Food and Agricultural Code — Part 22 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 22 of 48 · provisions 4,201–4,400

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

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  1. 54445.

    ## 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 advisory committee must prepare and send a report to the secretary at a time the secretary sets.

    ## 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. ) ## 54445. The advisory committee shall prepare and transmit a report to the secretary at a time fixed by the secretary so as to meet his or her obligation under this article. (Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)
  2. 54447.

    ## 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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    This section says the article is to be treated as a continuation of the former Article 3 of Chapter 2 of Division 20.

    ## 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. ) ## 54447. This article shall be construed as a continuation of former Article 3 of Chapter 2 of Division 20. (Added by Stats. 2005, Ch. 613, Sec. 2. Effective January 1, 2006.)
  3. 54451.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    The department must order conciliation between a cooperative bargaining association and a processor when the statutory conditions are met. Either party may ask for conciliation to be ordered at any time.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54451. The department shall order conciliation between any cooperative bargaining association and any processor subject to this chapter if it determines, after receiving a request under the procedure specified in Section 54452, that conciliation will materially assist the parties in negotiating an agreement. Either party may request at any time that conciliation be ordered. (Added by Stats. 1989, Ch. 510, Sec. 5.)
  4. 54451.5.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    If the parties cannot agree on a conciliator, the department must appoint a conciliation service.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54451.5. A conciliation service shall be appointed by the department if the parties cannot agree on a conciliator. (Amended by Stats. 2005, Ch. 77, Sec. 12. Effective January 1, 2006.)
  5. 54452.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    This section sets the steps and deadlines for conciliation requests, including forms, mailing, notifications, and responses by the parties and the department.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54452. The following procedure shall be used upon receipt by the department of a request for conciliation: (a) The request from one of the parties to the negotiation, referred to as the requesting party, shall be presented on a form prescribed by the department. (b) The requesting party shall submit, along with the request, the last offer made to the other party, referred to as the responding party, reasons for rejection of the responding party’s last offer, and an indication as to what the requesting party believes would be required to reach an agreement. A copy of the request, as well as any information required pursuant to this subdivision, shall be express mailed to the responding party on the same day that the request is submitted to the department. (c) On the next business day after receiving the request for conciliation, the department shall notify the responding party that a request for conciliation has been received. The responding party shall be required to respond to the department within three business days after receipt of notification that conciliation has been requested. The response from the responding party shall include the last offer made to the requesting party, reasons for rejection of the requesting party’s last offer, and an indication as to what the responding party believes would be required to reach an agreement. The responding party’s response shall be made on a form prescribed by the department. A copy of the response, as well as any information required pursuant to this subdivision, shall be express mailed to the requesting party on the same day that the response is submitted to the department. (d) On the same day that the responding party is notified by the department that a request for conciliation has been made, the department shall notify the conciliation service designated by the department pursuant to Section 54451.5 that conciliation may be ordered. (e) On the date that the department notifies the responding party that a conciliation has been requested, the department may also request additional information from either party and the department shall notify both parties of their right to use a conciliator agreed upon by the parties if the parties notify the department of their agreement before conciliation is ordered. (f) Both parties have three business days after the date of the request made pursuant to subdivision (e) in which to respond to the request for additional information. (g) Within three business days after final receipt from the parties of all information requested by the department, the department shall determine whether conciliation shall be conducted. (Amended by Stats. 2003, Ch. 145, Sec. 2. Effective January 1, 2004.)
  6. 54453.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    If conciliation is ordered, the department must notify both parties and start the conciliation process. The conciliator and the parties must keep conciliation information confidential.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54453. (a) If conciliation is ordered, the department shall, on the day the department determines that conciliation shall be conducted, notify both parties that the conciliation will take place and direct the conciliator agreed to by the parties to commence the conciliation process in accordance with its commercial mediation rules. If the parties have not agreed upon a conciliator, the department shall appoint the conciliation service designated by the department pursuant to Section 54451.5, and direct that conciliation service to commence the conciliation process in accordance with its commercial mediation rules. However, this article prevails if there is any conflict between those rules and this article. (b) Confidential information disclosed to a conciliator by the parties or by any other person in the course of the conciliation shall not be divulged by the conciliator. All statements, oral or written, records, reports, or other documents received or made by a conciliator while serving in that capacity, or by any other person, shall be confidential. The conciliator shall not be compelled to divulge the information or to testify in regard to the conciliation in any proceeding or judicial forum. The parties shall maintain the confidentiality of the conciliation, and shall not rely on, or introduce as evidence in any proceeding or forum, any of the following: (1) Views expressed or suggestions made by any party in the course of conciliation proceedings with respect to a possible settlement of the dispute. (2) Admissions by any party in the course of conciliation proceedings. (3) Proposals made or views expressed by the conciliator. (4) The fact that any party in the course of conciliation proceedings had or had not indicated willingness to accept a proposal for settlement made by the conciliator or other party. (Amended by Stats. 2003, Ch. 145, Sec. 2. Effective January 1, 2004.)
  7. 54454.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    The conciliator must meet with the parties, take part in negotiations, and issue a final recommendation if the dispute is not settled in time. Each party must respond with its position to the other party and the conciliator.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54454. The conciliator shall perform the following duties: (a) Meet with the parties involved in the bargaining process in an attempt to resolve the dispute. (b) Participate in negotiations and have authority to offer suggestions and recommendations to resolve the dispute. (c) The total time allotted for conciliation shall not exceed 10 calendar days unless the conciliator feels that an additional period of five calendar days is likely to resolve the dispute. The determination of the conciliator on whether to extend the period of conciliation shall be based on the progress of negotiations during the conciliation process, the impact of a time delay on the parties, and other relevant factors. (d) If a settlement has not been arrived at through the conciliation process, upon the conclusion of the process and within the time requirements of subdivision (c), the conciliator shall make a final recommendation to the parties as to what he or she believes will equitably resolve the dispute and result in a negotiated settlement. Each party shall be required to respond to the other party, and to the conciliator with their position and response to the conciliator’s final recommendations. (Added by Stats. 1989, Ch. 510, Sec. 5.)
  8. 54455.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    If conciliation ends without resolving the dispute, the conciliator must file a final report with the department within three business days.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54455. If the dispute has not been resolved by the completion of the conciliation process, the conciliator shall file a final report with the department within three business days after the close of conciliation. The report shall include only the following: (a) A factual summary of the events that occurred during conciliation, including all of the following: (1) The dates on which conciliation occurred. (2) The amount of time expended in conciliation on each of those dates. (3) The location of the conciliation on each of those dates. (4) The names of the individuals present during conciliation on each of those dates. (b) The final proposals of each of the parties. (c) The response, as expressed by each party, to the other party’s final proposal. (d) A description of the remaining unresolved issues, as expressed by each party. (e) A copy of the original request and response specified in Section 54452. (Added by Stats. 1989, Ch. 510, Sec. 5.)
  9. 54456.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    Each party to the negotiations must share equally the reasonable costs of carrying out the conciliation in this article.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54456. All reasonable costs incurred in carrying out the conciliation prescribed in this article shall be shared equally by each party to the negotiations. (Added by Stats. 1989, Ch. 510, Sec. 5.)
  10. 54457.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    The department must include a section about this article in its report to the Legislature, and the report must not include information that is confidential under Section 54453(b).

