Food and Agricultural Code — Part 21 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 21 of 48 · provisions 4,001–4,200

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. 52931.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    A referendum must be held for cotton growers in the district if a qualifying petition is submitted 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52931. A referendum of all cotton growers within the district shall be conducted if a petition, signed by not less than 5 percent of the cotton growers in the district, is submitted to the secretary, which calls for a referendum pertaining to the operation of this chapter. (Amended by Stats. 2009, Ch. 140, Sec. 79. (AB 1164) Effective January 1, 2010. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  2. 52932.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    This chapter stays operative if one of two voter-and-acreage threshold tests is met.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52932. This chapter shall remain operative if either of the following conditions is met: (a) Not less than 65 percent of the cotton growers certified by the secretary who voted in the referendum, voted in favor of this chapter, and those cotton growers so voting represent at least a majority of the cotton producing acreage of all cotton growers who voted in the referendum. (b) At least a majority of those cotton growers who voted in the referendum voted in favor of this chapter and 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. (Amended by Stats. 2009, Ch. 140, Sec. 80. (AB 1164) Effective January 1, 2010. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  3. 52933.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    A referendum is not invalid just because a ballot was not received.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52933. Nonreceipt of a ballot shall not invalidate such a referendum. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  4. 52934.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    If the secretary finds a favorable vote under Section 52932, the secretary must certify it and notify the cotton growers 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52934. If the secretary finds that a favorable vote has been given as provided in Section 52932, he or she shall so certify and give notice of that favorable vote to the cotton growers in the district. (Amended by Stats. 2008, Ch. 189, Sec. 21. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  5. 52935.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    If the secretary finds there was no favorable vote under Section 52932, the secretary must certify that fact and declare the chapter inoperative.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52935. If the secretary finds that a favorable vote has not been given as provided in Section 52932, the secretary shall so certify and declare all provisions of this chapter inoperative. (Amended by Stats. 2008, Ch. 189, Sec. 22. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  6. 52936.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    The board may hold a referendum when it proposes changes to the Acala or Pima quality standard, in addition to Section 52931.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52936. In addition to Section 52931, the board may hold a referendum whenever the board proposes changes to the Acala or Pima quality standard as provided in Section 52891. (Amended by Stats. 2008, Ch. 189, Sec. 23. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  7. 52937.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    A referendum must be held if the board proposes to implement promotion and research funding under Article 9.5.

    ## 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52937. A referendum shall be held if the board proposes to implement promotion and research funding as provided in Article 9.5 (commencing with Section 52951) of this chapter. (Amended by Stats. 2008, Ch. 189, Sec. 24. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  8. 52938.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. )

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    The board may call a referendum at any time.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 8. Referendum [52931 - 52938] ( Article 8 added by Stats. 1978, Ch. 592. ) ## 52938. The board may call for a referendum at any time. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  9. 52941.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. )

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    Some cottonseed operators must pay an annual assessment to the secretary, and cottonseed delinters must report names, addresses, and undelinted weight by June 15 each 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. ) ## 52941. (a) Any person who has cottonseed delinted for planting purposes under this chapter, shall annually pay to the secretary an assessment in an amount not to exceed six dollars ($6) per hundredweight on the undelinted weight of the cottonseed. (b) Cottonseed delinters, by June 15th of each year, shall provide the secretary with the name and address of each person having cottonseed delinted and the undelinted weight of their cottonseed. (Amended by Stats. 2003, Ch. 236, Sec. 1. Effective August 11, 2003. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  10. 52942.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. )

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    The assessment must be used only for enforcing this chapter and for board functions, including cotton variety testing and related administrative expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. ) ## 52942. The assessment shall be used exclusively for enforcement of the provisions of this chapter, and the board functions including cotton variety testing and related administrative expenses. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  11. 52943.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. )

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    The secretary may lower the annual assessment under Section 52941 after investigation and due notice if the reduced amount will still cover board and 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. ) ## 52943. The secretary, after investigation and due notice, may fix the annual assessment provided under Section 52941 at a lesser amount that would provide sufficient funds to defray the board and enforcement costs incurred in administering this chapter. (Amended by Stats. 1995, Ch. 136, Sec. 26. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  12. 52944.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. )

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    The assessment must be paid to the secretary within one calendar month after July 1 each year, with an exception for cottonseed that has already had the assessment paid.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. ) ## 52944. The assessment shall be paid to the secretary within one calendar month after July 1 of each year, for cottonseed delinted in the preceding fiscal year or portion of a fiscal year beginning July 1, except that no assessment shall be paid by any person or organization for any cottonseed for which the assessment has been previously paid. If not paid within that period, a penalty of 10 percent of the assessment owed shall be due and payable to the secretary. (Amended by Stats. 1995, Ch. 136, Sec. 27. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  13. 52945.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. )

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    Money received by the secretary under this chapter must be deposited in 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 9. Board and Enforcement Funding [52941 - 52945] ( Article 9 added by Stats. 1978, Ch. 592. ) ## 52945. All moneys that are received by the secretary pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be expended only for the purposes of this chapter. (Amended by Stats. 1995, Ch. 136, Sec. 28. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  14. 52951.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9.5. Promotion and Research Funding [52951 - 52953] ( Article 9.5 added by Stats. 1978, Ch. 592. )

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    The board may annually assess cotton growers in the district, but the assessment cannot exceed 0.5% of each grower’s gross dollar value from the previous year’s cotton crop.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9.5. Promotion and Research Funding [52951 - 52953] ( Article 9.5 added by Stats. 1978, Ch. 592. ) ## 52951. The board is authorized to annually assess cotton growers in the district in an amount not to exceed one-half of 1 percent of each grower’s gross dollar value from the previous year’s cotton crop. (Amended by Stats. 2008, Ch. 189, Sec. 25. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  15. 52952.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9.5. Promotion and Research Funding [52951 - 52953] ( Article 9.5 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    Assessments collected under this article must be used only for promotion, research, and related administrative expenses, and they are subject to Sections 52937 and 52932.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9.5. Promotion and Research Funding [52951 - 52953] ( Article 9.5 added by Stats. 1978, Ch. 592. ) ## 52952. Assessments collected under this article are subject to Section 52937 and Section 52932 and shall be used exclusively for promotion, research, and related administrative expenses. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  16. 52953.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 9.5. Promotion and Research Funding [52951 - 52953] ( Article 9.5 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    The board must develop a procedure for collecting assessments under 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 9.5. Promotion and Research Funding [52951 - 52953] ( Article 9.5 added by Stats. 1978, Ch. 592. ) ## 52953. The board shall develop a procedure for collecting assessments under this article. (a) Collection of the assessment may be required of cotton growers or cotton handlers. (b) A penalty of 10 percent of the unpaid assessment fee due and payable may be imposed. (Amended by Stats. 2008, Ch. 189, Sec. 26. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  17. 52961.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 10. Enforcement [52961- 52961.] ( Article 10 added by Stats. 1978, Ch. 592. )

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    The secretary and each county commissioner under the secretary’s supervision must enforce this chapter and carry out its 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 10. Enforcement [52961- 52961.] ( Article 10 added by Stats. 1978, Ch. 592. ) ## 52961. The secretary, and the commissioner of each county acting under the secretary’s supervision, shall enforce this chapter and carry out its provisions and requirements. (Amended by Stats. 1995, Ch. 136, Sec. 29. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  18. 52971.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    It is unlawful for any person to violate this chapter’s provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. ) ## 52971. It is unlawful for any person to violate the provisions of this chapter. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  19. 52972.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    In the district, people may not plant, handle for planting, harvest, gin, or delint cotton unless the seeds or plants are approved by 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. ) ## 52972. Except as otherwise provided in Article 5 (commencing with Section 52901), and Article 12 (commencing with Section 52981), in the district established by this chapter, it is unlawful for any person to plant, possess for planting, pick, harvest, gin, or delint any cotton except those seeds or plants that are approved by the board for planting within the district. (Amended by Stats. 2008, Ch. 189, Sec. 27. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  20. 52973.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    A person who violates any provision of this chapter commits a misdemeanor and may be sued for all damages caused by the 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 4. San Joaquin Valley Quality Cotton District [52851 - 52993] ( Heading of Chapter 4 amended by Stats. 1990, Ch. 730, Sec. 1. ) ## ARTICLE 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. ) ## 52973. Any person who violates any provision of this chapter is guilty of a misdemeanor and, in addition thereto, is liable in a civil action for all damages that may be occasioned or caused by a violation of this chapter. (Added by Stats. 1978, Ch. 592. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  21. 52974.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    Noncompliant seed cotton, cotton plants, or cottonseed are treated as a public nuisance and may be seized after a complaint by the secretary or commissioner to the proper court.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. ) ## 52974. Any seed cotton, cotton plant, or cottonseed that does not comply with this chapter is a public nuisance and is subject to seizure on complaint of the secretary or commissioner to a court of competent jurisdiction in the area in which the seed cotton, cotton plant, or cottonseed is located. (Amended by Stats. 1995, Ch. 136, Sec. 30. Effective January 1, 1996. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  22. 52975.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    The county district attorney must file a civil action, at the request of the secretary or commissioner, to abate and prevent a nuisance.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. ) ## 52975. The district attorney of the county in which any nuisance is found, at the request of the secretary or the commissioner, shall maintain, in the name of the people of the state, a civil action to abate and prevent the nuisance. Upon judgment and order of the court, that nuisance shall be condemned and destroyed in the manner directed by the court, denatured, or otherwise processed, or released upon conditions that the court may impose to ensure that the nuisance will be abated. (Amended by Stats. 2008, Ch. 189, Sec. 28. Effective January 1, 2009. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  23. 52976.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. )

    Verify source ↗

    If the owner does not comply with the court’s order on time, the court must direct specified officials to dispose of the cotton-related property. If the property is sold, disposal costs come out of the sale proceeds and the balance goes into court for the owner.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 11. Violations and Penalties [52971 - 52976] ( Article 11 added by Stats. 1978, Ch. 592. ) ## 52976. If the owner fails to comply with the order of the court within the time that is specified in the order, the court shall order the secretary, commissioner, sheriff, or marshal to dispose of the seed cotton, cotton plant, or cottonseed and containers, under those terms and conditions as the court may describe. If the court orders the sale of any of the seed cotton, cotton plants, or cottonseed and containers that can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance shall be paid into court for the owner. (Amended by Stats. 1996, Ch. 872, Sec. 33. Effective January 1, 1997. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  24. 52981.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 12. Growing of Nonapproved Varieties [52981 - 52982] ( Article 12 added by Stats. 1998, Ch. 708, Sec. 3. )

    Verify source ↗

    Nonapproved cotton varieties may be grown in the district if regulations proposed by the board and adopted by the department allow 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 12. Growing of Nonapproved Varieties [52981 - 52982] ( Article 12 added by Stats. 1998, Ch. 708, Sec. 3. ) ## 52981. (a) Notwithstanding any other provision of this chapter, nonapproved varieties of cotton may be grown in the district, subject to regulations proposed by the board and adopted by the department. (b) The department shall adopt regulations that ensure that the growing of nonapproved varieties of cotton do not adversely affect the quality of Acala and Pima cotton approved to be grown in the district. (Added by Stats. 1998, Ch. 708, Sec. 3. Effective January 1, 1999.)
  25. 52982.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 12. Growing of Nonapproved Varieties [52981 - 52982] ( Article 12 added by Stats. 1998, Ch. 708, Sec. 3. )

    Verify source ↗

    This article is subject to Articles 9, 10, and 11, and the secretary may raise the Article 9 assessment when needed to enforce regulations on nonapproved cotton varieties 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 12. Growing of Nonapproved Varieties [52981 - 52982] ( Article 12 added by Stats. 1998, Ch. 708, Sec. 3. ) ## 52982. Article 9 (commencing with Section 52941), Article 10 (commencing with Section 52961), and Article 11 (commencing with Section 52971) apply to this article, except that the secretary may increase the assessment specified in Article 9 (commencing with Section 52941) in the amount necessary to enforce the regulations adopted by the department for nonapproved varieties of cotton grown in the district pursuant to this article, in order to ensure the quality of Acala and Pima cotton grown in the district. (Added by Stats. 1998, Ch. 708, Sec. 3. Effective January 1, 1999. Conditionally inoperative on January 1, 2014, as prescribed in Section 52991.)
  26. 52991.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 13. Operation [52991 - 52993] ( Article 13 added by Stats. 2013, Ch. 383, Sec. 2. )

    Verify source ↗

    This section says the chapter and its regulations become inoperative on and after January 1, 2014 unless the chapter is continued by resolution or activated by a secretary determination after a petition from 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 13. Operation [52991 - 52993] ( Article 13 added by Stats. 2013, Ch. 383, Sec. 2. ) ## 52991. (a) Except as specified in Section 52992, on and after January 1, 2014, the provisions of this chapter, and any regulations adopted pursuant to this chapter, shall become inoperative unless either of the following occurs: (1) A resolution is approved in accordance with the procedures specified in subdivision (c) of Section 52891.1, as that section read on January 1, 2013, to continue the operation of this chapter. (2) The secretary receives a petition from members of the cotton industry in the San Joaquin Valley and makes a determination that circumstances in the California cotton industry indicate that the operation of specified sections of this chapter is in the best interests of the cotton industry and the state. If the secretary makes that determination, the secretary may establish a committee to advise the secretary. The committee shall be comprised of cotton growers, handlers of whole cottonseed, handlers of raw cotton fiber, and representatives of cotton ginning organizations. (b) If the provisions of this chapter become operative as described in paragraphs (1) and (2) of subdivision (a), the department shall post this fact on its Internet Web site. (Added by Stats. 2013, Ch. 383, Sec. 2. (AB 1389) Effective January 1, 2014.)
  27. 52992.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 13. Operation [52991 - 52993] ( Article 13 added by Stats. 2013, Ch. 383, Sec. 2. )

    Verify source ↗

    The listed sections stay in force, and the secretary administers 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 13. Operation [52991 - 52993] ( Article 13 added by Stats. 2013, Ch. 383, Sec. 2. ) ## 52992. The following sections of this chapter shall remain operative and shall be administered by the secretary: (a) Section 52893 as it relates to certified cottonseed. (b) Section 52901 as it relates to certified cottonseed and colored cotton. (c) Section 52981 as it relates to colored cotton. (Added by Stats. 2013, Ch. 383, Sec. 2. (AB 1389) Effective January 1, 2014.)
  28. 52993.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, 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 13. Operation [52991 - 52993] ( Article 13 added by Stats. 2013, Ch. 383, Sec. 2. )

    Verify source ↗

    The secretary does not have to administer this article or related chapter provisions unless the secretary decides there is enough remaining funding to cover the 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 13. Operation [52991 - 52993] ( Article 13 added by Stats. 2013, Ch. 383, Sec. 2. ) ## 52993. The secretary shall not be required to administer this article or any provisions of this chapter that are operative pursuant to Sections 52991 and 52992 unless the secretary determines that there are sufficient funds remaining in the Department of Food and Agriculture Fund that were deposited and authorized to be expended for the purposes of this chapter, or from other sources, including the California cotton industry, to pay the costs incurred by the secretary. (Added by Stats. 2013, Ch. 383, Sec. 2. (AB 1389) Effective January 1, 2014.)
  29. 530.

