopted procedures.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6.5. Seed-certifying Agencies [52401 - 52406] ( Article 6.5 added by Stats. 1995, Ch. 715, Sec. 5. ) ## 52406. In addition to any late charge, a seed-certifying agency, pursuant to procedures adopted by the seed-certifying agency, may suspend certification services to any person who fails to timely pay any fee or late charge required by this article. (Added by Stats. 1995, Ch. 715, Sec. 5. Effective January 1, 1996.)
  116. 52421.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Services [52421 - 52422] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    The director and each county commissioner, under the director’s supervision, may cooperate with recognized seed-certifying agencies and carry out seed certification support services.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Services [52421 - 52422] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 52421. The director and the commissioner of each county acting under the supervision of the director may do all of the following: (a) Cooperate with seed-certifying agencies which are officially recognized under the provisions of this chapter. (b) Supervise the harvesting, cleaning, and packaging of any seed which is eligible for certification, and the affixing of labels and seals to it. (c) Examine, sample, and test such seeds. (d) Perform such other services as may be necessary to maintain the identity and quality of certified seed. (Enacted by Stats. 1967, Ch. 15.)
  117. 52422.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Services [52421 - 52422] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    The director, or a commissioner with the director’s approval, may make yearly cooperative agreements with a qualified seed certification agency, and the director may perform the article’s services when requested by a recognized seed-certifying agency.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Services [52421 - 52422] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 52422. The director, or any commissioner with the approval of the director, may annually enter into a cooperative agreement with a qualified seed certification agency for the services that they are authorized to perform, based upon the approximate cost of the services. The approximate cost of the services rendered shall be based on applications to grow certified seed, and certified seed conditioners’ activities within the county, as determined by the cooperating seed certification agency. Upon the request of a recognized seed-certifying agency, the director, through the director’s staff or through the commissioners, may perform the services authorized by this article. Compensation for services performed by a commissioner shall be transmitted to the commissioner for such disposition as may be directed by the board of supervisors. Compensation for services that are performed by the director shall be paid into the Department of Food and Agriculture Fund. (Amended by Stats. 1993, Ch. 277, Sec. 6. Effective January 1, 1994.)
  118. 52451.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    This article does not apply to several listed kinds of seed or grain handling and distribution.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 52451. This article does not apply to any of the following: (a) Seed or grain that is not intended for sowing purposes. (b) Seed that is in storage in, or consigned to, a seed cleaning or conditioning establishment for cleaning or conditioning. (c) Seed or grain that is transported without transfer of title for sowing on land that is owned by the person by whom the seed or grain was produced. (d) Seed that is weighed and packaged in the presence of the purchaser from a bulk container, if the container is properly and conspicuously labeled as provided by this chapter. (e) Seed or grain that is transported from one warehouse to another without transfer of title or in storage in a warehouse, if each container is plainly marked or identified with a lot number or other lot identification and the label information that is required by this article is available at the request of an enforcing officer. (f) Seed distributed or received by noncommercial seed sharing activity. (Amended by Stats. 2016, Ch. 259, Sec. 5. (AB 1810) Effective January 1, 2017.)
  119. 52452.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Most agricultural seed containers sold for sowing in this state must carry a conspicuous English label or tag with specific seed information.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 52452. (a) Except as otherwise provided in Section 52454, each container of agricultural seed that is for sale or sold within this state for sowing purposes shall bear upon it or have attached to it in a conspicuous place a plainly written or printed label or tag in the English language that includes all of the following information: (1) The commonly accepted name of the kind, kind and variety, or kind and type of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each. If the aggregate of agricultural seed components, each present in an amount not exceeding 5 percent of the whole, exceeds 10 percent of the whole, each component in excess of 1 percent of the whole shall be named together with the percentage by weight of each. If more than one component is required to be named, the names of all components shall be shown in letters of the same type and size. (2) The lot number or other lot identification. (3) The percentage by weight of all weed seeds. (4) The name and approximate number of each kind of restricted noxious weed seed per pound. (5) The percentage by weight of any agricultural seed except that which is required to be named on the label. (6) The percentage by weight of inert matter. If a percentage by weight is required to be shown by any provision of this section, that percentage shall be exclusive of any substance that is added to the seed as a coating and shown on the label as such. (7) For each agricultural seed in excess of 5 percent of the whole, stated in accordance with paragraph (1), the percentage of germination exclusive of hard seed, the percentage of hard seed, if present, and the calendar month and year the test was completed to determine the percentages. Following the statement of those percentages, the additional statement “total germination and hard seed” may be stated. (8) The name and address of the person who labeled the seed or of the person who sells the seed within this state. (b) Subdivision (a) does not apply in the following instances: (1) The sale is an occasional sale of seed grain by the producer of the seed grain to their neighbor for use by the purchaser within the county of production. (2) Any cannabis seed, as defined in Section 26001 of the Business and Professions Code, sold or offered for sale in the state. (c) All determinations of noxious weed seeds are subject to tolerances and methods of determination prescribed in the regulations that are adopted pursuant to this chapter. (d) For purposes of this section, “neighbor” means a person who lives in close proximity, not to exceed three miles, to another. (Amended by Stats. 2021, Ch. 70, Sec. 100. (AB 141) Effective July 12, 2021.)
  120. 52453.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Vegetable seed containers for sale or sold in this state for sowing must have a conspicuous English label or tag with specified information, unless Section 52454 provides אחרת.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 52453. Except as otherwise provided in Section 52454, each container of vegetable seed that is for sale or sold within this state for sowing purposes shall bear upon it, or have attached to it, in a conspicuous place, a plainly written or printed label or tag in the English language, that gives all of the following information: (a) Name of kind and variety of seed. (b) For any seed that germinates less than the standard last established by the secretary under this chapter, the percentage of germination, exclusive of hard seed; the percentage of hard seed, if present; the calendar month and year the test was completed to determine those percentages; and the words “Below Standard” in not less than eight-point type. (c) Name and address of the person that labeled the seed, or of the person that sells the seed within this state. (d) In addition to the information required in subdivisions (a), (b), and (c), on each container of more than one-half pound (227 grams), the label shall include both the lot number or other lot identification and the calendar month and year the germination test was completed. (Amended by Stats. 2006, Ch. 499, Sec. 10. Effective January 1, 2007.)
  121. 52454.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain seed lots are exempt from Sections 52452 and 52453 if they meet container-count, labeling, and invoice/tag conditions.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 52454. Any lot of more than one container of seed which is transported to a dealer for resale, or any lot of more than five containers of seed which is sold to a consumer, is exempt from the requirements which are prescribed by Section 52452 or 52453 if both of the following requirements are complied with: (a) Each container is plainly marked or identified with a lot number or other lot identification. (b) The invoice and one or more of the containers bears the tag or label which is required by such sections. (Enacted by Stats. 1967, Ch. 15.)
  122. 52455.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Retail merchants selling seed for nonfarm use must put a conspicuous viability assurance statement on the seed label at sale.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 52455. In addition to the labeling requirements of this article, all seed at the time of sale by a retail merchant for nonfarm usage, shall conspicuously bear upon the labeling of the seed a viability assurance statement. (a) The statement shall be “SELL BY (month) (year),” or “USE BEFORE (month) (year)”. The month and year in the statement shall not exceed the 15-month retail time period allowed by subdivision (b) of Section 52481. (b) The statement shall be conspicuous and in capital letters of the same size of type as other printed material on the labeling and contiguous to the germination date. (c) The statement shall be affixed at the time of labeling for those containers destined for retail sales. (d) For vegetable seed sold in containers of one-half pound (227 grams) or less, the viability assurance statement may read “Packed for (year) season” as an alternative to the “SELL BY (month) (year)” statements referenced in subdivision (a). (Amended by Stats. 2006, Ch. 499, Sec. 11. Effective January 1, 2007.)