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54457. (a) In the report submitted to the Legislature pursuant to Section 54441, the department shall include a section on this article, which shall consist of the following items: (1) The number of requests for conciliation. (2) The number of conciliation cases handled. (3) The number of conciliation cases reaching settlement through the process prescribed by this article. (4) The parties involved in conciliation. (5) Recommended changes to this article that would improve its effectiveness. (b) The report shall not include any information otherwise confidential pursuant to subdivision (b) of Section 54453. (Added by Stats. 1989, Ch. 510, Sec. 5.)
  11. 54458.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. )

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    Any person who violates this article is subject to a civil penalty of up to $10,000 for each violation.

    ## 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 3.5. Conciliation [54451 - 54458] ( Article 3.5 added by Stats. 1989, Ch. 510, Sec. 5. ) ## 54458. Any person who violates any provision of this article is liable civilly for a penalty in an amount not to exceed the sum of ten thousand dollars ($10,000) for each and every violation. (Added by Stats. 1989, Ch. 510, Sec. 5.)
  12. 54461.

    ## 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 4. Penalties [54461 - 54463] ( Heading of Article 4 renumbered from Article 3 by Stats. 1983, Ch. 1100, Sec. 12. )

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    A willful violation of this chapter is a misdemeanor and can be fined $500 to $5,000 for each violation.

    ## 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 4. Penalties [54461 - 54463] ( Heading of Article 4 renumbered from Article 3 by Stats. 1983, Ch. 1100, Sec. 12. ) ## 54461. The willful violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for each and every violation. This section does not apply to Article 3.5 (commencing with Section 54451). (Amended by Stats. 1989, Ch. 510, Sec. 3.)
  13. 54462.

    ## 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 4. Penalties [54461 - 54463] ( Heading of Article 4 renumbered from Article 3 by Stats. 1983, Ch. 1100, Sec. 12. )

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    A person who violates this chapter is civilly liable for up to $5,000 per violation, in addition to the penalty in Section 54461.

    ## 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 4. Penalties [54461 - 54463] ( Heading of Article 4 renumbered from Article 3 by Stats. 1983, Ch. 1100, Sec. 12. ) ## 54462. In addition to the penalty which is provided by Section 54461, any person who violates any provision of this chapter is liable civilly for a penalty in an amount not to exceed the sum of five thousand dollars ($5,000) for each and every violation. This section does not apply to Article 3.5 (commencing with Section 54451). (Amended by Stats. 1989, Ch. 510, Sec. 4.)
  14. 54463.

    ## 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 4. Penalties [54461 - 54463] ( Heading of Article 4 renumbered from Article 3 by Stats. 1983, Ch. 1100, Sec. 12. )

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    The director may ask the proper court for an injunction to make any person covered by this chapter comply with its requirements.

    ## 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 4. Penalties [54461 - 54463] ( Heading of Article 4 renumbered from Article 3 by Stats. 1983, Ch. 1100, Sec. 12. ) ## 54463. In addition to any other remedies provided under this article, the director may seek to obtain injunctive relief in the proper court to require any person subject to this chapter to comply with any applicable requirement in this chapter. (Added by Stats. 1983, Ch. 1100, Sec. 15.)
  15. 5461.

    ## 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    If a pest is found on property deeded to the state for unpaid taxes, the notice of abatement must be served by recording and mailing a copy to the State Controller, and by personally serving or mailing a copy to the last owner of record before the deed to the state.

    ## 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5461. If any pest is found to exist upon any property which has been deeded to the state for nonpayment of taxes, the notice of abatement shall be served by recording and mailing a copy of the notice to the State Controller, and either by personally serving or by mailing a copy of it, in the manner provided in Sections 5425 to 5428, inclusive, to the last owner of record prior to the deeding of the property to the state. (Enacted by Stats. 1967, Ch. 15.)
  16. 5462.

    ## 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    If abatement costs become a lien on the property and the property is redeemed or sold at tax sale, the lien foreclosure action must be started within 120 days after the redemption or sale.

    ## 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5462. If the expense of abatement becomes a lien on such property, as provided in Sections 5429 to 5432, inclusive, and the property is redeemed or sold to a private person at a tax sale, the action to foreclose the lien shall be commenced within 120 days after the redemption or sale. (Enacted by Stats. 1967, Ch. 15.)
  17. 5463.

    ## 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    If no foreclosure action is started within 120 days after redemption or sale, 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5463. If no action to foreclose is commenced within 120 days subsequent to the redemption or sale of the property, the lien ceases to exist. (Enacted by Stats. 1967, Ch. 15.)
  18. 5464.

    ## 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    The lien ends when the property is acquired by the state, a municipal corporation, or another political subdivision, and the right of redemption has ended.

    ## 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 3. Notice and Expense of Abatement on Tax-Deeded Property [5461 - 5464] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5464. If the property is acquired by the state, or by any municipal corporation or political subdivision, and the right of redemption is terminated, the lien terminates at the time the right of redemption is terminated. (Enacted by Stats. 1967, Ch. 15.)
  19. 5491.

    ## 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a pest is found on certain city- or county-controlled public property, the abatement notice must be served on the chairman of the governing body, and if the commissioner does the eradication, control, or destruction, the city or county must pay the cost from its general fund.

    ## 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5491. If any pest is found to exist in any public park or along any street, highway, or other property which is subject to the control of a city or county, the notice of abatement shall be served on the chairman of the governing body of the city or county. If the eradication, control, or destruction of the pest is performed by the commissioner, the cost of the eradication, control, or destruction is a city or county charge, as the case may be, and shall be paid from the general fund of the city or county. (Enacted by Stats. 1967, Ch. 15.)
  20. 5492.