    ## 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 ↗

    A member of the Veterinary Diagnostic Laboratory Board is entitled to reimbursement of actual expenses incurred while performing duties authorized by 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. ) ## 530. A member of the Veterinary Diagnostic Laboratory Board is entitled to be paid his or her actual expenses which are incurred while engaged in performing his or her duties that are authorized by this article. (Added by Stats. 1982, Ch. 1536, Sec. 4.)
  30. 531.

    ## 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 director must transfer appropriated laboratory funds to the university, which manages them under university rules and the department-university contract.

    ## 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. ) ## 531. The budget for the California Animal Health and Food Safety Laboratory shall be established as a line item in the budget of the department. The operating budget requests shall be submitted annually, and requests for funding of construction of facilities and special items of laboratory equipment which cost over one hundred fifty thousand dollars ($150,000) shall be submitted when required. The director shall transfer funds appropriated for operation of the laboratories, for equipment, and for construction of facilities to the university to be managed according to university rules and regulations, and in accordance with the contract between the department and the university. (Amended by Stats. 2000, Ch. 1082, Sec. 116. Effective January 1, 2001.)
  31. 5321.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Quarantine and Other Regulations for Pests Within the State [5321 - 5323] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director gets information about a pest not generally distributed in the state, the director must thoroughly investigate its spread and whether it can be controlled or eradicated.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Quarantine and Other Regulations for Pests Within the State [5321 - 5323] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5321. If the director receives information of the existence of any pest which is not generally distributed within this state, he shall thoroughly investigate the existence and probability of its spread, and the feasibility of its control or eradication. (Enacted by Stats. 1967, Ch. 15.)
  32. 5322.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Quarantine and Other Regulations for Pests Within the State [5321 - 5323] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may establish, maintain, and enforce quarantine and eradication regulations for pests covered by Section 5321.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Quarantine and Other Regulations for Pests Within the State [5321 - 5323] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5322. The director may establish, maintain, and enforce quarantine, eradication, and such other regulations as are in his or her opinion necessary to circumscribe and exterminate or prevent the spread of any pest which is described in Section 5321. (Amended by Stats. 1982, Ch. 1531, Sec. 2.)
  33. 5323.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Quarantine and Other Regulations for Pests Within the State [5321 - 5323] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Local jurisdictions may not adopt rules that block, delay, or hinder this division or regulations made under 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Quarantine and Other Regulations for Pests Within the State [5321 - 5323] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5323. This division and the regulations which are established pursuant to this division are of a statewide interest and concern and are intended to occupy the field. No local jurisdiction shall adopt ordinances, laws, or regulations which prevent, hinder, or delay the effect or application of this division or regulations established pursuant to this division. Regulations established pursuant to this division are not valid unless they are clearly consistent with a strict interpretation of this division and are necessary to effectuate the purpose of this division. The adoption of the regulations does not create any presumption of their necessity or validity. (Amended by Stats. 1982, Ch. 1531, Sec. 3.)
  34. 53301.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The definitions in this article govern 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53301. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  35. 53302.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “advertisement” for nursery stock 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53302. “Advertisement” means any representation which relates to nursery stock, that is disseminated in any manner or by any means, except a representation which is on the label. (Enacted by Stats. 1967, Ch. 15.)
  36. 53303.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “decorative plants” as indoor plants commonly sold in movable containers and not suited for outdoor cultivation.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53303. “Decorative plants” means indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because of climatic conditions and natural peculiarities of habit or growth and because of the purpose of their cultivation. (Enacted by Stats. 1967, Ch. 15.)
  37. 53304.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Grade size” means the designation for nursery stock that describes its physical and quality characteristics.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53304. “Grade size” means the designation relating to nursery stock which denotes the height, spread, caliper, dimension, condition, quality, age, methods of propagation, or means of growth. (Enacted by Stats. 1967, Ch. 15.)
  38. 53305.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “labeling” for nursery stock as labels and other written, printed, or graphic material that accompanies and relates to the nursery stock.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53305. “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompanies and pertains to any nursery stock. (Enacted by Stats. 1967, Ch. 15.)
  39. 53306.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “nursery stock” as all kinds of nursery stock except decorative plants and 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53306. “Nursery stock” means all kinds of nursery stock except decorative plants and seeds. (Enacted by Stats. 1967, Ch. 15.)
  40. 53307.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Ornamental” means a plant grown for ornamental purposes, but not decorative plants or certain underground plant parts.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53307. “Ornamental” means any plant which is grown for ornamental purposes, except decorative plants, dormant bulbs, tubers, roots, corms, rhizomes, and pips. (Enacted by Stats. 1967, Ch. 15.)
  41. 53308.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “botanical name” for plants.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53308. “Botanical name” means the genus and species, the genus, species, and cultivar name, or the genus and cultivar name given to a plant in accordance with the International Code of Botanical Nomenclature and the International Code of Nomenclature of Cultivated Plants. (Added by Stats. 1981, Ch. 622, Sec. 1.)
  42. 53309.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Cultivar name” means the cultivated variety name for a plant, as used under the International Code of Nomenclature of Cultivated Plants.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53309. “Cultivar name” means the cultivated variety name given to a plant in accordance with the International Code of Nomenclature of Cultivated Plants, without regard to whether that plant is selected from a wild or cultivated population or produced through hybridization. (Added by Stats. 1981, Ch. 622, Sec. 2.)
  43. 53310.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “blend” as a combination of the same kinds of nursery stock.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53310. “Blend” means a combination of the same kinds of nursery stock. (Added by Stats. 1981, Ch. 622, Sec. 3.)
  44. 53311.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “mixture” as a combination of two or more kinds of nursery stock.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53311. “Mixture” means a combination of two or more kinds of nursery stock. (Added by Stats. 1981, Ch. 622, Sec. 4.)
  45. 53312.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “sod” as grassy surface soil nursery stock held together by matted roots of the grass.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53312. “Sod” means grassy surface soil nursery stock held together by matted roots of the grass. (Added by Stats. 1981, Ch. 622, Sec. 5.)
  46. 53313.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “turf” as a type of grassy surface soil nursery stock used in residential and commercial landscapes.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [53301 - 53313] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 53313. “Turf” means grassy surface soil nursery stock consisting of grass cultivars, mixtures or blends of grass cultivars, and dichondra for use in residential and commercial landscapes. (Added by Stats. 1981, Ch. 622, Sec. 6.)
  47. 53331.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [53331 - 53332] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the Legislature intends nursery stock grades and standards to be organized into a system of minimum requirements, and that an unconstitutional part does not affect the rest 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [53331 - 53332] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 53331. The Legislature hereby declares that by making any additions to or amendments of this chapter it intends to formulate a system of grades and standards and minimum requirements for nursery stock to the end that purchasers of nursery stock may have adequate knowledge concerning the name and the grade size of nursery stock with relation to established standards. If, however, any provisions of, or amendment or addition to, this chapter, either as originally enacted or as amended or added to, should be held to be unconstitutional, the unconstitutionality of such provision shall not affect any other provision of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  48. 53332.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [53331 - 53332] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The Legislature says this chapter should still stand even if part of it is later found unconstitutional.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [53331 - 53332] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 53332. The Legislature hereby declares that it would have enacted each section, subdivision, sentence, clause, or phrase of this chapter irrespective of the fact that one or more other sections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. (Enacted by Stats. 1967, Ch. 15.)
  49. 53361.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Enforcement [53361 - 53363] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director, county commissioners, and their deputies and inspectors must enforce this chapter under the director’s supervision.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Enforcement [53361 - 53363] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 53361. The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director, shall enforce this chapter. (Enacted by Stats. 1967, Ch. 15.)
  50. 53362.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Enforcement [53361 - 53363] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Enforcing officers may enter public or private premises to access nursery stock when carrying 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Enforcement [53361 - 53363] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 53362. For the purpose of carrying out the provisions of this chapter, all enforcing officers may enter upon any public or private premises in order to have access to nursery stock subject to this chapter and the regulations which are adopted pursuant to it. (Enacted by Stats. 1967, Ch. 15.)
  51. 53363.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Enforcement [53361 - 53363] ( Article 3 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.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Enforcement [53361 - 53363] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 53363. If the director or the commissioner shall find that any person has violated any provision of this chapter, he may institute proceedings in a 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 such evidence that may be deemed necessary. (Enacted by Stats. 1967, Ch. 15.)
  52. 53391.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [53391 - 53392] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations needed to carry out this chapter and may issue explanatory data and charts.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [53391 - 53392] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 53391. The director may adopt regulations which may be necessary to carry into effect the purposes of this chapter and each section of it, and may issue in relation to this chapter explanatory data and charts. (Enacted by Stats. 1967, Ch. 15.)
  53. 53392.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [53391 - 53392] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make regulations for nursery stock grade sizes and may require nursery stock to be labeled with those grade sizes.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Regulations [53391 - 53392] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 53392. The director by regulations may provide for grade sizes of the different kinds of nursery stock, and may provide that nursery stock shall be labeled with grade sizes which are established by such regulations. The director may make such other regulations as are necessary to carry out the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  54. 5341.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must maintain plant quarantine inspection stations at places in the state the director considers necessary.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5341. To prevent the introduction into, or the spread within this state, of pests, the director shall maintain at such places within this state as he deems necessary plant quarantine inspection stations for the purpose of inspecting all conveyances which might carry plants or other things which are, or are liable to be, infested or infected with any pest. (Enacted by Stats. 1967, Ch. 15.)
  55. 5341.5.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Drivers bringing agricultural commodities into the state must have the vehicle and shipment inspected and get a certificate at the nearest plant quarantine inspection station, unless an exception applies.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5341.5. (a) Every operator of a motor vehicle entering the state with a shipment of any agricultural commodity shall cause the vehicle and the shipment to be inspected, and shall obtain a certificate of inspection, at the plant quarantine inspection station nearest the point of entry into the state. (b) Failure to obtain the required certificate of inspection shall subject the operator of the vehicle and the registered owner of the vehicle, if a different person or legal entity, to separate civil penalties of not more than two thousand five hundred dollars ($2,500) for each violation. In determining the severity of the penalty to be imposed, the court shall consider any prior violations of the same nature within the preceding 24 months, the commodity being transported, and any evidence, including deviation from normal and usual routes, that the operator of the vehicle intentionally avoided inspection. (c) Inspection shall not be required when the operator of the vehicle would be required to travel a distance of 15 miles or more from normal and usual routes for the particular trip to obtain the required inspection and certification, or when weather conditions or road closures on normal and usual routes prevent travel to the nearest plant quarantine inspection station. (d) Violation of this section is a separate offense from violation of any other provision of this code and proceedings under this section shall not be deemed to prevent separate proceedings for any other offense. (e) Proceedings under this section may be brought by the secretary or, with the secretary’s concurrence, by the district attorney of the county in which the violation occurred. The civil penalty shall be awarded to the agency which brings the enforcement action for use by that agency in enforcing the provisions of this code. (f) The secretary may, by regulation or executive order, as the secretary deems advisable, permit exceptions for certain commodities, areas, and times consistent with the purposes of this division, patterns of local traffic near border areas, and availability of inspection stations. (g) Persons holding a valid permit to transport cattle pursuant to Section 21067 are exempt from this section. (Amended by Stats. 2010, Ch. 344, Sec. 2. (AB 219) Effective January 1, 2011.)
  56. 5342.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Plant quarantine officers may inspect shipment details at inspection stations, and vehicle operators must stop and provide that information when asked.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5342. Plant quarantine officers at plant quarantine inspection stations may ascertain the origin, quantity, and kinds of meat and meat products, poultry and poultry products, eggs, and livestock transported into or out of this state through the stations. The operator of any vehicle which is transporting any such commodity into or out of the state through any plant quarantine inspection station shall stop and give this information upon request to a plant quarantine officer at the plant quarantine inspection station. Such request may be by a sign which is openly displayed at the station or by any other means which is deemed by the director as effective. The director may accept, on behalf of the state, donations of money from any person to defray the costs of the department under this section. Any such money shall be paid into the State Treasury and credited to the Department of Agriculture Fund. The director may limit expenditures under this section relating to livestock to the amounts so donated for this purpose, and shall limit expenditures under this section relating to poultry and poultry products and eggs to the amounts so donated for this purpose. (Enacted by Stats. 1967, Ch. 15.)
  57. 53421.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director or commissioner may issue and enforce a written warning tag or notice to the owner or custodian of nursery stock found in violation, and the nursery stock cannot be moved until there is evidence of compliance.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 53421. The director or the commissioner may issue and enforce a written or printed warning tag or notice to the owner or custodian of any lot of nursery stock which he finds is in violation of any provision of this chapter, which shall prohibit movement of such nursery stock until such officer has evidence that the law has been complied with. Upon compliance such order shall be removed. (Enacted by Stats. 1967, Ch. 15.)
  58. 53422.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not move or otherwise dispose of nursery stock held under a warning tag or notice unless the director or commissioner gives permission and the action is for the specified purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 53422. It is unlawful for any person to move or otherwise dispose of any lot of nursery stock which is held under a warning tag or notice except with the permission of the director or the commissioner and for the purpose specified. (Enacted by Stats. 1967, Ch. 15.)
  59. 53423.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The owner or custodian of nursery stock held under a warning tag or notice can demand a hearing, and may appeal certain 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 53423. The owner or custodian of nursery stock which is held under a warning tag or notice shall, upon demand, have the right of 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 which is made pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)
  60. 53424.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article does not limit an enforcement officer’s right to proceed under other provisions 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 53424. This article shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  61. 53425.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Warning Tags or Notices [53421 - 53425] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 53425. 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.)
  62. 5343.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    The director must ensure conspicuous signs are placed at or near each inspection station to show that the station exists.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5343. The director shall cause conspicuous signs to be erected at or near each inspection station which disclose the existence of the station. (Enacted by Stats. 1967, Ch. 15.)
  63. 5343.5.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At California border inspection stations maintained by the director, a specified notice must be posted conspicuously in large block letters.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5343.5. At any inspection station maintained at or near the California border by the director pursuant to Section 5341, the following sign shall be conspicuously posted in block letters not less than four inches in height: “NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE. IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED. IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY.” (Added by Stats. 1997, Ch. 462, Sec. 1. Effective January 1, 1998.)
  64. 5344.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Vehicle operators must stop at inspection stations and must also stop when ordered by a clearly identified plant quarantine officer or a California Highway Patrol officer for quarantine enforcement.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5344. (a) It is unlawful for the operator of any vehicle to fail to stop the vehicle at an inspection station or to willfully avoid an inspection station. It is also unlawful for the operator to fail to stop either upon demand of a clearly identified plant quarantine officer or upon demand of an officer of the California Highway Patrol, when the officer orders the operator to stop for the purpose of determining whether any quarantine which is established pursuant to any provision of this division is being violated. (b) Notwithstanding Section 5309, a violation of this section is a misdemeanor and grounds for the vehicle to be stopped for inspection. (Amended by Stats. 1984, Ch. 539, Sec. 1.)
  65. 5345.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not drive a vehicle on a California highway if the vehicle was not stopped as required by Section 5344 and the driver knows that violation.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5345. It is unlawful for any person to operate upon any highway in this state any vehicle which, in violation of Section 5344, was not stopped as required by that section, if the person who is operating such vehicle knows of such violation of Section 5344. The violation of this section continues unless and until one of the following occurs: (a) A period of 24 hours has elapsed following the violation of Section 5344. (b) The operator who violated Section 5344 has been apprehended and the vehicle which is involved has been inspected and released from quarantine by any authorized state plant quarantine officer. An operator who is so apprehended does not violate this section by reason of operating the vehicle en route to the closest inspection station immediately following his apprehension for violation of Section 5344, nor does any other person, who operates the vehicle for such purpose, violate this section. (Enacted by Stats. 1967, Ch. 15.)
  66. 53451.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Standards [53451 - 53452] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Sold nursery stock must be living and must not be dead, dying, seriously broken, frozen, damaged, or abnormally potbound.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Standards [53451 - 53452] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 53451. Nursery stock which is sold shall comply with all of the following requirements: (a) It shall be living stock and shall not be dead, or in a dying condition. (b) It shall not be seriously broken, frozen, or damaged. (c) It shall not be abnormally potbound. (Enacted by Stats. 1967, Ch. 15.)
  67. 53452.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Standards [53451 - 53452] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    Sold deciduous fruit and nut trees must be free of specified root, graft, and other defects.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Standards [53451 - 53452] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 53452. Deciduous fruit and nut trees which are sold shall be free from any of the following defects: (a) Twisted, crossed, frosted, broken, or other defective roots. (b) Broken grafts. (c) Other deformations and defects which would interfere with the normal and proper development of such trees after planting. (Enacted by Stats. 1967, Ch. 15.)
  68. 5346.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    This section forbids hiding plants from plant quarantine officers, refusing to present plants or quarantined articles for inspection when asked, and bringing certain outdoor household articles into California from a federally regulated gypsy moth area without the required certification. It also lets the director adopt regulations on the required certification and 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5346. (a) It is unlawful for any person to conceal any plant from any plant quarantine officer or to fail to present it or any quarantined article for inspection at the request of such officer. (b) It is unlawful to move into California any outdoor household article from a federally regulated gypsy moth area unless accompanied by certification that the article has been inspected and does not contain gypsy moth egg masses. The director may adopt regulations to specify the type of certification and inspection required as necessary to carry out this section. (Amended by Stats. 1986, Ch. 468, Sec. 1.)
  69. 5348.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Plant quarantine officers and California Highway Patrol officers may cite people for violations of this article.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5348. Plant quarantine officers, and officers of the California Highway Patrol, are authorized to cite persons for any violation of this article. (Amended by Stats. 1983, Ch. 994, Sec. 3.)
  70. 53481.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. )