  123. 52456.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Most seed labels must prominently state that dispute procedures (conciliation, mediation, or arbitration) must be followed and explain the consequences of not following them, except seed sold by a retail merchant for nonfarm use.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Labeling of Seeds [52451 - 52456] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 52456. In addition to the labeling requirements of this article, all seed, except seed at the time of sale by a retail merchant for nonfarm use, shall conspicuously bear upon the label adequate notice of the requirement to follow the conciliation, mediation, or arbitration procedures governing disputes between labelers and any person, as authorized by this chapter, and the consequences of failing to follow those procedures. (Amended by Stats. 2000, Ch. 589, Sec. 2. Effective January 1, 2001.)
  124. 52481.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Most persons may not ship, deliver, transport, or sell agricultural or vegetable seed in the state unless the required germination test was completed within the stated time limits.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52481. Except as otherwise provided in this section or in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural or vegetable seed within this state, other than the seed that is described in Section 52451, unless the test to determine the percentage of germination that is required by Article 8 (commencing with Section 52451) has been completed within the following period, exclusive of the calendar month in which the test is completed, immediately prior to shipment, delivery, transportation, or sale: (a) In the case of any agricultural or vegetable seed that is shipped, delivered, transported, or sold to a dealer for resale, eight months. (b) In the case of any agricultural or vegetable seed that is sold at retail, 15 months. (c) In the case of any agricultural or vegetable seed that is packaged under conditions that the secretary finds and determines will prolong the viability of the seed, the secretary may designate, in regulations that are adopted pursuant to this chapter, a longer period than otherwise specified in this section, and may require any additional labeling that may be necessary to maintain identification of seed that is packaged under these conditions. (d) Seed labeled under Section 52455 is not subject to subdivision (b) upon expiration of the viability assurance statement. This exemption does not limit the right of the enforcing officer to enforce other applicable sections of this chapter. (Amended by Stats. 2006, Ch. 499, Sec. 12. Effective January 1, 2007.)
  125. 52482.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to ship, deliver, transport, or sell certain agricultural or vegetable seed in this state if it is unlabeled, contains prohibited noxious weed seed, has false or misleading labeling or advertising, is falsely represented as certified or registered seed, exceeds the weed-seed limit, or is sold by variety name without required certification, subject to stated exceptions.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52482. Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell any agricultural or vegetable seed within this state that is within any of the following classes: (a) Is not labeled in accordance with the provisions of this chapter. This subdivision does not, however, apply to any seed that is described in Section 52451. (b) Contains prohibited noxious weed seed, subject to tolerances and methods of determination prescribed in the regulations that are adopted pursuant to this chapter. This subdivision does not, however, apply to any of the seed that is described in subdivision (a) or (b) of Section 52451. (c) Has false or misleading labeling, or pertaining to which there has been a false or misleading advertisement. (d) Is represented to be certified seed or registered seed, unless it has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of a seed-certifying agency that is officially recognized under the provisions of this chapter, if produced in this state, or under the provisions of the Federal Seed Act (7 U.S.C., Sec. 1551, et seq.), as enacted, and rules and regulations that are adopted pursuant to that act, if produced outside of this state. (e) Contains more than 11/2 percent by weight of all weed seeds. This subdivision does not, however, apply to any seed that is described in subdivision (a), (b), or (c) of Section 52451. (f) To sell, by variety name, seed not certified by an official seed-certifying agency when it is a variety for which a certificate of plant variety protection under the United States Plant Variety Protection Act (84 Stats. 1542; 7 U.S.C. Sec. 2321, et seq.) specifies sale only as a class of certified seed, except that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the written approval of the owner of the variety. (Amended by Stats. 2006, Ch. 499, Sec. 13. Effective January 1, 2007.)
  126. 52483.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any person must not tamper with seed labels or notices, publish false or misleading seed ads, obstruct authorized persons, or ignore a stop-sale order.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52483. It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice that is provided for in this chapter or in the regulations that are adopted pursuant to it, or alter or substitute seed, in a manner that may defeat the purposes of this chapter. (b) Disseminate any false or misleading advertisement concerning agricultural or vegetable seed in any manner or by any means. (c) Hinder or obstruct in any way any authorized person in the performance of his or her duties under this chapter. (d) Fail to comply with a “stop-sale” order. (Amended by Stats. 2006, Ch. 499, Sec. 14. Effective January 1, 2007.)
  127. 52484.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Treated agricultural or vegetable seed cannot be shipped, delivered, transported, or sold unless the required warning and treatment information is shown on the label or container.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52484. (a) Except as otherwise provided in Section 52486, it is unlawful for any person to ship, deliver, transport, or sell agricultural or vegetable seed that is treated after harvest with any substance that is likely to be poisonous or toxic to human beings or animals unless there is conspicuously shown on the analysis tag or label, on a separate tag or label attached to each container, or on each container all of the following information: (1) “TREATED SEED” and the signal word for the category of treatment material, all in capital letters. (2) The chemical or generic name of the treatment material. (3) An appropriately worded statement as to the hazards to humans and animals. (4) An appropriately worded statement of practical treatment, if present. (b) This information shall be derived from the technical chemical label of each substance applied to the seed. (c) When more than one substance is applied, each substance shall be noted on the label and the seed shall be labeled for each substance applied with the signal word for the substance with the highest level of toxicity. (d) (1) For seeds treated with substances subject to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), the label shall include, for each pesticide, the following information: (A) The registration number from the United States Environmental Protection Agency, if applicable. (B) The quantity applied by weight or amount per seed. (2) This subdivision shall become operative January 1, 2027. (3) This subdivision shall only apply to seeds shipped, delivered, transported, distributed, or sold in the state for planting within the state. (4) The requirements of this subdivision do not apply to seeds packaged before January 1, 2027. (Amended by Stats. 2024, Ch. 348, Sec. 1. (AB 1042) Effective January 1, 2025.)
  128. 52485.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to sell or divert certain treated grain or crop seed for human or animal consumption unless the relevant pesticide residue tolerance exists and is not exceeded.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52485. It is unlawful for any person to sell or divert for use or for processing, either for human or animal consumption, any grain or other crop seed which is treated after harvest with any substance that is likely to be poisonous or toxic to human beings or animals, unless there is an established state or federal pesticide residue tolerance for such poisonous or toxic substance on the specific grain or crop seed, and such pesticide residue tolerance is not exceeded. (Amended by Stats. 1980, Ch. 790.)
  129. 52486.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Some violations in this article do not apply to a common carrier when it transports or delivers seed in the ordinary course of business, as long as it is not conditioning or merchandising that seed.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52486. Sections 52481, 52482, and 52484 of this article do not apply to any common carrier in respect to any seed which is transported or delivered for transportation in the ordinary course of its business as a carrier if such carrier is not engaged in conditioning or merchandising seed which is subject to the provisions of this chapter. (Amended by Stats. 1980, Ch. 790.)
  130. 52487.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A violation involving falsely or misleadingly labeled agricultural or vegetable seed is treated as occurring when it is discovered, and complaints must be filed within one year of discovery but not more than two years after the sale.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52487. A violation of this chapter for having shipped, delivered, transported, or sold agricultural or vegetable seed that has false or misleading labeling shall be construed to have been committed at the time of discovery of the violation, and a complaint charging the violation shall be filed within one year from the time of discovery. No complaint that charges such a violation shall, however, be filed after two years from the date of sale. (Amended by Stats. 2006, Ch. 499, Sec. 16. Effective January 1, 2007.)
  131. 52488.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful to violate any provision of this chapter or any regulation adopted under it.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52488. It is unlawful to violate any provisions of this chapter or any regulation adopted pursuant to this chapter. (Amended by Stats. 1976, Ch. 1051.)
  132. 52489.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful for any person to violate specified provisions of the federal Plant Variety Protection Act.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Violations [52481 - 52489] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 52489. It is unlawful for any person to violate the provisions of the United States Plant Variety Protection Act contained in Part J (commencing with Section 2531), Part K (commencing with Section 2541), or Part L (commencing with Section 2561) of Subchapter III of Chapter 57 of Title 7 of the United States Code, as enacted. (Amended by Stats. 2004, Ch. 183, Sec. 124. Effective January 1, 2005.)
  133. 525.