    ## 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a pest is found on certain state-controlled property, the director must notify the agency, may direct the commissioner to serve notice, and any eradication cost handled by the commissioner must be paid by the agency from its maintenance or other support 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5492. If any pest is found to exist in any park or along any street, highway, right-of-way, or other property which is subject to the control of any agency of the state, the director, upon receiving a report of the existence of the pest from the commissioner, shall notify the agency. He may instruct the commissioner to serve the notice upon the director or other executive officer of the agency. If the eradication, control, or destruction of the pest is performed by the commissioner, the cost of the eradication, control, or destruction is a charge against, and shall be paid from, the maintenance fund or from other funds for the support of the agency. This section applies to a state highway right-of-way if any pest of the same kind has been, or is being, subjected to control, destruction, or eradication on other private or public property in the immediate vicinity of the right-of-way, either at the direction of the commissioner or voluntarily by the owner of such adjacent property. (Enacted by Stats. 1967, Ch. 15.)
  21. 5493.

    ## 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When pests are found on property controlled by certain districts or political subdivisions, the abatement notice must be served on the chairman of the governing body, or another member if the chairman cannot be served. If the commissioner carries out eradication, control, or destruction, the cost must be paid from the district’s general maintenance or operating fund.

    ## 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5493. If any pest is found to exist upon any property which is subject to the control of any irrigation, drainage, flood control, reclamation, or levee district, or other political subdivision of the state, the notice of abatement shall be served upon the chairman of the governing body of the district or political subdivision. If the chairman is absent from the county, or for any reason cannot be served, the notice shall be served upon some other member of the governing body. If the eradication, control, or destruction of the pests upon the property is performed by the commissioner, the cost of the eradication, control, or destruction is a legal charge and shall be paid from the general maintenance or operating fund, as the case may be, of the district or political subdivision. (Enacted by Stats. 1967, Ch. 15.)
  22. 5494.

    ## 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a pest is found in or on certain irrigation canals or ditches, the notice of abatement must be served on all water users identified in that notice.

    ## 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 4. Notice and Expense of Abatement on Other Public Property [5491 - 5494] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5494. If any pest is found to exist in or on any irrigation canal or ditch, including its lateral banks, which is not subject to the control of any district or political subdivision of the state, the notice of abatement shall be served upon all users of water from the irrigation canal or ditch that is described in the notice. (Enacted by Stats. 1967, Ch. 15.)
  23. 550.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. )

    Verify source ↗

    This article may be cited as the Sustainable Agriculture Research and Education Act of 1986.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. ) ## 550. This article shall be known and may be cited as the Sustainable Agriculture Research and Education Act of 1986. (Added by Stats. 2010, Ch. 200, Sec. 1. (AB 1891) Effective January 1, 2011.)
  24. 55000.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This section says rice production and processing are important to California and that consumers should be informed about rice’s nutritional value, quality, varieties, culture, and use in a balanced diet.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55000. The production and processing of rice constitutes an important industry of this state that provides substantial and necessary revenues for the state and employment for its citizens. The California rice industry has the potential to be one of the leading segments of the state’s agricultural industry. To realize this potential, there is a need to make domestic and foreign consumers aware of the nutritional value of rice, the high quality of the rice produced and processed in the state, the many varieties of rice produced and processed in the state, the intricacies of rice culture, and the versatility of rice as a part of a well balanced diet. (Amended by Stats. 2008, Ch. 414, Sec. 1. Effective January 1, 2009.)
  25. 55001.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This section says the rice certification program is important for maintaining rice quality, informing consumers, and protecting California’s rice industry reputation.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55001. The program established pursuant to this chapter is essential to ensuring the consistently high quality of the rice produced, processed, or handled in the state by informing consumers, maintaining consumer confidence, and enhancing and protecting the reputation of California’s rice industry throughout the nation and around the world. (Amended by Stats. 2008, Ch. 414, Sec. 2. Effective January 1, 2009.)
  26. 55002.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This chapter states that the rice industry should work together to maintain consumer confidence and support acceptance of rice produced, processed, and handled in the state.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55002. This chapter is intended to allow the rice industry to work cooperatively to maintain consumer confidence and the acceptance of rice produced, processed, and handled in the state. (Amended by Stats. 2008, Ch. 414, Sec. 3. Effective January 1, 2009.)
  27. 55003.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The provision explains why the rice certification law exists: to maintain rice identity and reduce commingling, especially where reconditioning is not feasible.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 1. Declarations and Legislative Intent [55000 - 55003] ( Article 1 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55003. There is a growing need to maintain the identity of various types of rice to satisfy increasing consumer demand for specialty rices. This demand requires providing the industry with the ability to establish the terms and conditions for the production, processing, and handling of rice in order to achieve the goal of preventing the potential for the commingling of various types of rice, and in order to prevent commingling where reconditioning is infeasible or impossible. (Amended by Stats. 2008, Ch. 414, Sec. 4. Effective January 1, 2009.)
  28. 55006.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55006. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  29. 55007.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This section defines “records” 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55007. “Records” means books, records, contracts, documents, memoranda, papers, correspondence, or other data, whether in written, magnetic, or electronic form, that pertain to matters relating to this chapter. (Amended by Stats. 2008, Ch. 414, Sec. 5. Effective January 1, 2009.)
  30. 55008.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Certification” means certification under Article 7 starting at Section 55070.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55008. “Certification” means certification pursuant to Article 7 (commencing with Section 55070). (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  31. 55008.5.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This section defines “Chapter” for the California Rice Certification Act of 2000.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55008.5. “Chapter” means any provision of the California Rice Certification Act of 2000, and includes any amendments to and regulations adopted pursuant to that act. (Added by Stats. 2008, Ch. 414, Sec. 6. Effective January 1, 2009.)
  32. 55009.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This section defines “characteristics of commercial impact” for rice.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55009. “Characteristics of commercial impact” means characteristics that may adversely affect the marketability of rice in the event of commingling with other rice and may include, but are not limited to, those characteristics that cannot be visually identified without the aid of specialized equipment or testing, those characteristics that create a significant economic impact in their removal from commingled rice, and those characteristics whose removal from commingled rice is infeasible. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  33. 5501.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    This section names the chapter as the Property Owners’ Roadside Vegetation Control Information Act of 1991.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5501. This chapter shall be known and may be cited as the Property Owners’ Roadside Vegetation Control Information Act of 1991. (Added by Stats. 1991, Ch. 737, Sec. 1.)
  34. 55010.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Commission” means the California Rice Commission.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55010. “Commission” means the California Rice Commission created pursuant to Chapter 9.5 (commencing with Section 71000) of Part 2 of Division 22. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  35. 55010.5.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Committee” means the committee established under Section 55020.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55010.5. “Committee” refers to the committee established under Section 55020. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  36. 55010.6.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Department” means the Department of Food and Agriculture.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55010.6. “Department” means the Department of Food and Agriculture. (Added by Stats. 2008, Ch. 414, Sec. 7. Effective January 1, 2009.)
  37. 55010.7.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Handle” means to engage in the business of being a handler.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55010.7. “Handle” means to engage in the business of being a handler. (Added by Stats. 2008, Ch. 414, Sec. 8. Effective January 1, 2009.)
  38. 55011.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Handler” means a person in California who is in the business of offering rice for sale or selling rice.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55011. “Handler” means any person engaged in this state in the business of offering for sale or selling rice. (Amended by Stats. 2008, Ch. 414, Sec. 9. Effective January 1, 2009.)
  39. 55012.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Person” includes a broad range of individuals and business entities doing business in California.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55012. “Person” includes any individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or any other entity doing business in California. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  40. 55012.5.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Process” means to harvest, dry, mill, transport, or store rice.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55012.5. “Process” means to harvest, dry, mill, transport, or store rice. (Added by Stats. 2008, Ch. 414, Sec. 10. Effective January 1, 2009.)
  41. 55013.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Producer” includes anyone who produces rice or causes rice to be produced.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55013. “Producer” includes any person who produces rice, or causes rice to be produced. (Amended by Stats. 2008, Ch. 414, Sec. 11. Effective January 1, 2009.)
  42. 55014.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This section defines “Rice” for the chapter and excludes wild rice.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55014. “Rice” means all rough or “paddy” rice or milled rice (Oryza species) produced in or shipped into California, including mochi rice (sweet rice) and rice produced for seed. It does not include wild rice (Zinzania aquatica; Zinzania palustris). (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  43. 55015.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    “Secretary” means the Secretary of Food and Agriculture.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 2. Definitions [55006 - 55015] ( Article 2 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55015. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  44. 5502.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “agency,” “pesticide,” “property owner,” “roadside,” and “roadway.”