    Verify source ↗

    When nursery stock is sold, it must be labeled plainly and legibly, including grade size if regulations require it, and the correct name must be used based on the type of stock.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. ) ## 53481. When nursery stock is sold, it shall be labeled plainly and legibly as to the grade size, if so required by regulations, and as to the correct name as follows: (a) The correct name for ornamentals, except roses, fruit trees, and annual or herbaceous perennial ornamental plants, shall be the botanical name. (b) The correct name for fruit trees shall be the recognized common name and cultivar. (c) The correct name for turf shall be the kind and cultivar. (d) The correct name for roses, annual or herbaceous perennial ornamental plants, dormant bulbs, tubers, roots, corms, rhizomes, pips, and other kinds of nursery stock shall be the cultivar name, except that the recognized common name shall be required whenever no cultivar name has been given or can be determined. (Repealed (by Sec. 7) and added by Stats. 1981, Ch. 622, Sec. 8.)
  71. 53482.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. )

    Verify source ↗

    Nursery stock must be individually labeled with its correct name when it is shipped, delivered, or transported to a purchaser, unless the director creates an exception by regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. ) ## 53482. In order to identify nursery stock properly, whenever it is shipped, delivered, or transported to any purchaser, each plant shall be individually labeled as to the correct name. The director may create exceptions to this section by regulation. (Repealed and added by Stats. 1981, Ch. 622, Sec. 10.)
  72. 53483.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. )

    Verify source ↗

    Nursery stock displayed for retail sale may be labeled with a sign on any block of stock of the same kind and species, and turf must be labeled with a sign showing the required correct name.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. ) ## 53483. Nursery stock on display for sale at retail may be labeled by a sign on any block of stock of the same kind and species. Turf shall be labeled by a sign showing the required correct name of the stock on display. (Repealed and added by Stats. 1981, Ch. 622, Sec. 12.)
  73. 53484.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. )

    Verify source ↗

    Article 7 becomes operative on January 1, 1982.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Labeling [53481 - 53484] ( Article 7 repealed (by Sec. 9) and added by Stats. 1978, Ch. 1202, Sec. 10. ) ## 53484. This article shall become operative January 1, 1982. (Added by Stats. 1978, Ch. 1202. Note: This section prescribes a delayed operative date for Article 7, commencing with Section 53481.)
  74. 5349.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A vehicle operator may not deliberately route a vehicle to avoid passing through a plant quarantine inspection station.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5349. (a) It is unlawful for the operator of a vehicle to intentionally route the vehicle and travel on that route in order to prevent the vehicle from passing through a plant quarantine inspection station. (b) Notwithstanding Section 5309, a violation of this section is a misdemeanor. (Added by Stats. 1984, Ch. 559, Sec. 1.)
  75. 5350.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must run inspection and information programs for conveyances entering California through airports and marine facilities, maintain quarantine inspection stations, and may authorize outside-state inspection and certification in some cases.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5350. (a) The director shall establish a program for the inspection of conveyances entering California through airport and maritime facilities to prevent the introduction into, or the spread within, this state of pests. (b) The director shall maintain plant quarantine inspection stations at points of entry at airports and marine terminals pursuant to Section 5341. (c) The director shall establish a program for the dissemination of information at airports and marine terminals in order to provide the users of the facilities information regarding the pest control and quarantine requirements of this state. (d) The director may authorize the inspection and certification of conveyances outside the state if the director finds that the inspection and certification meets the standards established for in-state inspection and certification programs and, for that purpose, may enter into any agreements necessary with any other state or the federal government. The director may provide that conveyances inspected and certified pursuant to this subdivision are not required to be inspected at California airports or marine terminals. (e) The functions of this section shall be performed by the Division of Plant Industry, Pest Exclusion Branch, of the department, and the duties shall be performed by plant quarantine officers. (Added by Stats. 1990, Ch. 1612, Sec. 3. Effective September 30, 1990.)
  76. 5350.5.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may create a task force, and the task force must develop and implement pest-prevention measures and methods to measure their effectiveness.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5350.5. (a)The director may establish a task force comprised of representatives of the following industries: (1) Air common carriers. (2) Port authorities. (3) Maritime common carriers. (4) Other industries that the director deems appropriate. (b) The goal of this task force shall be to develop and implement a program of preventive measures to reduce the likelihood that pests will be transported into the state aboard aircraft or vessels. The program may include, but is not limited to: (1) Educational materials to warn passengers of the special quarantine and pest exclusion rules and regulations that apply in California. (2) Recommendations of appropriate methods for distributing those educational materials to passengers. (3) Special training for employees of carriers who handle cargo and baggage that may contain pests. (4) Special training and educational materials aimed at enlisting the assistance of passenger ticket agents in educating potential passengers of the special pest exclusion measures in effect at California points of entry. (5) Public announcements to passengers enroute to California regarding the rules and regulations related to transporting pests into the state. (c) The program shall include methods for determining the effectiveness of the preventative measures developed pursuant to this section. (d) The task force shall also develop a program for the purposes of seeking federal funds sufficient to maintain airport pest inspection activities at the same levels as the level maintained during the 1991–92 fiscal year. (Added by Stats. 1992, Ch. 829, Sec. 1. Effective January 1, 1993.)
  77. 5351.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must levy a service charge on each air carrier or foreign air carrier engaged in foreign air commerce, using the schedule set under Section 5353 and only to the extent allowed by federal law.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5351. (a) The director shall levy a service charge, to the extent authorized by subsection (b) of Section 1513 of Title 49 of the United States Code, based on the schedule established pursuant to Section 5353, on each air carrier or foreign air carrier engaged in foreign air commerce, as those terms are defined by Section 5353, for the use of airport facilities for plant and animal pest inspection, quarantine, and eradication. (b) For the purposes of this section, “airport facilities” means those airports owned or operated by any public entity. (Added by Stats. 1990, Ch. 1612, Sec. 4. Effective September 30, 1990.)
  78. 53511.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [53511 - 53512] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful for a person to sell, ship, deliver, or transport nursery stock to a purchaser if the stock is not properly labeled, has false or misleading labeling or advertising, or is falsely represented as certified or registered stock without required compliance.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [53511 - 53512] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 53511. It is unlawful for any person to sell, ship, deliver, or transport to any purchaser any nursery stock which is within any of the following: (a) Is not labeled in accordance with the provisions of this chapter or the regulations of the director. (b) Has false or misleading labeling, or pertaining to which there has been a false or misleading advertisement. (c) Is represented to be certified or registered nursery stock unless it has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official agency. This section does not apply to any common carrier in respect to any nursery stock which is transported or delivered for transportation in the ordinary course of its business as a carrier. (Enacted by Stats. 1967, Ch. 15.)
  79. 53512.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [53511 - 53512] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section makes it unlawful for any person to tamper with nursery stock labels or notices, spread false or misleading nursery stock advertising, obstruct an authorized person, or ignore a warning tag or 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Violations [53511 - 53512] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 53512. It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice which is provided for in this chapter or in the regulations which are adopted pursuant to it, or alter or substitute nursery stock, in a manner that may defeat the purpose of this chapter. (b) Disseminate any false or misleading advertisement concerning nursery stock in any manner or by any means. (c) Hinder or obstruct in any way any authorized person in the performance of his duties under this chapter. (d) Fail to comply with a warning tag or notice. (Enacted by Stats. 1967, Ch. 15.)
  80. 5352.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must levy a fee on commercial marine carriers for marine terminal facilities used for plant and animal pest inspection, quarantine, and eradication, and must identify and establish a list of countries believed to be potential sources of exotic plant and animal pests.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5352. To the extent permitted by federal law, the director shall levy a fee on commercial marine carriers, based on the schedule established pursuant to Section 5353, for the use of marine terminal facilities for plant and animal pest inspection, quarantine, and eradication. The director shall identify and establish a list of countries which the director has reason to believe are potential sources of exotic plant and animal pests. (Added by Stats. 1990, Ch. 1612, Sec. 5. Effective September 30, 1990.)
  81. 5353.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain foreign air and marine carriers must pay specified fees, keep records for inspection, and may face monthly penalties for nonpayment.