    ## 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. )

    Verify source ↗

    After the Section 521 contract is executed, the diagnostic work of the Petaluma and Sacramento regional laboratories must be moved to other laboratories, and those two laboratories must be closed.

    ## 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. ) ## 525. After the contract has been executed pursuant to Section 521, the diagnostic functions of the regional laboratories maintained at Petaluma and Sacramento shall be transferred to other laboratories in the system and those two laboratories shall be closed. (Added by Stats. 1982, Ch. 1536, Sec. 4.)
  134. 5251.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If any pest is discovered, the director must immediately report it to the county commissioner where the pest is found.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 5251. Upon the discovery of any pest, the director shall immediately report the discovery to the commissioner of the county in which the pest is found. (Enacted by Stats. 1967, Ch. 15.)
  135. 52511.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Noncompliant agricultural or vegetable seed lots are treated as a public nuisance and may be seized through a court complaint by specified officials.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 52511. Any lot of agricultural or vegetable seed that does not comply with this chapter is a public nuisance and is subject to seizure on complaint of the secretary or the commissioner or any enforcing officer of this chapter to a court of competent jurisdiction in the area in which the seed is located. (Amended by Stats. 2006, Ch. 499, Sec. 17. Effective January 1, 2007.)
  136. 52512.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county district attorney must bring a civil action, at the request of certain agricultural enforcement officials, to abate and prevent the nuisance. If the court orders it, the nuisance may be condemned, destroyed, relabeled, denatured, otherwise processed, or released under court-imposed conditions.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 52512. The district attorney of the county in which any such nuisance is found, on the relation of the director or the commissioner or any enforcing officer of this chapter, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent such nuisance. Upon judgment and by order of the court, such nuisance shall be condemned and destroyed in the manner directed by the court, or relabeled, denatured, or otherwise processed, or released upon such conditions as the court in its discretion may impose to insure that the nuisance will be abated. (Enacted by Stats. 1967, Ch. 15.)
  137. 52513.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner does not comply with the court’s order on time, the court may order the seed and containers disposed of or sold.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 52513. If the owner fails to comply with the order of the court within the time which is specified in the order, the court may order disposal of the seed and containers, or their sale, under those terms and conditions as the court may prescribe, by the director or the commissioner or any enforcing officer of this chapter, or by the sheriff or marshal. If the court orders the sale of any of the seed and containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner. (Amended by Stats. 1996, Ch. 872, Sec. 32. Effective January 1, 1997.)
  138. 52514.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A proceeding under this article is a limited civil case if the seized property is worth $35,000 or less.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 12. (SB 71) Effective January 1, 2024.)
  139. 52515.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may, after a hearing, refuse, suspend, revoke, or decline to renew a registration if there is a violation of this chapter or its regulations.

    ## 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 2. California Seed Law [52251 - 52515] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [52511 - 52515] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 52515. The director may, after hearing, refuse to issue or renew, or may suspend or revoke a registration for any violation of this chapter or any regulation adopted pursuant to this chapter. Proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code. (Amended by Stats. 1976, Ch. 1051.)
  140. 5252.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must give the commissioner information on how to eradicate or control a discovered pest and on how to prevent it from spreading further.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 5252. The director shall furnish to the commissioner a statement as to the best known means or methods for eradicating or controlling the discovered pest and advise him of the procedure or treatment to prevent the further spread of the pest. (Enacted by Stats. 1967, Ch. 15.)
  141. 5253.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must disseminate all or part of the statement in a manner best suited to inform certain people in the county about a probable pest presence.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 5253. The commissioner shall disseminate all or any portion of the statement in whatever manner he may deem is best suited to inform persons that own or have charge or possession of any premises or appliances within the county where there is a probability of the presence of the pest. (Enacted by Stats. 1967, Ch. 15.)
  142. 5254.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may take over pest control or eradication in a county without a commissioner, or if the commissioner has failed or neglected to use reasonable means to control or eradicate a discovered pest.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 5254. In any county where there is no commissioner, or if the director finds that the commissioner has failed or neglected to use all reasonable means to effect the control or eradication of any discovered pest, the director may undertake the control or eradication of the pest. He may exercise any power or authority which is conferred on the commissioner by this division. (Enacted by Stats. 1967, Ch. 15.)
  143. 5255.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In proceedings started under Section 5254, the commissioner’s duties, jurisdiction, or authority under this division are transferred to the director.

    ## 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 4. Newly Discovered Pests [5251 - 5255] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 5255. In any proceeding which is commenced pursuant to Section 5254, any duty, jurisdiction, or authority which is conferred on the commissioner by this division is conferred or imposed upon and transferred to the director. (Enacted by Stats. 1967, Ch. 15.)
  144. 526.

    ## 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. )

    Verify source ↗

    The contract must require the university, in consultation with the department, to set a fee schedule for the laboratories.