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5502. The following definitions shall govern the construction of this chapter: (a) “Agency” means an agency of state government that has responsibility for roadside vegetation control operations on, or along, roadways. (b) “Pesticide” is defined in Section 12753. (c) “Property owner” means an owner, lessee, or tenant of real property that is adjacent or contiguous to a roadway over which an agency has responsibility for roadside vegetation control. (d) “Roadside” means the land adjacent to, or dividing the lanes of traffic of, a roadway. (e) “Roadway” means any highway, superhighway, expressway, street, road, lane, or other public thoroughfare. (Amended by Stats. 1996, Ch. 361, Sec. 1. Effective January 1, 1997.)
  45. 55020.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The secretary must appoint a committee from commission nominations, and also appoint one University of California member; the commission must appoint one ex officio member and may appoint more if needed.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55020. The secretary shall appoint a committee, from nominations received from the commission, to administer Article 4 (commencing with Section 55040) and Article 5 (commencing with Section 55050), except as otherwise specified. The committee shall consist of four producers, four handlers, and one representative each of the California Crop Improvement Association, the California Warehouse Association, and the California Cooperative Rice Research Foundation. The secretary shall also appoint one member from the University of California who shall not be affiliated with the California Crop Improvement Association. If the secretary finds any of those nominated to be unacceptable, he or she shall notify the commission and request that another person be nominated. The commission shall appoint one ex officio member who shall be involved in the handling or breeding of seed, and may appoint any other ex officio members deemed reasonably necessary to implement this chapter. (Amended by Stats. 2008, Ch. 414, Sec. 12. Effective January 1, 2009.)
  46. 55020.5.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The committee must meet periodically, have a quorum based on a majority of its membership, and follow the commission’s bylaws and 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55020.5. (a) The committee shall meet periodically for the purposes specified in Article 4 (commencing with Section 55040) and Article 5 (commencing with Section 55050). (b) A majority of the membership of the committee shall constitute a quorum of the committee. The vote of a majority of the members present at which there is a quorum shall constitute an act of the committee. The committee may continue to transact business at a meeting at which a quorum is initially present, notwithstanding the withdrawal of members, provided any action is approved by the requisite majority of the required quorum. (c) As a committee of the commission, the committee established pursuant to Section 55020 shall conduct itself according to the bylaws and rules of the commission. (d) Sections 71051, 71053, 71063, and 71066 shall apply to the committee. (Amended by Stats. 2008, Ch. 414, Sec. 13. Effective January 1, 2009.)
  47. 55021.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The commission may designate banks to hold assessment funds, prescribe how they are accounted for, and designate agents to disburse 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55021. All funds received from the assessments levied pursuant to this chapter shall be deposited in banks that the commission may designate and be accounted for in a manner prescribed by the commission, and shall be disbursed by order of the commission through an agent or agents as it may designate for that purpose. (Amended by Stats. 2008, Ch. 414, Sec. 14. Effective January 1, 2009.)
  48. 55022.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    After a committee recommendation, the secretary must respond within 30 working days by starting rulemaking, declining with written reasons, or asking the committee for more information.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 3. Administration [55020 - 55022] ( Article 3 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55022. (a) Upon receipt of a recommendation from the committee for the promulgation, amendment, or repeal of regulations, the secretary shall within 30 working days do one of the following: (1) Initiate the rulemaking process with the regulation as recommended by the committee. (2) Decline to initiate the rulemaking process and provide the committee with a written statement of reasons for the decision. (3) Request that the committee provide additional information regarding the recommended regulations. (b) All regulations adopted pursuant to this chapter shall be adopted in compliance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code and may be subsequently repealed or amended as provided for in that chapter. (Amended by Stats. 2008, Ch. 414, Sec. 15. Effective January 1, 2009.)
  49. 5503.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    The Legislature says property owners and state government representatives may voluntarily meet and agree on roadside vegetation control to reduce damage to nearby 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5503. The Legislature hereby finds and declares all of the following: (a) The unannounced and poorly coordinated use of pesticides to control roadside vegetation has too frequently resulted in damage to adjacent or contiguous private property. In some instances, this activity has caused growers to needlessly suffer economic loss or damage to their crops. (b) Property owners have a right to know beforehand the manner in which state government intends to control the roadside vegetation adjacent or contiguous to their property. (c) It is in the public interest to establish a voluntary mechanism by which private property owners may meet and confer with representatives of state government to enter into mutually acceptable voluntary agreements to promote coordinated programs for roadside vegetation control, and thereby minimize damage to adjacent and contiguous property. (d) Mutually acceptable agreements may include, but are not limited to, provisions whereby the property owner assumes responsibility for roadside vegetation control in a manner which is at least as effective as that proposed by state government, the use of mechanical means of vegetation control, the use of a combination of pesticide and mechanical means of control, a delay in the application of a pesticide, or the use of different pesticides. (e) Private property owners and representatives of state government are encouraged to voluntarily develop creative and innovative means to accomplish the goals and objectives of this chapter. (Amended by Stats. 1996, Ch. 361, Sec. 2. Effective January 1, 1997.)
  50. 5504.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    An agency must promptly give a requesting property owner certain roadside vegetation control information.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5504. An agency shall promptly provide any or all of the following information to a property owner who so requests: (a) The date on which the agency is scheduled, or planning, to conduct roadside vegetation control and the method or methods the agency is planning to use in the roadside vegetation control operation on, or along, the part of the roadway that is adjacent or contiguous to his or her property. (b) The frequency with which the agency is scheduled, or is planning, to conduct a roadside vegetation control operation on, or along, the part of the roadway adjacent or contiguous to his or her property. (c) Any other relevant information in the possession of the agency that may be of interest to the property owner of the property adjacent or contiguous to the roadside where the vegetation control operation is to be conducted. (Added by Stats. 1991, Ch. 737, Sec. 1.)