    ## 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 5. Quarantine Regulations and InspectionStations [5301 - 5353] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Plant Quarantine Inspection Stations [5341 - 5353] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5353. (a) Each air carrier or foreign air carrier engaged in foreign air commerce which carries animals or plants or other materials which are, or are likely to be, infected or infested with any pest shall pay a charge of eighty-five dollars ($85) to the director upon the initial landing in this state of each flight of the carrier which originates outside the United States. (b) Each commercial marine carrier engaged in foreign commerce which carries animals or plants or other materials which are, or are likely to be, infected or infested with any pest shall pay a fee of two hundred dollars ($200) to the director upon the initial arrival in this state of the carrier on a voyage which originated outside the United States from a country identified and listed by the director pursuant to Section 5352, or which made an intermediate stop on that voyage in a country identified and listed by the director pursuant to Section 5352. (c) Each such carrier shall maintain records, which shall be subject to inspection by the director, and pay the charges and fees prescribed by this section in accordance with a procedure adopted by the director, by regulation. (d) Each such carrier who fails to pay the charges and fees required pursuant to this section and the regulations adopted pursuant to this section is subject to a penalty of 2 percent on the amount of the unpaid charge or fee for each month, or portion thereof, that the charges or fees are not paid. (e) The charges and fees collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund and shall be used by the director for the purposes of this section and Section 5350. (f) The director may, by regulation, increase or decrease any of the charges or fees prescribed in subdivision (a) or (b) upon determining that the revenue received is inadequate or in excess of the amount needed to conduct an effective inspection program. The maximum adjusted charge or fee shall not exceed three times the amount of the charge or fee specified in subdivision (a) or (b). (g) The director may contract with federal and state agencies and with county agricultural commissioners to assist the director in carrying out the purposes of this section and Section 5350. (h) The regulations adopted by the director pursuant to this section shall be deemed to relate to rates for purposes of Section 11343 of the Government Code and are not subject to review, approval, or disapproval by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (i) “Air carrier,” “foreign air carrier,” and “foreign air commerce”, as used in this section, and Section 5351 shall have the same meaning as specified in subsections (3), (22), and (23), respectively, of Section 1301 of Title 49 of the United States Code. (Added by Stats. 1990, Ch. 1612, Sec. 6. Effective September 30, 1990.)
  82. 53541.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Penalties [53541- 53541.] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating any provision of this chapter is a misdemeanor and can result in a $100 to $1,000 fine, jail for up to 6 months, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Penalties [53541- 53541.] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 53541. The violation of any provision of this chapter is a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 122. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  83. 53561.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A nursery stock lot that does not comply with this chapter is treated as a public nuisance and may be seized after a complaint by the director or commissioner to a court in the area where the stock is located.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 53561. Any lot of nursery stock which does not comply with the provisions of this chapter is a public nuisance and shall be subject to seizure on complaint of the director or the commissioner to a court of competent jurisdiction in the area in which the nursery stock is located. (Enacted by Stats. 1967, Ch. 15.)
  84. 53562.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The district attorney must bring a civil action to abate and prevent a nuisance when requested by the director or commissioner, and the court may order the nuisance condemned, destroyed, relabeled, reconditioned, or released with 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 53562. The district attorney of the county in which any such nuisance is found, at the request of the director or the commissioner, 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, or reconditioned, or released upon such conditions as the court in its discretion may impose to insure the nuisance will be abated. (Amended by Stats. 1967, Ch. 26.)
  85. 53563.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an owner does not comply with a court order in time, the court may order the nursery stock destroyed or the nuisance otherwise abated.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 53563. If the owner fails to comply with the order of the court within the time specified in the order, the court may order that such nursery stock be forthwith destroyed or the nuisance otherwise abated as set forth in such order. (Enacted by Stats. 1967, Ch. 15.)
  86. 53564.