    ## 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. ) ## 526. The contract shall provide that the university, in consultation with the department, shall establish a schedule of fees to help defray the cost of operation of the laboratories. (Added by Stats. 1982, Ch. 1536, Sec. 4.)
  145. 5260.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    The Legislature states findings about invasive pests, biodiversity, and the need for advance planning in California.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5260. The Legislature hereby finds and declares all of the following: (a) California is home to more species of plants and animals in the world and the highest number of species found nowhere else in the world. (b) The state’s plants and animals coexist to create the complex ecosystems upon which so much of the state’s people and economy depend. (c) Global travel, global trade, and climate change are introducing invasive animals, plants, insects, and plant and animal diseases to California. (d) Global warming is changing ecosystems at an unprecedented pace. These changes bring invasive species and pests that pose direct threats to the state’s native and agricultural biodiversity. (e) The State of California should undertake advance planning on whether and how to address those invasive animals, plants, insects, and plant and animal diseases that are a threat to the state’s agriculture, environment, or economy. (f) The Legislature fully recognizes that any prediction of which invasive pests will enter California cannot be precise because of the many entry mechanisms. (Amended by Stats. 2018, Ch. 870, Sec. 1. (AB 2470) Effective January 1, 2019.)
  146. 5260.5.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    This section defines “invasive pests” for this chapter.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5260.5. For purposes of this chapter, “invasive pests” means animals, plants, insects, and plant and animal diseases or groups of those animals, plants, insects, and plant and animal diseases, including seeds, eggs, spores, or other matter capable of propagation, where introduction into California would or would likely cause economic or environmental harm. “Invasive pests” does not include agricultural crops, livestock, or poultry generally recognized by the department or the United States Department of Agriculture as suitable to be grown or raised in the state. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  147. 5261.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    The department must develop and maintain a list of invasive pests that may enter California and may need state action.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5261. The department shall develop and maintain a list of invasive pests that have a reasonable likelihood of entering California for which a detection, exclusion, eradication, control, or management action by the state might be appropriate. In developing the list, the department shall consider any invasive pests identified by the federal or state government for which a detection, exclusion, eradication, control, or management action might be undertaken. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  148. 5262.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    The department must prepare and maintain a written invasive-pest plan, consult specified experts and agencies, hold public hearings, and make the plan public.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5262. (a) Based on available funding, the department shall develop and maintain a written plan on the most appropriate options for detection, exclusion, eradication, control, or management of the higher priority invasive pests on the list prepared pursuant to Section 5261. In determining which invasive pests are the higher priority and in developing the most appropriate options for detection, exclusion, eradication, control, or management, the department shall consult with the United States Department of Agriculture, the University of California, other state agencies and departments, and others in the scientific and research community. In implementing this chapter, the department may undertake or contract for scientific research with the University of California or other institutions of higher learning. The plan shall include both of the following: (1) A discussion of the state not acting to detect, exclude, eradicate, control, or manage the invasive pest. (2) The identification and description of the most appropriate options for detection, exclusion, eradication, control, or management of the invasive pest. (b) If the department determines that aerial application of pesticides would be among the more appropriate responses, the plan shall contain a discussion of all of the following: (1) The pesticides that would likely be the most appropriate. (2) The concentrations of those pesticides. (3) How often pesticide use would be necessary. (4) A list of each active ingredient and inert material, to the extent that the disclosure of the inert material is permitted by state and federal law. (5) A summary of up-to-date scientific information on the impacts of the pesticide and its inert materials on all of the following: (A) Healthy children and adults. (B) Children and adults with compromised health. (C) Domestic animals. (D) Fish and wildlife. (E) Public health and the environment, including drinking water. (c) The State Department of Public Health, the Department of Fish and Game, the Office of Environmental Health Hazard Assessment, the Department of Boating and Waterways, the Department of Forestry and Fire Protection, the State Water Resources Control Board, and the Department of Pesticide Regulation shall participate in the preparation of the plan in their areas of expertise. The Office of Environmental Health Hazard Assessment shall include an analysis of the risks of using the pesticide and its inert material. (d) In developing the plan, the department shall hold public hearings that shall include a presentation by the department and the opportunity for public comment and establish a process for submittal of public comment. Following the public hearing, the department shall reassess the appropriateness of the response and may revise the response and may hold additional public hearings. (e) The plan shall include a characterization of the number of and the nature of the public comments received pursuant to subdivision (d). (f) The department shall make the plan available to the public, including making it available on the department’s Internet Web site. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  149. 5263.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    If the department determines that a listed invasive pest has entered the state, it must notify the Governor, affected city and county governing boards, and county agricultural commissioners.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5263. If the department determines that an invasive pest identified on the list developed pursuant to Section 5261 has entered the state, the department shall notify the Governor, the governing boards of affected cities and counties, and county agricultural commissioners. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  150. 5264.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    If the department finds an invasive pest in the state and a particular pesticide application is the preferred response, it must advise the Governor and provide the pest plan. If no plan exists, it must consult relevant agencies and tell the Governor there is no plan and what options are available.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5264. If the department determines that an invasive pest has entered the state and the urban aerial application of a pesticide, or a communitywide ground application of a pesticide, is the preferred eradication, control, or management response, the department shall advise the Governor and provide the Governor with a copy of the plan for that invasive pest. If a plan has not been prepared for that invasive pest, the department shall consult with the appropriate agencies and shall advise the Governor of the lack of a plan and advise the Governor of the best available options. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  151. 5265.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    If the department finds an invasive pest has entered the state and an aerial or communitywide ground pesticide response is selected, it must notify officials and the public, hold public hearings, and set up a hotline and response process.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5265. If the department determines that an invasive pest has entered the state, and an urban aerial application of a pesticide, or a communitywide ground application of a pesticide, is the selected response, the department shall do all of the following: (a) Notify the governing boards of affected cities and counties and their agricultural commissioners and health officers. (b) Notify the public of all of the following: (1) The existence of the invasive pest. (2) The consequences of not eradicating, controlling, or managing the invasive pest. (3) The active ingredient and inert material of the pesticide, to the extent that the disclosure of the inert material is permitted by state and federal law. (4) The method or methods of applying the pesticide. (5) The implications of the use of the pesticide and the inert materials on human health, domestic animals, fish and wildlife, and the environment. (c) Hold public hearings in areas subject to aerial application of the pesticide or communitywide ground application of the pesticide. (d) Establish a telephone hotline for the public to report adverse health consequences and a process to evaluate and respond to adverse health consequences. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  152. 52651.

    ## 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 3. Seed Potato Certification [52651- 52651.] ( Chapter 3 repealed and added by Stats. 1998, Ch. 573, Sec. 10. ) ## ARTICLE 1. Seed Potato Certification Agencies [52651- 52651.] ( Article 1 added by Stats. 1998, Ch. 573, Sec. 10. )

    Verify source ↗

    The secretary may designate qualified persons or agencies as seed potato certification agencies, and must consult the University of California and California seed potato industry representatives before approving qualifications.

    ## 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 3. Seed Potato Certification [52651- 52651.] ( Chapter 3 repealed and added by Stats. 1998, Ch. 573, Sec. 10. ) ## ARTICLE 1. Seed Potato Certification Agencies [52651- 52651.] ( Article 1 added by Stats. 1998, Ch. 573, Sec. 10. ) ## 52651. The secretary may, by regulation, designate as a seed potato certification agency, any person or agency that the secretary finds is qualified to certify seed potatoes as to their variety, quality, and freedom from pests and diseases. The secretary shall consult with the University of California and representatives of the seed potato industry of California before approving the qualifications of any seed potato certification agency. (Repealed and added by Stats. 1998, Ch. 573, Sec. 10. Effective January 1, 1999.)
  153. 5266.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    This program may only be funded with federal funds.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5266. This program established by this chapter may only be funded with federal funds. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  154. 5267.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. )

    Verify source ↗

    This chapter does not apply to certain public health and vector control entities, including specified agencies and districts.

    ## 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 4.5. Invasive Pest Planning [5260 - 5267] ( Chapter 4.5 added by Stats. 2008, Ch. 573, Sec. 1. ) ## 5267. This chapter does not apply to the following: (a) The State Department of Public Health and local vector control agencies providing services in accordance with Section 116180 of the Health and Safety Code. (b) Mosquito abatement and vector control districts authorized under Chapter 1 (commencing with Section 2000) of Division 3 of the Health and Safety Code. (Added by Stats. 2008, Ch. 573, Sec. 1. Effective January 1, 2009.)
  155. 527.