  51. 55040.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 4. Duties and Powers [55040 - 55047] ( Article 4 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The committee must review rice with characteristics of commercial impact at least every two years or when a rice handler files a petition, and a handler may file only one petition per rice variety in any two-year 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 4. Duties and Powers [55040 - 55047] ( Article 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55040. The powers and duties of the committee shall include, but not be limited to, all of the following: (a) Identifying rices that have characteristics of commercial impact. (b) Recommending to the secretary proposed regulations establishing terms and conditions for planting, producing, processing, or handling rice identified pursuant to subdivision (a), including, but not limited to, seed application requirements, field buffer zones, handling requirements, seed testing, and identity preservation requirements. All rice identified pursuant to subdivision (a) shall be subject to an identity preservation program. (c) Reviewing the efficacy of terms, conditions, and identity preservation programs imposed on the planting, producing, processing, or handling of rice identified pursuant to subdivision (a) using the most current industry standards and generally accepted scientific principles. (d) Recommending to the secretary on all matters pertaining to this chapter, including, but not limited to, the amendment or repeal of regulations adopted pursuant to this chapter, enforcement of this chapter, and setting the assessment rates. (e) The committee shall review each rice identified as having characteristics of commercial impact not less often than every two years, or upon receipt of a petition from a handler of rice. A handler of rice identified as having characteristics of commercial impact may not file more than one petition on a particular variety of rice in any two-year period. (f) Neither the recommendations of the committee nor any regulation adopted pursuant to this chapter shall be construed as establishing any production, processing, or market tolerance. (Amended by Stats. 2008, Ch. 414, Sec. 16. Effective January 1, 2009.)
  52. 55047.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 4. Duties and Powers [55040 - 55047] ( Article 4 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The committee must recommend to the secretary that regulations be adopted, amended, or repealed to meet the listed rice-protection purposes.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 4. Duties and Powers [55040 - 55047] ( Article 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55047. The committee shall recommend to the secretary that regulations be adopted, amended, or repealed by the secretary to accomplish all of the following purposes: (a) Maintain the integrity and prevent the contamination of rice which has not been identified pursuant to subdivision (a) of Section 55040. (b) Prevent the introduction of diseases, weeds, or other pests. (c) Ensure that persons handling seed for the production of rice identified pursuant to subdivision (a) of Section 55040, or that persons bringing rice identified pursuant to subdivision (a) of Section 55040 into the state for processing, notify the commission of the location of planting sites and of the dates and procedures for planting, producing, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040. (d) Ensure that persons receiving rice having been identified pursuant to subdivision (a) of Section 55040 produced outside the state for processing notify the commission of the location of the receipt and of the procedures for processing or handling the rice to prevent commercial impact to other rice and the spread of weeds, diseases, or other pests. (e) Ensure enforcement of terms and conditions imposed on the planting, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040. (f) Encourage research and development of new types of rice. (Amended by Stats. 2008, Ch. 414, Sec. 19. Effective January 1, 2009.)
  53. 5505.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    The agency may not carry out roadside vegetation control on a roadway segment tied to a property owner’s information request unless specified notice, meeting, and timing conditions are met, or subdivision (c) 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5505. The agency shall not conduct a roadside vegetation control operation on that portion of the roadway for which a property owner has made a request for information pursuant to Section 5504, until both of the conditions set forth in subdivisions (a) and (b) have been met or unless subdivision (c) applies: (a) The agency provides the property owner the requested information pursuant to Section 5504. (b) The property owner did not request a meeting with the representatives of the agency within 30 days after he or she received the information or, if so requested, the meeting is held in accordance with Section 5506. (c) The agency provided the property owner the requested information pursuant to Section 5504, the property owner requested a meeting to be held in accordance with Section 5506, and the agency, having made a good faith effort to accommodate the property owner in scheduling and conducting a meeting, is unable to reach an agreement with the property owner on a reasonable meeting time and place within 30 days of the initial request for a meeting. (Added by Stats. 1991, Ch. 737, Sec. 1.)
  54. 55050.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 5. Commercial Impact Rice [55050 - 55052] ( Article 5 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    A person generally may not plant, produce, process, or handle certain identified rice unless an exception applies and the activity complies with 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 5. Commercial Impact Rice [55050 - 55052] ( Article 5 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55050. Except as provided for in Section 55052, no person may plant, produce, process, or handle rice identified pursuant to subdivision (a) of Section 55040, except in compliance with this chapter. Regulations shall be adopted by the secretary, in accordance with Section 55022, to accomplish all of the following purposes: (a) Maintain the integrity and prevent contamination of rice which has not been identified pursuant to subdivision (a) of Section 55040. (b) Prevent the introduction of disease, weeds, or other pests. (c) Ensure that persons handling seed for the production of rice identified pursuant to subdivision (a) of Section 55040 or bringing rice identified pursuant to subdivision (a) of Section 55040 into the state for processing notify the commission of the location of planting sites and of the dates and procedures for planting, producing, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040. (d) Ensure that persons receiving rice having been identified pursuant to subdivision (a) of Section 55040 produced outside the state for processing notify the commission of the location of the receipt and of the procedures for processing or handling the rice to prevent commercial impact to other rice and the spread of weeds, diseases, or other pests. (e) Enforce the restrictions and conditions imposed on the planting, producing, processing, or handling of rice identified pursuant to subdivision (a) of Section 55040. (f) Encourage research and development of new types of rice. (Amended by Stats. 2008, Ch. 414, Sec. 20. Effective January 1, 2009.)
  55. 55051.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 5. Commercial Impact Rice [55050 - 55052] ( Article 5 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Rice may not be planted, produced, processed, or handled unless it has been reviewed by the committee, except as specified in Section 55052.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 5. Commercial Impact Rice [55050 - 55052] ( Article 5 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55051. Except as specified in Section 55052, rice shall not be planted, produced, processed, or handled unless it has been reviewed by the committee for the purposes of making the findings set forth in Section 55040, and if necessary, the establishment of regulations pursuant to Section 55047. (Amended by Stats. 2008, Ch. 414, Sec. 21. Effective January 1, 2009.)