    ## Food and Agricultural Code - FAC ## DIVISION 18. FIELD CROPS, SEEDS, SEED POTATOES, ONE-VARIETY COTTON DISTRICTS, AND NURSERY STOCK GRADES AND STANDARDS [52001 - 53564] ( Division 18 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A proceeding under this article is a limited civil case if the 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 5. Nursery Stock Grades and Standards [53301 - 53564] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Abatement [53561 - 53564] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 13. (SB 71) Effective January 1, 2024.)
  87. 54001.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( 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 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54001. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  88. 54002.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Association” means a corporation organized under this chapter, and such an association is also deemed to be incorporated, organized, and a producer under the chapter if it is functioning under or subject to the chapter’s provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54002. “Association” means any corporation which is organized pursuant to this chapter. An association shall be deemed incorporated pursuant to this chapter, or organized pursuant to this chapter and shall be deemed a producer of a product within the meaning of this chapter, if it is functioning under, or is subject to, the provisions of this chapter, irrespective of whether it was originally incorporated pursuant to such provisions or was incorporated under other provisions. (Enacted by Stats. 1967, Ch. 15.)
  89. 54003.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “member” to include members of associations without capital stock and holders of common stock in share-based associations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54003. “Member” includes members of associations without capital stock and holders of common stock in associations which are organized with shares of stock. (Enacted by Stats. 1967, Ch. 15.)
  90. 54004.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Product” includes a listed set of agricultural and related products.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [54001 - 54004] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54004. “Product” includes any horticultural, viticultural, aquacultural, forestry, dairy, livestock, poultry, bee, or farm product. (Amended by Stats. 1995, Ch. 810, Sec. 13. Effective January 1, 1996.)
  91. 5401.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain pest-infected or pest-infested premises, plants, conveyances, and things are treated as a public nuisance.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5401. Any premises, plants, conveyances or things which are infected or infested with any pest, or premises where any pest is found, are a public nuisance, and shall be prosecuted as such in all actions and proceedings. All remedies which are given by law for the prevention and abatement of a nuisance apply to such a public nuisance. (Enacted by Stats. 1967, Ch. 15.)
  92. 5402.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not maintain the public nuisance described by this section.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5402. It is unlawful for any person to maintain such a public nuisance. The remedies which are provided by this article are in addition to any other remedy by way of abatement which is provided in this division. (Enacted by Stats. 1967, Ch. 15.)
  93. 5403.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a public nuisance is not abated within the time stated in the notice, the commissioner must abate it by eradicating, controlling, or destroying the 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5403. If, after service of notice pursuant to this chapter a public nuisance is not abated within the time which is specified in the notice, the commissioner shall abate the nuisance by eradicating, controlling, or destroying the pest. (Enacted by Stats. 1967, Ch. 15.)
  94. 54031.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter states its purpose: to encourage orderly marketing of agricultural products through cooperation, reduce speculation and waste, make distribution more direct where efficient, and stabilize marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54031. The purpose of this chapter is to do all of the following: (a) Promote, foster, and encourage the intelligent and orderly marketing of agricultural products through cooperation. (b) Eliminate speculation and waste. (c) Make the distribution of agricultural products between producer and consumer as direct as can be efficiently done. (d) Stabilize the marketing of agricultural products. (Enacted by Stats. 1967, Ch. 15.)
  95. 54032.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states legislative findings about agriculture, farmers, and the public interest in supporting efficient agricultural production and marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54032. The following are all here recognized: (a) Agriculture is characterized by individual production in contrast to the group or factory system that characterizes other forms of individual production. (b) The ordinary form of corporate organization permits industrial groups to combine for the purpose of group production and the ensuing group marketing, and the public has an interest in permitting farmers to bring their industry to the high degree of efficiency and merchandising skill evidenced in the manufacturing industries. (c) The public interest urgently needs to prevent the migration from the farm to the city in order to keep up farm production and to preserve the agricultural supply of the nation. (d) The public interest demands that the farmer be encouraged to attain a superior and more direct system of marketing in the substitution of merchandising for the blind, unscientific, and speculative selling of crops. (Enacted by Stats. 1967, Ch. 15.)
  96. 54033.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Associations organized under this chapter are treated as nonprofit associations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54033. Associations which are organized pursuant to this chapter are “nonprofit,” since they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers. (Enacted by Stats. 1967, Ch. 15.)
  97. 54034.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Laws that conflict with this chapter do not apply to associations covered by the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54034. Any provisions of law which are in conflict with this chapter do not apply to any association which is provided for in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  98. 54035.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An existing exemption for agricultural products in a producer’s possession or control also applies to the same products when delivered by farmer members and held by the association.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54035. Any exemption under any existing law which applies to any agricultural product in the possession, or under the control, of the individual producer, shall apply similarly and completely to such product which is delivered by its farmer members that are in the possession, or under the control, of the association. (Enacted by Stats. 1967, Ch. 15.)
  99. 54036.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain persons and business entities doing business in this state may not use “cooperative” in a corporate or business name for producers’ cooperative marketing activities unless they comply with this chapter or are otherwise authorized.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54036. A person, firm, corporation, or association, that is hereafter organized or doing business in this state, may not use the word “cooperative” as part of its corporate name or other business name or title for producers’ cooperative marketing activities, unless it has complied with this chapter or is otherwise authorized by Chapter 22 (commencing with Section 26220) of Division 10 of the Business and Professions Code. (Amended by Stats. 2017, Ch. 27, Sec. 111. (SB 94) Effective June 27, 2017.)
  100. 54037.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain qualifying cooperative-marketing corporations or associations are treated as organized under this chapter, and this chapter’s provisions, restrictions, and benefits apply to them.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54037. Any corporation or association which is organized pursuant to previously existing statutes for the purpose of cooperatively marketing products as defined in this chapter or under Title 23 (commencing with Section 653aa), Part 4, Division 1 of the Civil Code shall be deemed to be organized and existing pursuant to, and by virtue of, this chapter, and all of the provisions of this chapter, and any of the restrictions and benefits of such provisions, shall apply to such corporation. (Enacted by Stats. 1967, Ch. 15.)
  101. 54038.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Associations organized under this chapter are not treated as conspiracies, restraints of trade, illegal monopolies, or similar anti-competitive combinations described here.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54038. Any association which is organized pursuant to this chapter is not any of the following: (a) A conspiracy, a combination in restraint of trade, or an illegal monopoly. (b) An attempt to lessen competition, to fix prices arbitrarily, or to create a combination or pool in violation of any law of this state. (Enacted by Stats. 1967, Ch. 15.)
  102. 54039.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain marketing contracts and agreements for covered cooperative associations are not treated as illegal or as restraints of trade.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54039. The marketing contracts and agreements between an association which is organized pursuant to this chapter and its members and any agreements authorized in this chapter are not illegal, in restraint of trade, or contrary to any statute which is enacted against pooling or combinations. (Enacted by Stats. 1967, Ch. 15.)
  103. 5404.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may immediately abate a nuisance involving cotton in urgent cases, and must take summary abatement action against cotton that violates a planting date in a host-free period.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5404. (a) If, after service of the notice pursuant to this chapter, the commissioner determines that the nuisance constitutes an immediate hazard to adjoining or nearby property, and that great or irreparable injury would result from delay until expiration of the time required by law for constructive notice, he or she may forthwith abate the nuisance by eradicating, controlling, or destroying the pest. (b) For purposes of this section, cotton, which is being produced in violation of a host-free period declared pursuant to Article 5 (commencing with Section 5781) of Chapter 8 of this part, is a nuisance. (c) The commissioner shall take summary abatement action against any cotton found in violation of a planting date established as part of a host-free period. The person producing the cotton shall be given not more than 48 hours to commence abatement of the nuisance and shall be given not more than five days to complete abatement. (d) If the person producing the cotton fails to commence and complete abatement within the time specified by the commissioner pursuant to subdivision (c), the commissioner shall abate the nuisance by disking to a depth of six inches. The person who produced the cotton shall pay 150% of all costs associated with the commissioner’s abatement of the nuisance. (e) The commissioner may request that the district attorney assist him or her in expediting summary abatements pursuant to this section. (Amended by Stats. 1984, Ch. 995, Sec. 1. Effective September 11, 1984.)
  104. 54040.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Associations organized under this chapter must follow the General Corporation Law, except where it conflicts with this chapter’s express provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54040. The General Corporation Law (Division 1 (commencing with Section 100) of Title 1 of the Corporations Code) as added by Chapter 682 of the Statutes of 1975 and as heretofore or hereinafter amended and all powers and rights under such law applies to each association which is organized pursuant to this chapter, except where such provisions are in conflict with or inconsistent with the express provisions of this chapter. For the purpose of associations organized without shares of stock, the members shall be deemed to be “shareholders” as the term is used in the General Corporation Law. (Amended by Stats. 1978, Ch. 586.)
  105. 54041.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says certain proprietary interests in qualifying associations are not governed by the cited escheat chapter, and may become the association’s property if the notice and objection requirements are met.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54041. (a) Subject to subdivision (c), Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure does not apply to any proprietary interest in an association organized in accordance with this chapter. Any proprietary interest that would otherwise escheat to the state pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure shall instead become the property of the association. (b) This section shall apply to all proprietary interests which as of January 1, 1988, have not yet been paid or delivered to the Controller pursuant to the provisions of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (c) Notwithstanding subdivision (a), no proprietary interest shall become the property of the association under this section unless all of the following requirements are satisfied: (1) At least 60 days prior notice of the proposed transfer of the proprietary interest to the association is given to the affected member by first-class or certified mail to the last address of the member shown on the association’s records, and by publication in a newspaper of general circulation in the county in which the member last resided as shown on the association’s records. Notice given in that manner constitutes actual notice. (2) No written notice objecting to the transfer is received by the association from the affected member or, if the member is deceased, from the member’s heirs or the executor or executrix of the estate, prior to the date of the proposed transfer. (d) “Proprietary interest” means and includes any membership, membership certificate, membership share, share certificate, or equity or dividend certificate of any class representing a proprietary interest in, and issued by, the association together with all accrued and unpaid earnings, dividends, and patronage distributions relating thereto. (Added by Stats. 1987, Ch. 152, Sec. 2. Effective July 10, 1987.)
  106. 54042.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A qualifying association may ask the county board of supervisors for a certificate, and the board must issue it if the listed conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [54031 - 54042] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54042. (a) An association organized pursuant to this chapter may request the board of supervisors of the county in which the association’s principal place of business is located to issue a certificate stating that the association meets the requirements of subdivision (b). When the certificate is provided by the board of supervisors to the association, the Franchise Tax Board shall exempt the association from the minimum franchise tax as provided in paragraph (2) of subdivision (c) of Section 23153 of the Revenue and Taxation Code. (b) The board of supervisors shall issue a certificate if all of the following conditions are met: (1) The association is located in an economically distressed area. (2) At least 90 percent of the association’s members are, or have been, within the previous 12 months unemployed or dependent on public social services for their income. (3) The request is made during the association’s first income year. (c) The certificate issued by the board of supervisors shall be retained by the association. The association shall forward a copy of the certificate to the Franchise Tax Board upon request. (d) As used in this section, “economically distressed area” means a county in which the unemployment rate is either 9 percent, or 2 percent above the statewide average, whichever is greater; or in which 8 percent of the residents are dependent on public social services for their income, or 2 percent more of the residents than the statewide average are dependent on public social services for their income, whichever is greater. (Added by Stats. 1994, Ch. 427, Sec. 1. Effective September 7, 1994.)
  107. 5405.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county board of supervisors may authorize the commissioner to make pest-eradication, destruction, or control contracts for infected or infested property.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Authority [5401 - 5405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5405. The board of supervisors of any county may authorize the commissioner to contract with any state or federal agency, public corporation for municipal purposes, or person that owns, controls, or administers within the county any property or premises which are infected or infested with any pest, to eradicate, destroy, or control it on such property or premises. The contract shall not impose any cost or obligation on the county, unless the imposition of the cost or obligation upon the county is authorized by the board of supervisors. (Enacted by Stats. 1967, Ch. 15.)
  108. 54061.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purposes [54061- 54061.] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Three or more qualifying natural persons, with a majority resident in the state, may form an association under this chapter to carry out specified agricultural and related activities.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Purposes [54061- 54061.] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 54061. Three or more natural persons, a majority of whom are residents of this state, who are engaged in the production of any product, may form an association pursuant to this chapter for the purpose of engaging in any activity in connection with any of the following: (a) The production, marketing, or selling of the products of its members. (b) The harvesting, preserving, drying, processing, canning, packing, grading, storing, handling, shipping, or utilization of any product of its members, or the manufacturing or making of the byproducts of any product of its members. (c) The manufacturing, selling, or supplying to its members of machinery, equipment or supplies. (d) The financing of the activities which are specified by this section. (e) Any one or more of the activities which are specified in this section. (Enacted by Stats. 1967, Ch. 15.)
  109. 54081.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Articles of Incorporation [54081 - 54083] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Articles of incorporation for a nonprofit cooperative association must include specified organizational details.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Articles of Incorporation [54081 - 54083] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 54081. The articles of incorporation of the association shall show that the signers of the articles of incorporation are engaged in the production of products, and that they propose to incorporate an association pursuant to this chapter, and shall state all of the following: (a) The name of the association. (b) The purposes for which it is formed. (c) The county where the principal office for the transaction of business of the association is to be located. (d) The number of directors of the association, which shall not be less than three, and the names and addresses of the persons who are to serve as first directors. If it is desired that the first directors shall serve for terms of different length, the term for which each person so named shall serve shall also be stated. (e) If organized without shares of stock, whether the voting power and the property rights and interest of each member are equal or unequal. If voting power and property rights and interest of each member are unequal, the general rule or rules which are applicable to all members by which the voting power and the property rights and interests, respectively, of each member may be and are determined and fixed shall also be stated. (f) If organized with shares of stock, the number of shares which may be issued and if the shares are to have a par value, the par value of each share, and the aggregate par value of all shares. If the shares are to be without par value it shall be so stated. If the shares of stock are to be classified, a description of the classes of shares and a statement of the number of shares of each kind or class and the nature and extent of the preferences, rights, privileges, and restrictions which are granted to or imposed upon the holders of the respective classes of stock. Except as to the matters and things so stated, no distinction shall exist between the classes of stock or the holders of them. One class of stock shall always be known as common stock and voting power may be restricted to holders of common stock. (Enacted by Stats. 1967, Ch. 15.)
  110. 54082.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Articles of Incorporation [54081 - 54083] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Articles of incorporation must be signed, acknowledged, and filed in the manner required by the general laws of this state for domestic corporations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Articles of Incorporation [54081 - 54083] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 54082. Articles of incorporation shall be signed, acknowledged, and filed in the manner which is prescribed by the general laws of this state for domestic corporations. (Enacted by Stats. 1967, Ch. 15.)
  111. 54083.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Articles of Incorporation [54081 - 54083] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may amend its articles of incorporation as authorized by the General Corporation Law.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Articles of Incorporation [54081 - 54083] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 54083. The articles of incorporation of any association may be amended in the manner and for the purposes which are authorized by the General Corporation Law, Division 1 (commencing with Section 100), Title 1 of the Corporations Code. (Enacted by Stats. 1967, Ch. 15.)
  112. 54111.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Each association must adopt bylaws within 30 days after incorporation, and those bylaws must not conflict with this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54111. Each association shall, within 30 days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with this chapter. The vote or written assent of shareholders or members that hold at least a majority of the voting power is necessary to adopt such bylaws and is effectual to repeal or amend any bylaws, or to adopt additional bylaws. The power to repeal and amend the bylaws, and adopt new bylaws, may, by a similar vote, or similar written assent, be delegated to the board of directors, which authority may, by a similar vote, or similar written assent, be revoked. (Enacted by Stats. 1967, Ch. 15.)
  113. 54112.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set when, where, and how meetings are called and run. Member or stockholder meetings follow the bylaws or a fallback location rule. Board meetings may be held anywhere inside or outside the state if a quorum fixes the place, unless the articles or bylaws say otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54112. The bylaws may prescribe the time, place, and manner of calling and conducting its meetings. Meetings of members or stockholders shall be held at the place as provided in the bylaws; and if no provision be made, then in the city where the principal place of business is located at a place designated by the board of directors. Meetings of the board of directors may be held at any place within or without the state which is fixed by a quorum of the board of directors unless otherwise provided in the articles of incorporation or bylaws. (Enacted by Stats. 1967, Ch. 15.)
  114. 54113.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set how many stockholders or members make a quorum.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54113. The bylaws may prescribe the number of stockholders or members which constitutes a quorum. (Enacted by Stats. 1967, Ch. 15.)
  115. 54114.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set how members or stockholders vote by proxy or mail, and may address cumulative voting.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54114. The bylaws may prescribe the right of members or stockholders to vote by proxy or by mail or both, and the conditions, manner, form, and effects of such votes; the right of members or stockholders to cumulate their votes and the prohibition, if desired, of cumulative voting. (Enacted by Stats. 1967, Ch. 15.)
  116. 54115.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set how many directors are needed for a quorum.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54115. The bylaws may prescribe the number of directors which constitutes a quorum. (Enacted by Stats. 1967, Ch. 15.)
  117. 54116.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Bylaws may set director and officer terms and election timing; director counts in articles or bylaws must follow minimum/maximum limits, and changes after issuance or admission need required approval.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54116. (a) The bylaws may prescribe the qualifications, compensation, duties, and term of office of directors and officers and the time of their election. (b) The number of directors set forth in the articles of incorporation shall be either a fixed number or a variable number. If a fixed number, it shall not be less than three, and if a variable number, the stated minimum shall not be less than three and the stated maximum shall not be greater than two times the stated minimum minus one. (c) The number of directors may also be set forth in the bylaws either as a fixed number or as a variable number subject to the same limitations as in subdivision (b). After shares have been issued or members have been admitted, any adoption or amendment of such bylaw provision shall be approved by the outstanding shares as provided in Section 152 of the Corporations Code. (d) In the event of an inconsistency between an article provision referred to in subdivision (b) and a bylaw provision referred to in subdivision (c), the provision more recently adopted or amended shall prevail. (e) If a variable number of directors is set forth in the articles of incorporation or the bylaws, the exact number of directors shall be fixed, within the limits specified, by approval of the board of directors or the shareholders as provided in Section 153 of the Corporations Code in the manner designated in the bylaws. (Amended by Stats. 1978, Ch. 586.)
  118. 54117.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set penalties for violating the bylaws.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54117. The bylaws may prescribe penalties for violations of the bylaws. (Enacted by Stats. 1967, Ch. 15.)
  119. 54118.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set entrance, organization, and membership fees, how those fees are collected, and what they may be used for.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54118. The bylaws may prescribe the amount of entrance, organization, and membership fees, if any; the manner and method of collection of such fees; and the purposes for which they may be used. (Enacted by Stats. 1967, Ch. 15.)
  120. 54119.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set member or stockholder payments, service charges, payment timing and collection methods, and may require signing a marketing contract.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54119. The bylaws may prescribe the amount which each member or stockholder shall be required to pay annually, or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services which are rendered by the association to him and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign. (Enacted by Stats. 1967, Ch. 15.)
  121. 54120.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Bylaws may set dividend amounts, but dividends paid from member-related surplus may not exceed 8% per year.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54120. The bylaws may prescribe the amount of any dividends that may be declared on the stock or membership capital. To the extent that dividends are payable out of the excess of association income over association expenses attributable to business transacted with or for members, dividends shall not exceed 8 percent per annum. Dividends are in the nature of interest, and do not affect the nonprofit character of any association that is organized pursuant to this chapter. (Amended by Stats. 1997, Ch. 46, Sec. 1. Effective January 1, 1998.)
  122. 54121.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may set membership and stock ownership rules for the association.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54121. The bylaws may prescribe the number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members, and of the shares of common stock; the conditions upon which, and time when, membership of any member shall cease; the automatic supsension of the rights of a member when he ceases to be eligible to membership in the association; and the mode, manner, and effect of the expulsion of a member. (Enacted by Stats. 1967, Ch. 15.)
  123. 54122.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Bylaws may set how a member’s interest is valued and bought out, and if a member is expelled without a bylaw procedure or penalty, the board must appraise the interest and the association must pay the amount within one year.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bylaws [54111 - 54122] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 54122. The bylaws may prescribe the manner of determining the value of a member’s interest and provision for its purchase by the association upon the death or withdrawal of a member or upon the expulsion of a member or forfeiture of his membership, or at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors; and the conditions and terms for the repurchase by the association from its stockholders of their stock upon their disqualification as stockholders. In case of the expulsion of a member, and where the bylaws do not provide any procedure or penalty, the board of directors shall equitably and conclusively appraise his property interest in the association and shall fix the amount of his property interest in money, which shall be paid to him within one year after such expulsion. (Enacted by Stats. 1967, Ch. 15.)
  124. 54141.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The association’s affairs must be managed by a board with at least three directors elected by the members or stockholders.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54141. The affairs of the association shall be managed by a board of not less than three directors who are elected by the members or stockholders. (Enacted by Stats. 1967, Ch. 15.)
  125. 54142.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may divide members’ territory into districts and allow directors to be elected from those districts.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54142. The bylaws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from the several districts. In any such case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. (Enacted by Stats. 1967, Ch. 15.)
  126. 54143.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may allow primary elections to nominate directors, and if districts are used, may make those election results final subject to ratification at the annual meeting.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54143. The bylaws may provide that primary elections shall be held to nominate directors. If the bylaws provide that the territory in which the association has members shall be divided into districts, the bylaws may also provide that the results of the primary elections in the various districts shall be final and shall be ratified at the annual meeting of the association. (Enacted by Stats. 1967, Ch. 15.)
  127. 54144.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may divide the association’s member territory into districts and set up director elections by representatives or advisers elected from those districts.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54144. The bylaws may provide that the territory in which the association has members shall be divided into districts, and that the directors shall be elected by representatives or advisers, who themselves have been elected by the members or stockholders from the several territorial districts. In any such case, the bylaws shall specify the number of representatives or advisers to be elected by each district, the manner and method of reapportioning the representatives or advisers and of redistricting the territory which is covered by the association. (Enacted by Stats. 1967, Ch. 15.)
  128. 54145.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Bylaws may allow certain directors to be chosen by a public official, a commission, or other directors selected by the members; those directors must represent the general public, have the same powers and rights as other directors, and may not exceed one-fifth of the board.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54145. The bylaws may provide that one or more directors may be chosen by any public official or commission or by the other directors selected by the members. Such director shall represent primarily the interest of the general public in such associations. The directors so chosen shall have the same powers and rights as other directors. Such directors shall not number more than one-fifth of the entire number of directors. (Enacted by Stats. 1967, Ch. 15.)
  129. 54146.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws may create an executive committee and may give it some or all of the board of directors’ functions and powers, while the board keeps general direction and control.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54146. The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board. (Enacted by Stats. 1967, Ch. 15.)
  130. 54147.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may pay fair remuneration for time actually spent by its officers and directors in service, and for service by members of its executive committee.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54147. An association may provide a fair remuneration for the time which is actually spent by its officers and directors in its service and for the service of the members of its executive committee. (Enacted by stats. 1967, Ch. 15.)
  131. 54148.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a board vacancy occurs before a term ends, the remaining directors must fill it by majority vote unless the bylaws require district elections.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54148. If a vacancy on the board of directors occurs except by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy unless the bylaws provide for an election of directors by districts. If the bylaws provide for an election of directors by districts, the vacancy shall be filled by the election of a director from the district in which the vacancy occurs or the board of directors may call a special meeting of the members or stockholders in that district to fill the vacancy. (Enacted by Stats. 1967, Ch. 15.)