    ## 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. )

    Verify source ↗

    The contract must include certain services, and those services are provided without charge when they are included in the department’s budget.

    ## 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. ) ## 527. The contract shall provide for all of the following services which, when included in the department’s budget, shall be provided without charge: (a) Services performed in the course of a department-approved investigation of an animal health problem. (b) Department-approved services provided to regulatory agencies. (Added by Stats. 1982, Ch. 1536, Sec. 4.)
  156. 528.

    ## 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. )

    Verify source ↗

    The contract must state the accounting procedures to be used and any reports needed to ensure compliance with state and university requirements.

    ## 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. ) ## 528. The contract shall specify the accounting procedures to be used and any reports necessary to assure compliance with state and university requirements. (Added by Stats. 1982, Ch. 1536, Sec. 4.)
  157. 52851.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. )

    Verify source ↗

    This section states the chapter’s purpose: to promote and protect cotton planting and growing in California by restricting certain areas to Acala and Pima cotton.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. ) ## 52851. The Legislature hereby declares that the purposes of this chapter are to promote, encourage, aid, and protect the planting and growing of cotton in the State of California; that it believes that these purposes can best be accomplished by restricting within certain areas the planting and growing of but two types of cotton, which are Acala and Pima; that, by this means, it is possible to bring the cotton-growing industry in the state to its highest possible development and to ensure the growing of the most superior varieties of cotton; that the planting of pure seed is essential to the production of more marketable and better grades of cotton and cottonseeds, and for the production of grades of fiber best suited for manufacturing purposes; and that the planting of impure seeds or plants, other than those authorized in these areas, is an economic harm and loss to the planter thereof and an irreparable injury to the adjoining or neighboring growers. (Amended by Stats. 2008, Ch. 189, Sec. 1. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  158. 52852.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. )

    Verify source ↗

    The Legislature states that restricting how cotton lands and cotton gins may be used is essential to the cotton-growing industry.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. ) ## 52852. The Legislature also declares that the restriction of the use to which cotton lands and cotton gins may be used, as provided in this chapter, is essential to the highest development of the cotton-growing industry; otherwise the different types of seed will be mixed, crossing will take place in the field, the varieties will be mongrelized and cease to be uniform, the fiber will deteriorate in quality, and the seed will be rendered unfit for planting. (Amended by Stats. 2008, Ch. 189, Sec. 2. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  159. 52853.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. )

    Verify source ↗

    The Legislature says cotton varieties meeting Acala or Pima quality should be encouraged, so long as reasonable restrictions are used to prevent contamination and preserve quality in the district.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. ) ## 52853. The Legislature declares that the development of varieties or species of cotton which meet the desired quality of Acala or Pima cotton should be encouraged, if reasonable restrictions are imposed to prevent contamination and preserve integrity of the high quality cotton produced within the district. (Repealed and added by Stats. 1990, Ch. 730, Sec. 3. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  160. 52854.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. )

    Verify source ↗

    This section says production and marketing of Acala and Pima cotton in California are matters of public interest, and that the chapter is adopted under the state’s police power.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. ) ## 52854. The production and marketing of Acala and Pima cotton produced in this state is hereby declared to be affected with public interest. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Repealed and added by Stats. 1990, Ch. 730, Sec. 3. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  161. 52855.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. )

    Verify source ↗

    Actions by the board, or by an individual acting under this chapter or its regulations, are not violations of certain antitrust and unfair practices laws.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. ) ## 52855. No action taken by the board, nor by an individual in accordance with this chapter or pursuant to the regulations adopted under this chapter, is a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of that Part 2), or any statutory or common law against monopolies or combinations in restraint of trade. (Repealed and added by Stats. 1990, Ch. 730, Sec. 3. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  162. 52856.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. )