  56. 55052.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 5. Commercial Impact Rice [55050 - 55052] ( Article 5 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Rice research on 50 acres or less is generally outside this chapter, but the researcher must notify the committee and follow committee-specified procedures.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 5. Commercial Impact Rice [55050 - 55052] ( Article 5 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55052. (a) Except as set forth in this section, this chapter shall not apply to 50 acres or less of rice of any type planted for research purposes. No one type may be planted on more than 50 acres in the state and be considered research within the meaning of this section. Any person conducting research on 50 acres or less shall notify the committee of the location of the acreage involved, and the proposed procedures for planting, producing, processing, or handling the rice. The committee shall review and approve, modify, or reject the proposed procedures to ensure that the research will not result in commercial impacts to other rice. The committee shall accept any procedures that have been previously approved or accepted by an agency of state or federal government unless the committee provides written justification for modifying or rejecting the procedures. (b) In addition to the information required pursuant to subdivision (a), the committee may require any person proposing to conduct research using rice brought into the state from another state or country to provide the committee with proposed procedures to ensure that the introduced rice is free of diseases, weeds, or other pests. The committee shall review and approve, modify, or reject the proposed procedures. The committee shall accept any procedures that have been previously approved or accepted by an agency of state or federal government unless the committee provides written justification for modifying or rejecting the procedures. (c) The notice required pursuant to this section shall not require specific information regarding the attributes of the rice that is the subject of the research. (d) The notice required by this section shall be provided in the time and manner specified by the committee. (e) This chapter shall not apply to research conducted by the University of California except for rice produced directly from the research that enters the channels of trade. (Amended by Stats. 2008, Ch. 414, Sec. 22. Effective January 1, 2009.)
  57. 5506.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    A property owner may request a meeting with the agency within 30 days after receiving the Section 5504 information, and the agency must meet and consider changes to the roadside vegetation control plan.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5506. (a) Within 30 days of receipt of the information required to be provided pursuant to Section 5504, the property owner may request a meeting with representatives of the agency to discuss the agency’s proposed schedule for, or method of, roadside vegetation control, or both the schedule and method to be used on, or along, the roadway adjacent or contiguous to his or her property. (b) Upon receipt of a request for a meeting pursuant to this section, the agency shall meet with the property owner at a mutually agreeable time and location. (c) The purpose of the meeting shall be to develop and adopt the following: (1) A schedule for the roadside vegetation control operation . (2) A method of roadside vegetation control that eliminates, or minimizes, damage to the property owner’s property while preserving the ability of the agency to conduct an effective roadside vegetation control program. (d) The agency shall consider and, if the facts presented to the agency warrant further action in order to carry out the objectives of this chapter, do any or all of the following: (1) Revise the schedule for the roadside vegetation control operation. (2) Revise the proposed methods of roadside vegetation control, including, but not limited to, the use of a pesticide or mechanical methods of control, or a combination thereof. (3) Use different pesticides, or different combinations or concentrations of pesticides. (4) Enter into an agreement with the property owner whereby the property owner agrees to assume the responsibility, in whole or in part, of roadside vegetation control by any lawful method of control, if the agency determines that the property owner’s method is as effective as the method proposed to be used by the agency. (e) The objective of this section is to establish a procedure for property owners and representatives of agencies to meet and confer in order to develop and adopt mutually acceptable times for, and methods of, well-coordinated and effective roadside vegetation control operations, and thereby minimize damage to adjacent or contiguous property. (f) If agreement cannot be reached between the property owner and the agency, the agency shall maintain responsibility for decisions affecting roadside vegetation control in the disputed area. (Amended by Stats. 1996, Ch. 361, Sec. 3. Effective January 1, 1997.)
  58. 55060.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Certain rice handlers must pay annual assessments to the commission, and some import handlers must report before receiving the rice or seed and pay an assessment.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55060. (a) Handlers of seed for the production of rice identified pursuant to subdivision (a) of Section 55040, shall annually pay to the commission an assessment in an amount not to exceed five dollars ($5) per hundredweight (cwt.). (b) The first in-state handler of paddy or brown rice identified pursuant to subdivision (a) of Section 55040, or of seed for the production of rice identified pursuant to subdivision (a) of Section 55040, brought into the state from outside California, shall report to the commission prior to the receipt of the rice or seed and pay an assessment to the commission in an amount not to exceed ten cents ($0.10) per hundredweight (cwt.). The report and payment shall be made in the time and manner specified by the commission. (Amended by Stats. 2008, Ch. 414, Sec. 23. Effective January 1, 2009.)
  59. 55061.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The commission specifies when and how the assessment must be paid, and a person may not pay an assessment again for rice seed that has already been assessed.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55061. The assessment shall be paid in the time and manner specified by the commission. No assessment shall be paid by any person for any rice seed for which the assessment has been previously paid. Assessments not paid when due shall be subject to a penalty of 10 percent of the assessment and interest at the rate of 1 percent per month. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  60. 55062.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The commission must use all funds received under this chapter only for the chapter’s purposes.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55062. The commission shall use all funds received pursuant to this chapter for the purposes of this chapter. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  61. 55063.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The commission must publish an annual report of its activities and show how assessment money was used. The report, in aggregate form, must be available to any person on request.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 6. Assessments [55060 - 55063] ( Article 6 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55063. The commission shall publish an annual report of its activities including an accounting of the use of assessments collected pursuant to this chapter. The report, in aggregate form, shall be made available to any person upon request. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  62. 5507.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    If a property owner does not carry out an agreement under Section 5506, the agency may immediately perform the roadside vegetation control itself.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5507. If the property owner does not carry out the terms of any agreement entered into pursuant to paragraph (4) of subdivision (d) of Section 5506, as determined by the agency, the agency may immediately conduct the roadside vegetation control in accordance with the agency’s schedule and method of roadside vegetation control. (Added by Stats. 1991, Ch. 737, Sec. 1.)