  132. 54149.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The directors must elect the cooperative’s officers, and some offices may be combined except president and secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54149. The directors shall elect a president, one or more vice presidents, a secretary, a treasurer, and such other officers as may be prescribed by the bylaws. Any two or more offices, except those of president and secretary, may be held by the same person. The treasurer may be a bank or any depository and as such, shall not be considered as an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board of directors. (Amended by Stats. 1967, Ch. 107.)
  133. 54150.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Members may bring written charges against an officer or director, but removal requires a signed petition and a vote at the association meeting.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Directors and Management [54141 - 54150] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 54150. Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition which is signed by five percent of the members, which requests the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer, against whom such charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses. The person bringing the charges against him shall have the same opportunity. If the bylaws provide for election of directors by districts with primary elections in each district, the petition for removal of a director shall be signed by 20 percent of the members that reside in the district from which such director was elected. The board of directors shall call a special meeting of the members that reside in that district to consider the removal of the director; and by a vote of the majority of the members of that district, the director in question shall be removed from office. (Enacted by Stats. 1967, Ch. 15.)
  134. 54171.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may carry out a wide range of activities related to members’ agricultural products and related supplies or equipment.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54171. An association may engage in any activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or utilization of any product which is produced or delivered to it by its members; or the manufacturing or marketing of the byproducts of any such product; or any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment, or in the financing of any such activities; or in any one or more of the activities which are specified in this section. (Enacted by Stats. 1967, Ch. 15.)
  135. 54172.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may borrow without limit on corporate indebtedness or liability and may make advances to members.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54172. An association may borrow without limitation as to amount of corporate indebtedness or liability and may make advances to members. (Enacted by Stats. 1967, Ch. 15.)
  136. 54173.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may act as the agent or representative of its members for activities covered by Sections 54171 or 54172.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54173. An association may act as the agent or representative of any member or members in any of the activites which are mentioned in Section 54171 or 54172. (Enacted by Stats. 1967, Ch. 15.)
  137. 54174.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may buy, hold, sell, transfer, pledge, or otherwise deal in certain shares or bonds tied to related businesses and products it handles.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54174. An association may purchase or otherwise acquire, hold, own, and exercise all rights of ownership in, sell, transfer, pledge, or guarantee the payment of dividends or interest on, or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association which is engaged in any related activity or in the warehousing, handling, marketing, packing, manufacturing, processing, or preparing for market of any product which is handled by the association. (Enacted by Stats. 1967, Ch. 15.)
  138. 54175.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may create reserves and invest reserve funds in bonds or other property allowed by its bylaws.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54175. An association may establish reserves and invest the funds of the reserves in bonds or in such other property as may be provided in the bylaws. (Enacted by Stats. 1967, Ch. 15.)
  139. 54176.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may buy, hold, and exercise ownership rights over real or personal property needed or convenient for its business.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54176. An association may buy, hold, and exercise all privileges of ownership, over such real or personal property as may be necessary or convenient for the conduct and operation of, or incidental to, any of the business of the association. (Enacted by Stats. 1967, Ch. 15.)
  140. 54177.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may levy assessments if its bylaws provide for the manner and amount.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54177. An association may levy assessments in the manner and in the amount as may be provided in its bylaws. (Enacted by Stats. 1967, Ch. 15.)
  141. 54178.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may do anything needed or proper to achieve its purposes, including contracting and exercising related powers and privileges, unless inconsistent with this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54178. An association may do each and every thing which is necessary, suitable, or proper for the accomplishment of any one of the purposes, or the attainment of any one or more of the objects, which are enumerated in this article; or conducive to or expedient for the interest or benefit of the association; and contract accordingly; exercise and possess all powers, rights, and privileges which are necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and, in addition, any other rights, powers, and privileges which are granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter; and do any such thing anywhere. (Enacted by Stats. 1967, Ch. 15.)
  142. 54179.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may use its facilities for any purpose, but the proceeds must reduce members’ operating costs and the value of goods or services provided to nonmembers must not exceed what is provided to members in the same period.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54179. An association may use or employ any of its facilities for any purpose, provided the proceeds which arise from such use and employment shall go to reduce the cost of operation for its members. The products which are handled for, or the services, machinery, equipment, or supplies or facilities which are furnished to, nonmembers shall not, however, exceed in value the products which are handled for, or the services, merchandise, or facilities which are supplied to, members during the same period. (Enacted by Stats. 1967, Ch. 15.)
  143. 54180.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may form or control other corporations, warehousing corporations may issue warehouse receipts, and corporations formed under this section may merge or consolidate.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54180. An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, with or without capital stock, which is engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of any product which is handled by the association, or the byproducts of any such product. If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities which are delivered by it, or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity which they represent. If such warehouse is licensed or licensed and bonded pursuant to the laws of this state or the United States, its warehouse receipt which is delivered to the association on any commodity of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association. Any two or more corporations which are organized pursuant to this section may be merged into one such constituent corporation or consolidated into a new corporation, such merger or consolidation to be made in the manner that is prescribed by the general laws of the state which cover domestic corporations. (Enacted by Stats. 1967, Ch. 15.)
  144. 54181.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Associations may, with board approval or mutual agreement, make contracts and share personnel, methods, means, and agencies to run their businesses more economically.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54181. Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts and arrangements with any other cooperative or other corporation, or association, which is formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part of its business. Any two or more associations may, by agreement between them, unite in employing and using, or may separately employ and use, the same personnel, methods, means, and agencies for carrying on and conducting their respective business. (Enacted by Stats. 1967, Ch. 15.)
  145. 54182.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain cooperative associations may assert a producer’s rights when acting for members in dealings with licensed persons, subject to a specific late-charge exception.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Powers [54171 - 54182] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 54182. (a) Any association organized and operating pursuant to this chapter or pursuant to similar laws of any other state, the District of Columbia, or the United States, which acts for its members as a producer marketing or bargaining association in its dealings with a person licensed pursuant to Chapter 6 (commencing with Section 55401) or Chapter 7 (commencing with Section 56101) in connection with any product produced by its members, may, either in its own name or in the name of its members, assert all the rights of a producer under either of these chapters with respect to any of those products. (b) Subdivision (a) does not apply to any late charges claimed under Section 55881 on any agricultural products delivered or scheduled to be delivered prior to January 1, 1986. (Added by Stats. 1989, Ch. 835, Sec. 2.)
  146. 54201.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association is exempt from the Corporate Securities Law and may issue membership certificates, stock, or other securities under this chapter without qualifying under that law.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 54201. An association is not subject in any manner to the terms of the Corporate Securities Law, Division 1 (commencing with Section 25000), Title 4 of the Corporations Code, and any association may issue its membership certificates or stock or other securities as provided in this chapter without the necessity of any qualification under that law. (Amended by Stats. 1968, Ch. 88.)
  147. 54202.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an association issues nonpar value stock, that issuance must follow the general laws that apply to nonpar value stock in domestic corporations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 54202. If an association issues nonpar value stock, the issuance of such stock shall be governed by the terms of all general laws which cover the issuance of nonpar value stock in domestic corporations. (Enacted by Stats. 1967, Ch. 15.)
  148. 54203.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association with preferred shares may pay for purchased stock, property, or property interests by issuing preferred shares instead of cash, if the share value equals the fair market value as set by the board of directors.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 54203. If an association with preferred shares of stock purchases the stock or any property, or any interest in any property of any person, it may discharge the obligations which are so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest which is purchased is equivalent to payment in cash for the shares of stock which are issued. (Enacted by Stats. 1967, Ch. 15.)
  149. 54204.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Associations must send members an annual report within 120 days after year-end unless bylaws excuse it, and must provide interim reports if the bylaws require them.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Financial Provisions [54201 - 54204] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 54204. The board of directors of every association shall cause to be sent to the members of the association not later than 120 days after the close of the fiscal or calendar year an annual report of the operations of the association, unless such report is expressly dispensed with in the bylaws. If required by the bylaws, interim reports of the operations of the association for the three month, six month, or nine month periods of the current fiscal year of the association shall be furnished to the members of the association. Such annual report and any such interim reports shall include a balance sheet as of such closing date. Such financial statement shall be prepared from, and be in accordance with, the books. It shall be prepared in a form which is sanctioned by sound accounting practice for the association or approved by a duly certified public accountant or a public accountant. (Amended by Stats. 1978, Ch. 586.)
  150. 5421.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the commissioner finds pest infestation after inspection, the commissioner may give written notice and require the owner or person in charge to eradicate, destroy, or control the pest within the stated time.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5421. If the commissioner finds, after inspection, that any premises, plant, conveyance, or thing in his jurisdiction is infected or infested with any pest, he may in writing notify the record owner or person in charge or possession of the premises, plant, conveyance, or thing, that it is infected or infested with a pest. He may, to his satisfaction, require the person to eradicate, destroy, or control, the pest within the time which is specified in the notice. (Enacted by Stats. 1967, Ch. 15.)
  151. 5422.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Notice may be served on the record owner, the person in charge or possession, or either person’s agent, if they can be found in the county.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5422. The notice may be served upon the record owner or person having charge or possession of the premises, plant, conveyance, or thing infected or infested with the pest or upon the agent of either, in the same manner as a summons in a civil action if such persons can be found within the county. (Enacted by Stats. 1967, Ch. 15.)
  152. 5423.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If no person can be found in the county after diligent search, the notice may be served by posting copies on the infected or infested property and mailing a copy to the owner’s last known address.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5423. If no person upon whom service may be had, can, after diligent search be found within the county, the notice may be served by posting copies of it in three conspicuous places upon the infected or infested property or premises, and by mailing a copy of it to the owner at his last known address. (Enacted by Stats. 1967, Ch. 15.)
  153. 54231.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may admit members or issue common stock only to eligible persons described in its bylaws and this section.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54231. Under the terms and conditions which are prescribed in the bylaws adopted by it, an association may admit as members or issue common stock to only such persons as are engaged in the production of any product which is to be handled by or through the association, or that use or employ any service or facility offered by the association on, or in connection with, land which is used for the production of any product, including the lessees and tenants of land which is used for the production of such product and any lessors and landlords that receive as rent all or part of the crop which is raised on the leased premises. (Enacted by Stats. 1967, Ch. 15.)
  154. 54232.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A non-natural-person member of a nonstock association may be represented by certain authorized individuals.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54232. If a member of a nonstock association is other than a natural person, such member may be represented by any individual, associate, officer, or manager or member of it, who is duly authorized in writing. (Enacted by Stats. 1967, Ch. 15.)
  155. 54233.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any association may become a member or stockholder of another association.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54233. Any association may become a member or stockholder of any other association. (Enacted by Stats. 1967, Ch. 15.)
  156. 54234.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A qualifying member of a stockless association must receive a certificate of membership after paying the membership fee in full.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54234. If a member of an association which is established without shares of stock has paid his membership fee in full, he shall receive a certificate of membership. (Enacted by Stats. 1967, Ch. 15.)
  157. 54235.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may accept members’ promissory notes as full or partial payment for stock, but it may not issue a stock certificate until the stock is fully paid. If the association holds the stock as security for a note, that does not affect the member’s voting right.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54235. An association shall not issue a certificate for stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security does not affect the member’s right to vote. (Enacted by Stats. 1967, Ch. 15.)
  158. 54236.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may limit how much common stock any member may own in its bylaws.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54236. An association, in its bylaws, may limit the amount of common stock which any member may own. (Enacted by Stats. 1967, Ch. 15.)
  159. 54237.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The bylaws must forbid transfers of common stock or membership certificates to unqualified persons, and any such restriction must be printed on every affected certificate.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54237. The bylaws shall prohibit the transfer of the common stock or membership certificates of the associations to any person that is not qualified to be a shareholder or member as specified in this chapter. Such restrictions shall be printed upon every certificate of stock or membership which is subject to them. (Enacted by Stats. 1967, Ch. 15.)
  160. 54238.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The association may buy or redeem its common stock, but not when its debts exceed 50% of its assets, and it must pay cash within one year.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54238. The association may, at any time, as specified in the bylaws, except when the debts of the association exceed 50 percent of its assets, buy in or purchase its common stock at the book value of the common stock, as conclusively determined by the board of directors, and pay for it in cash within one year thereafter. (Enacted by Stats. 1967, Ch. 15.)
  161. 54239.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A member or stockholder is not liable for the association’s debts beyond the unpaid balance of the membership fee or capital stock subscription, including any unpaid promissory note balance used to pay it.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Members [54231 - 54239] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 54239. A member or stockholder is not liable for the debts of the association to an amount which exceeds the sum which remains unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory note which is given in payment of the membership fee or the subscription to the capital stock. (Enacted by Stats. 1967, Ch. 15.)
  162. 5424.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the owner’s address is unknown and cannot be found with reasonable diligence, the notice must be mailed to the owner at the county seat of the county where the property is located.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5424. If the address of the owner is not known, and cannot be ascertained by the exercise of reasonable diligence, a copy of the notice shall be mailed to him at the county seat of the county in which the property is situated. (Enacted by Stats. 1967, Ch. 15.)
  163. 5425.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may record a copy of a served notice and may mail a copy of the notice to the recorded owner of any encumbrance on the property.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5425. The commissioner may record a copy of any notice that is served and may mail a copy of the notice to the person that appears of record to be the owner of any encumbrance on the property, at his last known address. (Enacted by Stats. 1967, Ch. 15.)
  164. 5426.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the commissioner does not know the encumbrancer’s address, the commissioner must say that in the notice copy and mail it to the encumbrancer at the county seat of the county where the property is located.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5426. If the address of the encumbrancer is unknown to the commissioner, he shall state in the copy of the notice that the address is unknown to him and shall mail the copy, addressed to the encumbrancer at the county seat of the county in which the property is situated. (Enacted by Stats. 1967, Ch. 15.)
  165. 54261.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The association and its members may enter marketing contracts, including contracts that require members to sell certain products only through the association, for up to 15 years.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 54261. The association and its members may make and execute marketing contracts which require the members to sell, for any period of time, but not over 15 years, all or any specified part of any product or specified commodity exclusively to or through the association, or any facilities which are created by the association. If they contract a sale to the association, title to the product passes absolutely and unreservedly, except for recorded liens, to the association upon delivery or at any other specified time which is expressly and definitely agreed in the contract. (Enacted by Stats. 1967, Ch. 15.)
  166. 54262.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A contract may let the association sell or resell members’ delivered products and pay members the resale price after specified deductions.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 54262. The contract may provide that the association may sell or resell any product that is delivered by its members, with or without taking title to that product, and pay over to its members, the resale price, after deducting all of the following: (a) Necessary selling, overhead, and other costs and expenses. (b) Proper reserves for retiring stock, if any. (c) Dividends not exceeding 8 percent per annum upon stock or membership capital. (Amended by Stats. 1997, Ch. 46, Sec. 2. Effective January 1, 1998.)
  167. 54263.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may specifically enforce certain member or stockholder delivery contracts to obtain delivery of the product.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 54263. Notwithstanding any provisions of the Civil Code, a contract which is entered into by a member or stockholder of an association which provides for the delivery to such association of any product which is produced or acquired by the member or stockholder, may be specifically enforced by the association to secure the delivery to it of such product. (Enacted by Stats. 1967, Ch. 15.)
  168. 54264.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Bylaws or a marketing contract may set liquidated damages amounts and may require the member to pay costs and fees if the association sues on the contract.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 54264. The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of any product and may provide that the member will pay all costs, premiums for bonds, expenses, and fees, if any action is brought upon the contract by the association. Such provisions are valid and enforceable in the courts of this state. The clauses which provide for liquidated damages are enforceable as such and shall not be regarded as penalties. (Enacted by Stats. 1967, Ch. 15.)
  169. 54265.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a member breaches or threatens to breach a marketing contract, the association may get an injunction and specific performance. It may also get a temporary restraining order and preliminary injunction while the case is pending if it files a verified complaint showing the breach or threatened breach and posts a sufficient bond.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 54265. If there is a breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance of the contract. Pending the adjudication of such an action and upon filing a verified complaint which shows the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member. (Enacted by Stats. 1967, Ch. 15.)
  170. 54266.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In actions on these marketing agreements, a landowner, landlord, or lessor is conclusively presumed able to control delivery of products grown on the land, and remedies for nondelivery or breach may be enforced against them.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Marketing Contracts [54261 - 54266] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 54266. In any action upon such marketing agreements, it shall be conclusively presumed that a landowner or landlord or lessor is able to control the delivery of any product which is produced on his land by tenants or others, whose tenancy or possession or work on such land, or the terms of whose tenancy or possession or labor on such land, were created or changed after execution by the landowner, landlord, or lessor of such a marketing agreement. In such actions, the remedies for nondelivery or breach which are provided by this article shall lie and be enforceable against such landowner, landlord, or lessor. (Enacted by Stats. 1967, Ch. 15.)
  171. 5427.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the commissioner undertakes pest eradication, control, or destruction under Section 5403, the notice must be recorded.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5427. If the eradication, control, or destruction of the pest is undertaken by the commissioner pursuant to Section 5403, the notice shall be recorded. (Enacted by Stats. 1967, Ch. 15.)
  172. 5428.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A recorded notice becomes a lien on the described property starting when it is recorded, for county abatement expenses incurred afterward.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5428. The recorded notice is, from the date of recording, a lien against the property which is described in the notice for the expense that is incurred by the county subsequent to the recordation of the notice in the abatement of the nuisance. (Enacted by Stats. 1967, Ch. 15.)
  173. 5429.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county must pay the cost of abatement done by the commissioner from county 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5429. The expense of the abatement by the commissioner is a county charge which is payable out of county funds. (Enacted by Stats. 1967, Ch. 15.)
  174. 54291.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Some corporations may be brought under this chapter by amending their articles of incorporation; if they do, they are treated as covered by the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 54291. A corporation that is organized or existing pursuant to any law, except Part 12 (commencing with Section 14550) of Division 3 of Title 1 of the Corporations Code, may be brought under the provisions of this chapter by amending its articles of incorporation, in the manner that is prescribed by the general corporation laws, to conform to this chapter. If a corporation amends its articles of incorporation to conform to this chapter, it shall be deemed to be organized and existing pursuant to, entitled to the benefit of, and subject to, this chapter for all purposes and as fully as though it had been originally organized pursuant to this chapter. (Amended by Stats. 2018, Ch. 92, Sec. 78. (SB 1289) Effective January 1, 2019.)
  175. 54292.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Articles of incorporation are treated as conforming to this chapter if they state the corporation is a nonprofit cooperative corporation for chapter purposes, or if they clearly show the corporation wants to be subject to and operate under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 54292. Articles of incorporation shall be deemed to conform to this chapter within the meaning of Section 54291 in both of the following cases: (a) It is provided or declared in the articles of incorporation, in substance, regardless of form, that the corporation is organized and exists as a nonprofit cooperative corporation for the purposes which are provided for in, or permitted by, this chapter, or one or more of such purposes. (b) It clearly appears from the articles of incorporation that the corporation desires to be subject to, and to be organized, exist, and function pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  176. 54293.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the amended articles conform to Section 54292, any older incorporation provisions that conflict with this chapter or do not fit it are ineffective to that extent.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 54293. If the amended articles conform, as provided in Section 54292, provisions in the articles of incorporation that appeared in the original articles or some previous amended articles, are ineffective if, and to the extent that, they are inapplicable to, or inconsistent with, this chapter. (Enacted by Stats. 1967, Ch. 15.)
  177. 54294.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article applies both retroactively and prospectively, and corporations may use it regardless of when they were incorporated.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Nonprofit Cooperative Associations [54001 - 54294] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Reorganization of Corporations Organized Pursuant to Other Laws [54291 - 54294] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 54294. This article applies retrospectively as well as prospectively, and may be availed of by a corporation regardless of the time of incorporation, whether prior or subsequent to the adoption of this article, and shall apply to amendments to articles of incorporation whether made prior or subsequent to the adoption of this article, and all amendments made prior to the adoption of this article shall be effective and valid to the same extent as though made subsequent to the adoption of this article. (Enacted by Stats. 1967, Ch. 15.)
  178. 5430.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a notice to abate is recorded before abatement costs are incurred, the county’s abatement costs become a lien on the charged land. In a Section 5494 case, the total expense must be prorated among parcels based on the acreage served by water from the canal or ditch involved.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5430. If the notice to abate is recorded before the commissioner incurs the expense of abatement, the amount which is incurred or expended by the county in the abatement is a lien on the land against which the expense is chargeable. In a case pursuant to Section 5494, the total expense shall be prorated and chargeable against each parcel of land in proportion to the acreage of such parcel which is served by water from the canal or ditch that is involved. (Enacted by Stats. 1967, Ch. 15.)
  179. 5431.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county must record a notice showing the amount expended within 30 days after paying the last abatement expense item, and that amount becomes a lien when the notice is recorded.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5431. A notice which sets forth the amount expended shall be recorded within 30 days after the date of payment of the last item of expense of the abatement by the county. The amount is a lien from the date of the recording of the notice of abatement pursuant to Section 5427. (Enacted by Stats. 1967, Ch. 15.)
  180. 5432.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the abatement notice is recorded and served or mailed to the holder of a recorded encumbrance, the resulting lien has priority over all existing and future encumbrances except tax and assessment liens.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5432. If a copy of the notice to abate a public nuisance, as described in Section 5401, is recorded and a copy is served upon or mailed to the holder of any encumbrance of record pursuant to this article, the lien is superior to all encumbrances, existing and future, except liens for taxes and assessments. (Amended by Stats. 1990, Ch. 1491, Sec. 13.2.)
  181. 5433.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a lien-secured sum is not repaid to the county within 80 days after the lien amount is recorded, a 15% penalty is added and secured by the lien.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5433. If the sum which is secured by lien is not repaid to the county within 80 days from the recording of the amount of the lien, there shall be added to the sum a penalty of 15 percent. The penalty shall also be secured by the lien. (Enacted by Stats. 1967, Ch. 15.)
  182. 5434.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The district attorney of a county that paid an abatement expense must start a lien foreclosure action within 120 days after the Section 5431 notice is recorded, unless Article 3 applies.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5434. Except as provided in Article 3 (commencing with Section 5461) of this chapter, the district attorney of the county which makes payment of the abatement expense shall, within 120 days after the notice which is required by Section 5431 is recorded, commence in the name and for the benefit of such county, an action to foreclose the lien. (Enacted by Stats. 1967, Ch. 15.)
  183. 5435.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After a foreclosure sale, the county gets enough of the sale proceeds to cover the lien, penalty, and costs; any surplus goes to the owner if known, otherwise it is paid into court for the owner when identified.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5435. (a) If, after foreclosure, the property is sold, enough of the proceeds shall be paid into the treasury of the county which forecloses the lien as shall satisfy the lien, penalty, and costs. (b) If there is any surplus, it shall be paid to the owner of the property, if he is known. If the owner of the property is not known, the surplus shall be paid into the court for his use at such time as he is ascertained. (Enacted by Stats. 1967, Ch. 15.)
  184. 5436.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If no foreclosure action is started within 120 days after the required notice is recorded, the lien ends.