    Verify source ↗

    The Legislature declares that cotton approved by the board for planting in the district benefits the cotton-growing industry and is not for the exclusive or limited use of any person.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 1. General Provisions [52851 - 52856] ( Article 1 repealed and added by Stats. 1990, Ch. 730, Sec. 3. ) ## 52856. The Legislature further declares that all cotton approved by the board for planting in the district is for the benefit of the cotton-growing industry and is not for the exclusive or limited use of any person. (Amended by Stats. 2008, Ch. 189, Sec. 3. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  163. 52861.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    This section defines “Board” as the San Joaquin Valley Cotton Board.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52861. “Board” means the San Joaquin Valley Cotton Board. (Amended by Stats. 1990, Ch. 730, Sec. 4. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  164. 52862.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    This section defines “Industry members” as cottonseed oil crushers, handlers of raw cotton fiber, and cotton ginners or their employees.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52862. “Industry members” means cottonseed oil crushers, handlers of raw cotton fiber, and cotton ginners or employees thereof. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  165. 52863.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    This section defines “handlers of raw cotton fiber” or “merchant” as a person or organization mainly engaged in buying and selling spot cotton or forward contract cotton.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52863. “Handlers of raw cotton fiber” or “merchant” means any person or organization that is primarily engaged in the business of buying and selling spot cotton or forward contract cotton. (Amended by Stats. 2008, Ch. 189, Sec. 4. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  166. 52864.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    This section defines “cotton ginning organization” as a person or organization that owns or operates one or more cotton gins.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52864. “Cotton ginning organization” means any person or organization owning or operating one or more cotton gins. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  167. 52865.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    This section defines “District” as the San Joaquin Valley Quality Cotton District, covering all counties in the San Joaquin Valley where cotton is produced.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52865. “District” means the “San Joaquin Valley Quality Cotton District” which is comprised of all the counties in the San Joaquin Valley where cotton is produced. (Amended by Stats. 1990, Ch. 730, Sec. 5. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  168. 52866.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    This section defines “delinter” as a person or method that removes the short fibers from cottonseed.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52866. “Delinter” means any person who, by any means or method, causes the short fibers to be removed from the seed coat of cottonseed. (Added by Stats. 1987, Ch. 161, Sec. 6. Effective July 15, 1987. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  169. 52867.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    “Cotton growers” or “growers” means people in the district who produce, or cause to be produced, cotton for market.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52867. “Cotton growers” or “growers” means any person in the district who produces, or causes to be produced, cotton for market. (Added by Stats. 2008, Ch. 189, Sec. 5. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  170. 52868.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    This section defines “handlers of whole cottonseed” as people or organizations engaged in buying, selling, or processing whole cottonseed.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 2. Definitions [52861 - 52868] ( Article 2 added by Stats. 1978, Ch. 592. ) ## 52868. “Handlers of whole cottonseed” means any person or organization that is engaged in the business of buying, selling, or processing whole cottonseed. (Added by Stats. 2008, Ch. 189, Sec. 6. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  171. 52871.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    This section creates the San Joaquin Valley Cotton Board and sets how its members are chosen.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52871. There is in the state government the San Joaquin Valley Cotton Board. The board shall be composed of seven cotton growers, three cotton industry members operating in the San Joaquin Valley, and one public member. (a) The grower members shall be elected by the cotton growers in the county they represent, as follows: (1) There shall be five elected growers representing each of the five counties within the district with the largest cotton acreage. (2) There shall be an additional elected grower from each of the two counties within the district with the largest cotton acreage. (b) The three cotton industry members shall be elected as follows: (1) One member elected from and by handlers of whole cottonseed. (2) One member elected from and by handlers of raw cotton fiber. (3) One member elected from and by cotton ginning organizations. (4) An organization may not be represented in more than one of the categories specified in the foregoing paragraphs. (c) One public member shall be appointed by the secretary. The board shall submit a list of three public members to the secretary. The secretary shall choose one public member from the list to serve as a member on the board. If the secretary determines that those on the list are unacceptable, the board shall submit a new list containing the names of three public members from which the secretary shall choose one. This procedure shall continue until a public member has been selected by the secretary to serve on the board. (d) In addition, the board shall select one representative each from the United States Department of Agriculture and the University of California, and two representatives each from cotton planting seed delinting organizations, and organizations involved in the reproduction, sale, and distribution of cottonseed in the district, to serve as nonvoting ex officio members of the board. These members shall not be selected from the same organization. (Amended by Stats. 2008, Ch. 189, Sec. 7. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  172. 52872.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The secretary must create a list of growers and other persons and organizations subject to this chapter, and each listed person or organization gets one vote in covered elections if authorized to vote.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52872. The secretary shall establish a list of growers and other persons and organizations subject to this chapter. Each person or organization on the list shall have one vote in any election conducted pursuant to Sections 52871 and 52873 in which that person or organization is authorized to vote. (Amended by Stats. 1995, Ch. 136, Sec. 3. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  173. 52873.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The secretary must run the election, distribute nomination petitions, verify submitted petitions, and mail ballots to eligible voters.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52873. The secretary shall supervise and conduct any election held pursuant to Section 52871 and this section. Elections for grower members and elections for industry members shall be conducted as follows: (a) The secretary shall distribute nomination petitions to each person or organization listed pursuant to Section 52872, and authorized to vote under Section 52871 in the election being held. The petition of signatures in support of a nominee signed by those whom the nominee represents shall be submitted to the secretary in order to nominate any candidate for election to the board within 30 days from the date of the secretary’s distribution of those petitions. There shall be at least 10 signatures on each petition of nomination for a cotton grower candidate, at least two signatures on each petition of nomination for handlers of whole cottonseed candidates, at least six signatures on each petition of nomination for handlers of raw cotton fiber candidates, and at least 10 signatures on each petition of nomination for cotton ginning candidates. (b) The submitted petitions for nomination shall be verified by the secretary, and an election ballot containing the names of persons nominated shall thereafter be mailed to the persons and organizations eligible to vote in the election. (Amended by Stats. 2008, Ch. 189, Sec. 8. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  174. 52874.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    Board members, except ex officio members, must have alternate members. If there is a tie vote, the secretary determines the member and alternate by lot.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52874. Each member of the board, except the ex officio members, shall have an alternate member, who shall be a candidate for election in the same manner as the member. The candidate receiving the greatest number of votes in the election for the vacant position shall be the member. The candidate with the next highest number of votes in the election for the vacant position shall be the alternate. In the event of a tie vote in electing members or alternates, the secretary, by lot, shall determine the member and alternate. (Amended by Stats. 1995, Ch. 136, Sec. 5. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  175. 52875.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    An alternate member must step in for the board member they replace and can exercise that member’s rights and powers while sitting on the board.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52875. An alternate member, in the absence of the member for whom he or she is alternate, shall sit in place of the member on the board, and shall have, and be able to exercise, all the rights, privileges, and powers of the member when sitting on the board. In the event of death, removal, resignation, or the disqualification of a member, the alternate shall act as a member on the board for the remainder of the term. If an alternate member is unable to continue serving in that position because he or she has replaced a member on the board or is unable to continue serving for any other reason, a new alternate shall be selected, by majority vote of the board. However, that person shall fulfill all the qualifications set forth in this article as required for the alternate member whose office he or she is to fill. Qualification of any person to fill vacancies on the board shall be certified, in writing, by the secretary. (Amended by Stats. 1995, Ch. 136, Sec. 6. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  176. 52876.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    Board members in specified categories must have or avoid certain financial interests connected to the cotton industry.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52876. Grower members and their alternates on the board shall have a financial interest in producing, or causing to be produced, cotton for market. Cotton industry members or their alternates shall have a financial interest in, or be employed by, any person or organization handling cotton for markets. The public member or his or her alternate on the board shall have all the powers, rights, and privileges of any other member on the board, but shall not have any direct financial interest in the cotton industry. (Amended by Stats. 2008, Ch. 189, Sec. 9. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  177. 52878.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    Each board member, alternate, and ex officio member serves a four-year term.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52878. The term of office for each member, alternate, and ex officio member of the board is four years. (Amended by Stats. 1981, Ch. 433, Sec. 5. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  178. 52879.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The board may sue and be sued and enter into contracts once Article 9.5 is implemented.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52879. Upon implementation of Article 9.5 (commencing with Section 52951), the board shall have the power to sue and be sued, and to enter into contracts. Copies of its proceedings, records, and acts, when certified by the secretary of the board, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements therein. (Amended by Stats. 2008, Ch. 189, Sec. 10. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  179. 52880.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The board may appoint its own officers, and those officers receive only the powers and duties the board delegates to them.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52880. The board may appoint its own officers, including a chairman, one or more vice chairmen, and such other officers as it deems necessary. The officers shall have the powers and duties as may be delegated to them by the board. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  180. 52881.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The board may appoint committees, including nonmembers, to advise it, and may retain outside counsel if the Attorney General approves and there is a possible conflict with the department.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52881. The board may appoint committees composed of both members and nonmembers of the board to advise the board in carrying out this chapter. The board may retain outside counsel, with the approval of the Attorney General, when a possibility of conflict exists between the board and the department. (Amended by Stats. 1995, Ch. 136, Sec. 8. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  181. 52882.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The board must meet at least once a year, and it can also meet when called by the chairperson or the secretary, or when six voting members request a meeting.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52882. The board shall meet at least once a year, or at the call of the chairperson or the secretary, or at the request of any six voting members of the board. (Amended by Stats. 2008, Ch. 189, Sec. 11. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  182. 52883.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The board has a quorum when any six voting members or their alternates are present, and a majority of members present at a quorum meeting can act for the board.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52883. A quorum of the board shall be any six voting members or their alternates. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the board. (Amended by Stats. 2008, Ch. 189, Sec. 12. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  183. 52884.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The secretary or the secretary’s representatives must be notified of each board meeting and may attend it.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52884. The secretary or the secretary’s representatives shall be notified and may attend each meeting of the board. (Amended by Stats. 1995, Ch. 136, Sec. 10. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  184. 52885.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    Certain board-related members may not receive a salary, but the board may approve per diem pay under Department of Human Resources rules.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52885. No board member, alternate, member of a committee who is a nonmember of the board, or ex officio member shall receive a salary, but may, if approved by the board, be allowed per diem in accordance with Department of Human Resources rules for each day spent in actual attendance on, or in traveling to and from, meetings of the board or committees of the board, or on special assignment for the board. (Amended by Stats. 2012, Ch. 665, Sec. 26. (SB 1308) Effective January 1, 2013. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  185. 52886.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    Money received from certain cotton assessments must be deposited in board-designated banks, and designated agents must be bonded.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52886. Upon board action, all moneys received by any person from the assessments levied under the authority of Article 9.5 (commencing with Section 52951) of this chapter shall be deposited in banks designated by the board and shall be disbursed by order of the board through the agent or agents it designates for that purpose. Any designated agent shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in California, in favor of the board, conditioned upon the faithful performance of the agent’s duties and the strict accounting of all funds of the board, in the amount determined by the board. (Amended by Stats. 2008, Ch. 189, Sec. 13. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  186. 52887.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The state and board personnel are generally shielded from liability for board acts and contracts, with an exception for each person’s own dishonesty or crime.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52887. The state shall not be liable for the acts of the board or its contracts. Payment of all claims arising by reason of the administration of this chapter or acts of the board shall be limited to the funds collected under this chapter. No member of the board or alternate member, or any employee or agent thereof, shall be personally liable on the contracts of the board nor shall a board member, alternate member, or employee of the board be responsible individually or jointly in any way to any cotton grower or handler or any other person for error in judgment, mistakes, or other acts, either of the board or omission, as principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No board member or alternate member shall be held responsible individually for any act or omission of any member of the board. The liability of the board members shall be several and not joint, and no board members shall be liable for the default of any other board member. (Amended by Stats. 2008, Ch. 189, Sec. 14. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  187. 52889.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The secretary may order the board to stop or fix activities that are not in the public interest or violate this chapter, and may suspend board activities if the board does not comply.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52889. The secretary may require the board to correct or cease any activity or function that is determined by the secretary not to be in the public interest or that is in violation of this chapter. If the board refuses or fails to cease those activities or functions or to make such corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities of the board until the time that the cessation or correction of activities or functions as required by the secretary have been accomplished. Written notice to cease any activity that is the subject of a contract entered into by the board prior to the notice, shall not be effective until after the period of notice for termination provided in the contract or 120 days, whichever is shorter. Upon service of the written notice, the secretary shall give written notification to the board of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter. (Amended by Stats. 1995, Ch. 136, Sec. 11. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  188. 52890.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. )