  63. 55070.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The commission may set up and run a rice certification program, but the article does not allow rice to be certified as organic.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55070. The commission may establish a program allowing for the certification of any verifiable attribute of rice. The commission may operate the program or contract with qualified entities to implement all or any aspect of the program. No organization shall be considered qualified for the purposes of this article unless it can provide accurate, verifiable certification of identified attributes of seed, rough or paddy rice, or milled rice, as determined by the commission. This article does not authorize the certification of any rice as organic. Certification pursuant to this article shall not be construed as establishing any production, processing, or market tolerance. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  64. 55071.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Organizations seeking to certify rice must file their certification procedures and standards with the commission, and the certification plan must be kept by the commission and available for public inspection on request.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55071. (a) The commission shall require any organization seeking to certify rice pursuant to this article to file the procedures and standards of an internationally recognized identity preservation program or a certification plan, including, but not limited to, the following: (1) Minimum information to be required from seed producers, producers and handlers regarding production, growing, conditioning, or processing practices, and methods for verifying the information received. (2) Qualifications of, and training requirements for, all inspectors. (3) Procedures for inspection and testing methods, including a complete description of the sampling methodologies. (4) Criteria for certification and attributes to be certified. (5) Processes for decisionmaking relative to certification procedures, criteria, and methods. (b) The certification plan shall be kept by the commission and made available for public inspection upon request. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  65. 55072.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Organizations certifying rice must keep accurate certification records, keep them for three years, and show them for inspection when the commission makes a written demand at a reasonable time.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55072. Organizations certifying rice shall keep accurate books, accounts, and records of all activities relating to certification. The records shall be preserved for a period of three years and shall be submitted for inspection at any reasonable time upon written demand of the commission. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  66. 55074.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Organizations that certify rice for the commission must prepare a list of people whose rice has been certified or is pending certification at the end of each rice producing season, file it with the commission, and make it available for public inspection.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55074. At the end of each rice producing season, as established by the commission, each organization certifying rice for the commission shall prepare a list of all persons whose rice has been certified or is pending certification. This list shall be filed with the commission and shall be available for public inspection. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  67. 55075.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Rice producers, handlers, and rice-certifying organizations must let the commission inspect required records and provide copies within 72 hours of a request.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55075. (a) Notwithstanding any other provision of law, any producer or handler of rice sold as a certified rice and any organization certifying rice for the commission shall immediately make available for inspection by, and shall within 72 hours of a request provide to, the commission a copy of any record required to be kept under this chapter. Records acquired pursuant to this section and any information marked trade secret or confidential acquired by the commission in carrying out its duties under this chapter shall not be public records as that term is defined in Section 7920.530 of the Government Code and shall not be subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (b) The commission shall not be required to obtain records not in its possession in response to a subpoena. Prior to releasing records required to be kept pursuant to this chapter in response to a subpoena, the commission shall delete any financial information about any operation or transaction, information regarding the identity of suppliers or customers, the quantity or price of supplies purchased or products sold, and any information marked trade secret or confidential. (c) Except for those records subject to public inspection pursuant to Sections 55071 and 55074, this section shall be the exclusive means of public access to records required to be kept or obtained by the commission pursuant to this chapter. (Amended by Stats. 2021, Ch. 615, Sec. 129. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  68. 55076.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    The commission may certify rice from a specified area if it receives a petition supported by adequate evidence of good cause.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 7. Certification of Rice [55070 - 55076] ( Article 7 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55076. Upon receipt of a petition from any person providing adequate evidence of good cause to do so, the commission may declare all rice produced within a specified area to be certified as to any attribute. If the commission makes this declaration, all rice produced within the area shall be deemed certified, and may be labeled as provided in Section 55082 if the rice is handled to preserve its identity. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  69. 5508.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted broadly to carry out its purposes and objectives.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5508. This chapter shall be liberally construed to accomplish its purposes and objectives. (Added by Stats. 1991, Ch. 737, Sec. 1.)
  70. 55080.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    People in California who produce or handle rice to be certified must register with the commission or its designate before the first sale, and renew that registration every year unless they stop doing that work.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55080. Every person engaged in this state in the production or handling of rice to be identified as certified pursuant to this chapter, shall register with the commission or its designate prior to the first sale of rice so identified, and shall thereafter annually renew the registration unless the person is no longer engaged in the activities requiring registration. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  71. 55081.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Registration must use a commission-developed or commission-approved form, and the registration lasts for one rice producing season.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55081. Registration shall be on a form developed by the commission, or developed by its designate and approved by the commission, and shall be valid for one rice producing season. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  72. 55082.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Certified rice must be labeled with the required certification statement, and the label must also name the certifying organization designated by the commission.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55082. Rice certified pursuant to this chapter shall be labeled as follows or with substantially similar language: “THIS LOT OF RICE CERTIFIED (accurate identification of specified attribute) IN ACCORDANCE WITH THE CALIFORNIA RICE CERTIFICATION ACT OF 2000.” The label shall also include the name of any organization that provided the certification as the commission’s designate. The commission may revise the label language with the concurrence of the secretary. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  73. 55083.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    This section makes the chapter apply to certified rice in California and lets the commission recognize certain out-of-state certification programs instead of registration if they meet similar minimum standards.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 8. Sale of Certified Rice [55080 - 55083] ( Article 8 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55083. This chapter shall apply to all rice sold as certified pursuant to this chapter within the state, wherever produced or handled, and to all rice produced or handled in the state, wherever sold as certified, pursuant to this chapter; except that in lieu of registration under this chapter, the commission may recognize a certification program operating outside the state that certifies rice sold as certified, provided that program meets minimum standards substantially similar to those contained in this chapter. The commission may establish a procedure whereby certification organizations operating outside the state may apply for and receive recognition. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  74. 5509.