    ## 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 6. Abatement, Generally [5401 - 5494] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Notice and Expense of Abatement Generally [5421 - 5436] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5436. If no action to foreclose is commenced within 120 days subsequent to the recordation of the notice which is required by Section 5431, the lien ceases to exist. (Enacted by Stats. 1967, Ch. 15.)
  185. 54401.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “cooperative bargaining association” for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54401. As used in this chapter, “cooperative bargaining association” means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing with Section 54001) of this division, for the purpose of group bargaining between its producer members and the first handler or processor, with respect to the sale of any agricultural commodity except milk, cotton, or cottonseed. (Enacted by Stats. 1967, Ch. 15.)
  186. 54402.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The state says farmers have the right to join, belong to, and take part in cooperative bargaining associations, and processors must negotiate and bargain with those associations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54402. It is the public policy of the state to establish and support the right of any farmer to join voluntarily, belong to and freely participate in cooperative bargaining associations. Interference with producer rights set forth in this chapter, including the obligation of processors to negotiate and bargain with cooperative bargaining associations, is an unfair trade practice. (Amended by Stats. 1983, Ch. 1100, Sec. 1.)
  187. 54404.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may receive complaints about alleged violations and may investigate, examine, or inspect suspected violations of this chapter; after verification, the director must do the necessary investigations, examinations, or inspections.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54404. For the purpose of enforcing this chapter, the director may receive complaints from producers against any processor, handler, distributor, or any agent of these persons, or from processors, handlers, distributors, or any agent of these persons against a cooperative bargaining association or any agent of an association, with respect to violations of the unfair trade practices which are specified in Section 54431. Upon verification of the complaint, the director shall, or upon the director’s own motion may, make any and all necessary investigations, examinations, or inspections of any transaction which involves a suspected violation of any provision of this chapter. The director may thereafter take action against the processor, handler, distributor, or any agent of these persons, or the cooperative bargaining association or any agent of an association, in accordance with applicable provisions of this chapter. (Amended by Stats. 1983, Ch. 1100, Sec. 3.)
  188. 54404.1.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director, after an investigation, has reasonable cause to believe a person violated Section 54431, the director must serve a complaint stating the charges and set a hearing at a specific time and place.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54404.1. If, upon the investigation conducted under Section 54404, the director has reasonable cause to believe that the person charged has violated Section 54431, the director shall issue and cause to be served upon the person so charged a complaint stating the charges. The complaint shall summon the named person to a hearing before the director, which he or she shall call at a specific time and place. (Added by Stats. 1983, Ch. 1100, Sec. 4.)
  189. 54404.2.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At the hearing under Section 54404.1, the director may administer oaths, take testimony, issue subpoenas, and compel witnesses to disclose relevant facts and materials.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54404.2. At the hearing called pursuant to Section 54404.1, the director may do all the following: (a) Administer oaths and take testimony. (b) Issue subpoenas requiring the attendance of witnesses before him or her, together with any books, memoranda, papers, and other documents, articles, or instruments that may be pertinent to the controversy as set forth in the complaint. (c) Compel the disclosure by the witnesses of all facts known to them that relate to the controversy. (Added by Stats. 1983, Ch. 1100, Sec. 5.)
  190. 54404.3.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The hearing procedure for Section 54404.2 is the same as the procedure used for hearings under Article 13 of Chapter 6.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54404.3. The procedure for holding the hearing pursuant to Section 54404.2 is identical to hearings held pursuant to Article 13 (commencing with Section 55781) of Chapter 6. (Added by Stats. 1983, Ch. 1100, Sec. 6.)
  191. 54404.4.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After the hearing, the director must enter an order dismissing the complaint, unless the director is satisfied that Section 54431 was violated.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54404.4. At the conclusion of the hearing called pursuant to Section 54404.1, the director shall enter in his or her office in Sacramento an order which dismisses the complaint, unless the director is satisfied that the person against whom the complaint was filed has violated Section 54431. (Added by Stats. 1983, Ch. 1100, Sec. 7.)
  192. 54404.5.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must hold a hearing on a verified complaint, give notice at least 5 days before the hearing, and issue a decision within 5 days after it ends.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54404.5. (a) Notwithstanding Section 54404.1, if the director receives a verified complaint that a processor, handler, distributor, or any agent of any such person or a cooperative bargaining association or any agent of an association has violated subdivision (e) of Section 54431, the director shall conduct a hearing within 14 days of receiving the complaint. The director shall issue a notice of the hearing not less than five days prior to the commencement of the hearing. The director may, but is not required to, make any investigation in addition to the hearing. The director shall announce his or her decision on the complaint within five days after the conclusion of the hearing and may take any action that is authorized by this section. (b) If the director determines that the person against whom the complaint was filed has violated subdivision (e) of Section 54431, the director may issue an order fashioned in a manner so as to expeditiously require that person to comply with the requirements of this chapter. If the person thereafter disobeys the order, the director, represented by the Attorney General, shall apply to the Superior Court of the County of Sacramento in order to obtain a court order requiring the person to obey the order of the director. The action shall be handled in an expeditious manner by the court and given calendar preference. (c) The costs of the hearing held pursuant to subdivision (a) shall be assessed by the director and paid for by the party filing the complaint if the hearing results in a finding that no violation occurred. The costs of the hearing shall be paid for by the party against whom the complaint was filed if the hearing results in a finding that a violation had occurred. (d) The hearing held pursuant to subdivision (a) shall be held in as expeditious a manner as possible under Sections 54404.2 and 54404.3. The hearing officer shall use his or her best efforts to ensure that the hearing will be conducted as quickly as possible consistent with the requirements of due process and this chapter. (e) The record from the hearing held pursuant to subdivision (a) may be introduced by either party to that hearing at a hearing held pursuant to Section 54404. 1. (Added by Stats. 1983, Ch. 1100, Sec. 8.)
  193. 54405.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may file a court action to stop a violation or threatened violation of this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [54401 - 54405] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 54405. The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter in the superior court of the county in which such violation occurred or is about to occur. Actions against different defendants may be consolidated, in the discretion of the court, if the alleged violations are of the same provision, have occurred in the same or an adjoining county, relate to the same agricultural commodity, occurred in the same production season, and such consolidation can be done without prejudice to a substantial right of any defendant. Any proceedings which are brought pursuant to this section shall be governed in all other respects by Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1967, Ch. 15.)
  194. 54431.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section makes several unfair trade practices unlawful for processors, handlers, distributors, agents, cooperative bargaining associations, and other persons.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54431. It is an unfair trade practice, and unlawful, for any processor, handler, distributor, or agent of any such person, or, with regard to subdivisions (d), (e), and (f), for any cooperative bargaining association or any agent of an association, or for any other person to do any of the following: (a) Interfere with, restrain, coerce, or boycott producers in the exercise of the rights which are guaranteed pursuant to Section 54402. (b) Discriminate against any producer with respect to price or other terms of purchase of any raw agricultural commodity, by reason of the producer’s membership in, or contract with, any cooperative bargaining association. (c) Pay or loan money, or give any other thing of value, to a producer as an inducement or reward for refusing or ceasing to belong to, or for breaching one’s membership agreement in, a cooperative bargaining association. (d) Maliciously or knowingly give false reports about the finances, management, or activities of any person subject to this chapter. (e) Refuse to negotiate or bargain, including refusing to comply with the procedure prescribed in Article 3.5 (commencing with Section 54451), at reasonable times and for reasonable periods of time with a genuine desire to reach agreement and a serious attempt to resolve differences with a cooperative bargaining association for price, terms of sale, compensation for commodities produced under contract, and other contract provisions relative to any commodity which a cooperative bargaining association represents, or refuse to negotiate or bargain, including refusing to comply with the procedure prescribed in Article 3.5 (commencing with Section 54451), at reasonable times and for reasonable periods of time with a genuine desire to reach agreement and a serious attempt to resolve differences with a processor for price, terms of sale, compensation for commodities produced under contract, and other contract provisions relative to any commodity which the cooperative bargaining association represents. This subdivision does not apply to fresh grapes purchased for wine. Also, this subdivision is limited to processors, handlers, or agents of any of those persons who deal in fruits, nuts, or vegetables for processing and a cooperative bargaining association which meets all of the following: (1) That, under the articles of incorporation or bylaws of the cooperative bargaining association, the association is producer owned and controlled exclusively by producers. (2) The cooperative bargaining association has enforceable contracts with its members. (3) The cooperative bargaining association has financial resources and management reasonably sufficient to accomplish the purpose for which it was organized. (4) The cooperative bargaining association represents, through its own members, a sufficient number of producers or a sufficient quantity of any particular commodity, or both, to make it an effective agent for producers in bargaining with handlers. (5) One of the functions of the cooperative bargaining association is acting as principal or agent for its producer members to negotiate or bargain with handlers for prices, terms of sale, compensation for commodities produced under contract and other terms of contracts with respect to the production, sale, and marketing of their commodities. (f) Refuse to negotiate or bargain for price, terms of sale, compensation for commodities produced under contract, and other contract provisions relative to any commodity which a cooperative bargaining association represents. This subdivision only applies to a cooperative association whose members produce either fresh grapes purchased for wine or whose members produce any other commodity not specified in subdivision (e) and which meets all of the following: (1) Under the articles of incorporation or bylaws of the cooperative bargaining association, the association is producer owned and controlled exclusively by producers. (2) The cooperative bargaining association has enforceable contracts with its members. (3) The cooperative bargaining association has financial resources and management reasonably sufficient to accomplish the purpose for which it was organized. (4) The cooperative bargaining association represents, through its own members, a sufficient number of producers or a sufficient quantity of any particular commodity, or both, to make it an effective agent for producers in bargaining with handlers. (5) One of the functions of the cooperative bargaining association is acting as principal or agent for its producer members to negotiate or bargain with handlers for prices, terms of sale, compensation for commodities produced under contract, and other terms of contracts with respect to the production, sale, and marketing of their commodity. (Amended by Stats. 1989, Ch. 510, Sec. 1.)
  195. 54432.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Subdivision (e) of Section 54431 applies only to certain processors, handlers, distributors, or agents who refuse to negotiate or bargain with a cooperative bargaining association representing producers they previously did business with.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54432. The provisions of subdivision (e) of Section 54431 only apply to any processor, handler, distributor, or agent of any such person, who refuses to negotiate or bargain, as specified by such provisions, with a cooperative bargaining association which represents producers with whom such a processor, handler, distributor, or agent of any such person, has had a prior course of dealing. For purposes of this section, “prior course of dealing” means that the processor, handler, distributor, or agent of any such person has purchased in any two of the immediate preceding five years a commodity from a producer which a cooperative bargaining association represents. However, a processor, handler, distributor, or agent of any such person is subject to subdivision (e) of Section 54431 if that person has newly gone into business in California by locating in this state from another state or country, by being created from other business entities which had a prior course of dealing with a bargaining association, or by being newly created and utilizing substantially the same processing facilities as a prior processor which itself was subject to subdivision (e) of Section 54431. (Amended by Stats. 1982, Ch. 1583, Sec. 6.)
  196. 54434.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Subdivision (e) of Section 54431 does not apply to cooperative associations for business done with their own membership.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54434. The provisions of subdivision (e) of Section 54431 shall not apply to cooperative associations in respect to business done with its own membership. (Added by Stats. 1974, Ch. 510.)
  197. 54435.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Processors, handlers, distributors, and their agents are not required, under Section 54431(e) or (f), to negotiate over time periods, prices, sale terms, or other contract terms for represented commodities.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Unfair Trade Practices [54431 - 54435] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 54435. Nothing in subdivision (e) or (f) of Section 54431 requires any processor, handler, distributor, or agent of any such person, to negotiate over any specific period of time, or to agree upon price, terms of sale, compensation for commodities produced under contract, and other contract provisions relative to any commodity which any cooperative bargaining association represents. However, nothing in this section relieves the parties from the requirement to negotiate and bargain pursuant to subdivision (e) or (f) of Section 54431 or to comply with the procedures prescribed in Article 3.5 (commencing with Section 54451) if applicable. (Amended by Stats. 1989, Ch. 510, Sec. 2.)
  198. 54442.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Annual Report [54442 - 54447] ( Article 3 added by Stats. 2005, Ch. 613, Sec. 2. )