    Verify source ↗

    The secretary or the board may ask a court for judicial relief, and the court may grant a temporary restraining order, a permanent injunction, or other relief.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 3. San Joaquin Valley Cotton Board [52871 - 52890] ( Heading of Article 3 amended by Stats. 1990, Ch. 730, Sec. 6. ) ## 52890. Either the secretary or the board may bring an action for judicial relief in a court of competent jurisdiction, which may thereafter issue a temporary restraining order, a permanent injunction, or other applicable relief. (Amended by Stats. 1995, Ch. 136, Sec. 12. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  189. 52891.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    The board must set cotton quality standards, test and review varieties, run referendums, require labeling, and recommend program matters to the secretary.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. ) ## 52891. The powers and duties of the board shall include, but not be limited to, all of the following: (a) Establish a separate Acala and Pima quality standard. When determining each standard, the board shall consider fiber length, strength, uniformity, micronaire, seed quality, productivity, resistance to disease, including verticillium wilt, and spinning characteristics. (b) Annually review test data and approve for release and planting within the district, cotton varieties that meet the existing Acala or Pima quality standard but are superior in some meaningful respect, as determined by the board, and that have qualities generally recognized by the cotton industry to be essential factors in producing that cotton within the district, or significant area within the district. (c) Conduct or commission tests for cotton production and quality evaluation in accordance with procedures to be adopted pursuant to Section 52902, and assess fees necessary for administering those tests. (d) Conduct periodic referendums, as specified in this chapter, regarding the continuation of the district. A referendum shall also be conducted whenever the board proposes substantive changes in the Acala or Pima quality standard. (e) Require all cotton varieties approved for release for planting, and produced in the district, to contain the word “Acala” or “Pima” in labeling and all lint to be marketed as “SJV Acala” or “SJV Pima.” (f) Recommend to the secretary on all matters pertaining to this chapter including, but not limited to, the program for enforcing this chapter and the setting of an appropriate seed assessment rate necessary for the administration of this chapter. (Amended by Stats. 1998, Ch. 708, Sec. 2. Effective January 1, 1999. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  190. 52891.1.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    The board may adopt resolutions for the cotton district, but the resolution must go to a referendum in specified cases and becomes effective only after secretary approval.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. ) ## 52891.1. (a) The board may, by resolution, take actions that are in the best interest of the cotton industry in the district, which shall include, but not be limited to, the growing of cottons other than Acala and Pima. The resolution may contain provisions to protect the quality and integrity of approved fiber and seed grown within the district. (b) The resolution shall be subject to a referendum conducted by the secretary, upon the request of the board, using information supplied by the board and other information as determined by the secretary, or a referendum shall be conducted by the secretary if a petition signed by not less than 5 percent of the qualified cotton growers in the district is presented to the board. The costs of any referendum conducted pursuant to this chapter shall be paid from funds collected pursuant to this chapter. (c) The secretary shall find the resolution approved if either of the following conditions is met: (1) Not less than 65 percent of the cotton growers certified by the secretary who voted in the referendum, voted in favor, and that those cotton growers so voting represent at least a majority of the cotton producing acreage of all cotton growers who voted in the referendum. (2) At least a majority of those cotton growers who voted in the referendum voted in favor and that those cotton growers so voting represent not less than 65 percent of the cotton producing acreage of all cotton growers who voted in the referendum. The secretary shall then so certify to the board, which shall then make the approved resolution effective as an order of the board within 10 days after the certification by the secretary. (Amended by Stats. 2009, Ch. 140, Sec. 77. (AB 1164) Effective January 1, 2010. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  191. 52892.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. )

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    The board is given additional powers, on implementation of Article 9.5, to make and change rules, enforce the chapter, hire staff, enter contracts, promote cotton sales, conduct research, handle research funds, and publish cotton-industry information.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. ) ## 52892. Upon implementation of Article 9.5 (commencing with Section 52951), the powers and duties of the board shall also include, but not be limited to, all of the following: (a) To adopt, and from time to time alter, rescind, modify, and amend, all proper and necessary rules, regulations, and orders for carrying out the provisions of this chapter and for exercising its powers and the performance of its duties, including rules for regulation of appeals from any rule, regulation, or order of the board. (b) To administer and enforce this chapter, and to do and perform all acts and exercise all powers incidental to or in connection with or deemed reasonably necessary, proper, or advisable to effectuate the purposes of this chapter. (c) To employ a manager to serve, at the pleasure of the board, as president and chief executive officer of the board and other personnel, including legal counsel, that are necessary to carry out the provisions of this chapter. (d) To establish offices and incur expense, and to enter into any and all contracts and agreements, and to create such liabilities and borrow such funds in advance of receipt of assessments as may be necessary, in the opinion of the board, for the proper administration and enforcement of this chapter and the performance of its duties. (e) To promote the sale of cotton by advertising and other promotional means for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for cotton. (f) To enter into cost-sharing advertising with other products considered, by the board, to be fair and equitable to both parties. (g) In the discretion of the board, to make, in the name of the board, contracts to render service in formulating and conducting plans and programs, and other contracts or agreements deemed necessary for the promotion of the sale of cotton. (h) In the discretion of the board, to conduct, and contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of information obtained from that research or elsewhere regarding the marketing and production of cotton. In connection with that research, the board shall have the power to accept contributions of, or to match, private, state, or federal funds that may be available for those purposes, and to employ or make contributions of funds to other persons or state or federal agencies conducting that research. (i) In the discretion of the board, to publish and distribute, without charge, a bulletin or other communication for dissemination of information relating to the cotton industry to growers and other industry members. (Amended by Stats. 2009, Ch. 140, Sec. 78. (AB 1164) Effective January 1, 2010. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  192. 52893.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. )

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    The board may require cottonseed delinted for planting within the district to be certified by a qualified seed certification agency.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 4. Duties and Powers of the Board [52891 - 52893] ( Article 4 added by Stats. 1978, Ch. 592. ) ## 52893. The board may require that all cottonseed delinted for planting within the district be certified by a qualified seed certification agency as provided by subdivision (d) of Section 52482. (Amended by Stats. 2008, Ch. 189, Sec. 17. Effective January 1, 2009.)
  193. 529.