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    The secretary must establish an advisory committee for the report process, and committee members are entitled to travel-expense reimbursement under specified rules.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Annual Report [54442 - 54447] ( Article 3 added by Stats. 2005, Ch. 613, Sec. 2. ) ## 54442. (a) To aid in preparation of the report required under this chapter, the secretary shall establish an advisory committee consisting of the following persons: (1) Six representatives of cooperative bargaining associations from names submitted by cooperative bargaining associations, two of whom shall be appointed by the Governor, two of whom shall be appointed by the Speaker of the Assembly, and two of whom shall be appointed by the Senate Committee on Rules. (2) Six representatives of processors from names submitted by processors, two of whom shall be appointed by the Governor, two of whom shall be appointed by the Speaker of the Assembly, and two of whom shall be appointed by the Senate Committee on Rules. (b) The members of the advisory committee shall be reimbursed for travel expenses pursuant to the rules and regulations adopted by the Director of Human Resources pursuant to Section 19820 of the Government Code for attendance at a meeting approved by the Secretary of Food and Agriculture. (Amended by Stats. 2012, Ch. 665, Sec. 27. (SB 1308) Effective January 1, 2013.)
  199. 54443.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Annual Report [54442 - 54447] ( Article 3 added by Stats. 2005, Ch. 613, Sec. 2. )

    Verify source ↗

    The advisory committee must study and report on the listed issues.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Annual Report [54442 - 54447] ( Article 3 added by Stats. 2005, Ch. 613, Sec. 2. ) ## 54443. The advisory committee shall study and report on all of the following issues: (a) Unfair trade practices. (b) Licensing. (c) Funding. (d) Investigation and hearing procedures. (e) The need for a mechanism to resolve bargaining disputes. (f) Any other issues relating to this chapter. (g) Any recommended changes to this chapter. (Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)
  200. 54444.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Annual Report [54442 - 54447] ( Article 3 added by Stats. 2005, Ch. 613, Sec. 2. )

    Verify source ↗

    The advisory committee must meet at least once each year.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Cooperative Bargaining Associations [54401 - 54463] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Annual Report [54442 - 54447] ( Article 3 added by Stats. 2005, Ch. 613, Sec. 2. ) ## 54444. The advisory committee shall meet not less than once annually. (Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)

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