    ## 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. )

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    This section creates a Veterinary Diagnostic Laboratory Board, requires the director to appoint it in consultation with the Dean of the School of Veterinary Medicine, and requires the board to advise the university and the department on laboratory operations.

    ## 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. ) ## 529. It is intended that the contractual arrangement between the university and the department be of long-term duration. The department’s budget for the laboratories shall be reviewed annually. A Veterinary Diagnostic Laboratory Board is hereby established, consisting of representatives of the livestock and poultry industries and practicing veterinarians who utilize the laboratory service. It shall be appointed by the director in consultation with the Dean of the School of Veterinary Medicine. The Chief of the Bureau of Animal Health of the department, the Assistant Area Veterinarian in Charge for California for the United States Department of Agriculture, and the director of the California Animal Health and Food Safety Laboratory created by this article shall be ex officio members. The board shall advise the university and the department on all aspects of the operation of the laboratories. (Amended by Stats. 2000, Ch. 1082, Sec. 115. Effective January 1, 2001.)
  194. 52901.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 5. Nonapproved Variety Research [52901 - 52903] ( Article 5 added by Stats. 1978, Ch. 592. )

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    People researching nonapproved cotton varieties must follow department regulations, and the department must adopt regulations for cotton integrity, site notification, and cottonseed import procedures.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 5. Nonapproved Variety Research [52901 - 52903] ( Article 5 added by Stats. 1978, Ch. 592. ) ## 52901. The planting, possessing for planting, growing, picking, harvesting, ginning of cotton, delinting of cottonseed, or sale of lint by anyone conducting research on nonapproved varieties shall be in compliance with regulations adopted by the department. The department shall also adopt regulations to accomplish all of the following purposes: (a) Maintain the integrity of approved Acala or Pima cotton and prevent contamination of those types of cotton. (b) Require that applicants notify the department regarding the location of test sites and of the dates and procedures for planting, harvesting, and ginning of cotton. (c) Establish a procedure for importing cottonseed into the district. (Amended by Stats. 2008, Ch. 189, Sec. 18. Effective January 1, 2009.)
  195. 52902.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 5. Nonapproved Variety Research [52901 - 52903] ( Article 5 added by Stats. 1978, Ch. 592. )

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    Before nonapproved cotton can be approved for release and planting in the district, it must be submitted for production and quality evaluation and testing. The secretary must also adopt testing procedures, and variety tests must run for at least three years before approval and release.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 5. Nonapproved Variety Research [52901 - 52903] ( Article 5 added by Stats. 1978, Ch. 592. ) ## 52902. Before any nonapproved cotton is approved by the board for release and planting in the district, it shall be submitted to the board for production and quality evaluation and tests. The secretary, in consultation with the board and the University of California, shall adopt procedures for testing nonapproved cotton varieties. Variety tests shall be conducted for a minimum of three years prior to approval and release of the variety. (Amended by Stats. 1995, Ch. 136, Sec. 16. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  196. 52903.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 5. Nonapproved Variety Research [52901 - 52903] ( Article 5 added by Stats. 1978, Ch. 592. )

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    The secretary may permit outside-district seed cotton to be ginned in the district if the planting seed meets Section 52901(c). Permittees may also be charged up to $4 per bale for permit-enforcement costs.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 5. Nonapproved Variety Research [52901 - 52903] ( Article 5 added by Stats. 1978, Ch. 592. ) ## 52903. The secretary, by permit, may allow seed cotton produced outside the district to be ginned within the district if the planting seed has met the requirements of subdivision (c) of Section 52901. Cottonseed and lint resulting from these ginnings shall be disposed of as directed by the permit. Permittees may be charged an assessment not to exceed four dollars ($4) per bale to recover the department’s costs for permit enforcement. (Amended by Stats. 1995, Ch. 136, Sec. 17. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  197. 52911.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 6. Exceptions [52911- 52911.] ( Article 6 added by Stats. 1978, Ch. 592. )

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    This section says the chapter does not apply to certain cottonseed transport through the district.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 6. Exceptions [52911- 52911.] ( Article 6 added by Stats. 1978, Ch. 592. ) ## 52911. This chapter does not apply to the transportation of cottonseed through the district established by this chapter, from a point outside of the district to a destination outside of the district. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  198. 52921.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 7. Seed Distribution [52921 - 52923] ( Article 7 added by Stats. 1978, Ch. 592. )

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    Breeders seed approved by the board must be allocated to FSSC, and FSSC must distribute foundation seed to qualified recipients.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 7. Seed Distribution [52921 - 52923] ( Article 7 added by Stats. 1978, Ch. 592. ) ## 52921. All breeders seed for varieties developed by the United States Department of Agriculture or the University of California, and approved for release and planting by the board shall be allocated to the Foundation Seed and Seed Certification Service (FSSC) for expansion to foundation seed in cooperation with the board. FSSC shall distribute foundation seed to all qualified recipients. If there is not enough foundation seed available to satisfy all requests for foundation seed, FSSC may allocate the seed based upon any reasonable criteria, such as prior years acreage or allocation. (Amended by Stats. 1995, Ch. 136, Sec. 18. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  199. 52922.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 7. Seed Distribution [52921 - 52923] ( Article 7 added by Stats. 1978, Ch. 592. )

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    FSSC must provide a method for certain foundation-seed applicants to receive an initial allocation if they have no cottonseed distribution history.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 7. Seed Distribution [52921 - 52923] ( Article 7 added by Stats. 1978, Ch. 592. ) ## 52922. FSSC shall provide a method that will enable persons requesting foundation seed who have no history of cottonseed distribution to receive an initial allocation of foundation seed. (Amended by Stats. 1995, Ch. 136, Sec. 19. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  200. 52923.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 7. Seed Distribution [52921 - 52923] ( Article 7 added by Stats. 1978, Ch. 592. )

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    FSSC must set criteria with the board and use those criteria to decide who qualifies and to allocate foundation seed.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 7. Seed Distribution [52921 - 52923] ( Article 7 added by Stats. 1978, Ch. 592. ) ## 52923. FSSC shall develop criteria in consultation with the board for the allocation of foundation seed to qualified recipients. FSSC shall determine who is a qualified recipient and allocate foundation seed pursuant to that criteria. (Amended by Stats. 1995, Ch. 136, Sec. 20. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)

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