    ## 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 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. )

    Verify source ↗

    A property owner affected by an agency decision under this chapter may challenge it in court by mandamus, and may also ask for an injunction or other order to stop a violation of the chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6.5. Roadside Vegetation Control [5501 - 5509] ( Chapter 6.5 added by Stats. 1991, Ch. 737, Sec. 1. ) ## 5509. Any property owner affected by the decision of the agency made pursuant to this chapter may bring an action for writ of mandamus challenging the decision pursuant to Section 1085 of the Code of Civil Procedure. A property owner may also request a court to issue an injunction or order any other action to restrain any violation of this chapter. (Added by Stats. 1991, Ch. 737, Sec. 1.)
  75. 551.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. )

    Verify source ↗

    The Legislature states findings about promoting more resource-conserving, energy-efficient farming methods in California.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. ) ## 551. The Legislature finds and declares all of the following: (a) There is a growing movement in California and the nation to change farming techniques by adopting more resource-conserving, energy-efficient systems of agriculture. The objective of these changes is to produce agricultural products that may reduce the use of petrochemicals, improve means of biological pest management, improve soil productivity, improve erosion control, and improve irrigation, cultivation, and harvesting techniques. (b) Over the long term, adoption of more efficient resource-conserving systems of agricultural production can benefit both the producing and consuming public. (c) The resolution of many agricultural problems depends on immediate efforts to provide farmers with practices that are both resource conserving and economical for food producers, and to foster food production and distribution methods that reduce dependence on petroleum-based inputs. (Added by Stats. 2010, Ch. 200, Sec. 1. (AB 1891) Effective January 1, 2011.)
  76. 55100.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    It is unlawful to handle, advertise, or label rice in violation of this chapter. Retailers of rice acting in good faith and relying on producer or handler representations are generally not treated as violating the chapter, unless stated exceptions apply.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55100. (a) It is unlawful for any person to handle, advertise, or label rice in violation of this chapter. (b) Notwithstanding subdivision (a), a person engaged in business as a retailer of rice who in good faith handles, labels, or advertises any rice in reliance on the representations of a producer or handler that the rice may be sold as certified, shall not be found to violate this chapter, except under any of the following circumstances: (1) The retailer knew or should have known that the rice could not be sold as certified. (2) The retailer was engaged in producing or handling the rice. (3) The retailer prescribed or specified the manner in which the rice was produced or handled. (Amended by Stats. 2008, Ch. 414, Sec. 24. Effective January 1, 2009.)
  77. 55101.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    A person may not certify rice unless the commission has designated them, and may not make false statements or omit required facts.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55101. (a) It is unlawful for any person to certify rice in violation of this chapter. (b) It is unlawful for any person to certify rice unless designated by the commission. (c) It is unlawful for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed pursuant to Article 7 (commencing with Section 55070). (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  78. 55102.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    A person must not produce or handle rice sold as certified unless duly registered, and must not make false statements or omit required facts during registration.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55102. (a) It is unlawful for any person to produce or handle rice sold as certified unless duly registered pursuant to Section 55080. (b) It is unlawful for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, during registration pursuant to Section 55080. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  79. 55103.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Any person is forbidden from forging, falsifying, or mishandling required records 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55103. It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records as required by this chapter. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  80. 55104.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    A person must not fail or refuse to pay assessments levied 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55104. It is unlawful for any person to fail or refuse to pay any assessments levied pursuant to this chapter. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  81. 55105.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    A person may not plant, produce, process, or handle rice unless doing so complies 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55105. It is unlawful for any person to plant, produce, process, or handle rice, except in compliance with this chapter. (Amended by Stats. 2008, Ch. 414, Sec. 25. Effective January 1, 2009.)
  82. 55106.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Remedies under this chapter are cumulative and do not exclude other remedies, including remedies started by the commission or the department.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55106. All remedies provided by this chapter are cumulative and not exclusive of any other remedy, whether initiated by the commission or the department. (Repealed and added by Stats. 2008, Ch. 414, Sec. 27. Effective January 1, 2009.)
  83. 55108.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. )

    Verify source ↗

    Penalties received under this article must be handled as specified in Section 55062.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 9. Violations [55100 - 55108] ( Article 9 added by Stats. 2000, Ch. 579, Sec. 1. ) ## 55108. Penalties received pursuant to this article shall be handled as specified in Section 55062. (Added by Stats. 2000, Ch. 579, Sec. 1. Effective January 1, 2001.)
  84. 55110.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. )

    Verify source ↗

    The commission may receive and investigate complaints about alleged violations of this chapter, and may refer cases to the department for action.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. ) ## 55110. The commission may receive and investigate complaints regarding alleged violations of this chapter. The commission may refer cases to the department for action. (Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
  85. 55111.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. )

    Verify source ↗

    The commission must notify alleged violators and the secretary before taking further action, and the person may ask the secretary to review the decision and then seek judicial relief.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. ) ## 55111. (a) The commission shall provide notice to the person or persons, and to the secretary, alleged to have violated the provisions of this chapter informing him or her of the commission’s decision to take further action pursuant to this article. The person may seek a review of the commission’s decision by the secretary and thereafter may seek judicial relief. (b) Notwithstanding subdivision (a) and Section 55111.5, the commission may immediately seek injunctive relief, as specified in Section 55112. Any injunction obtained by the commission shall remain in full force and effect pending any review by the secretary. (Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
  86. 55111.5.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. )

    Verify source ↗

    The commission may enter into a written agreement with a person alleged to have violated this chapter to stop the alleged violation and help prevent future violations.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. ) ## 55111.5. The commission may enter into a written agreement with any person alleged to have violated this chapter that will cause the cessation of any alleged violation and avoidance of future violations. (Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
  87. 55112.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. )

    Verify source ↗

    The commission may bring civil actions and seek attachment or injunctive relief, but it must give notice before suing and review information before seeking injunctions.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. ) ## 55112. (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and for obtaining a writ of attachment, specific performance, or injunctive relief regarding this chapter. The commission may seek a writ of attachment or injunctive relief, including, but not limited to, a temporary restraining order, preliminary injunction, or a permanent injunction, in order to prevent any violation or threatened violation of this chapter. (b) The commission shall provide notice to the person alleged to have violated this chapter prior to commencing a civil action. (c) A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated, or has threatened to violate, this chapter. No bond shall be required to be posted by the commission as a condition for the issuance of the requested writ of attachment or injunctive relief. (d) A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 of the Code of Civil Procedure shall not be required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or inadequate remedy at law specified in Sections 526 and 527 of the Code of Civil Procedure shall not be required. (e) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding rice until there is full compliance and satisfaction of the judgment. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal place of business of the commission. The commission may be sued only in the county of its principal office. (f) Prior to bringing an action for injunctive relief pursuant to this section, the commission shall review all available information, recommend specific enforcement action to the secretary, and allow the secretary the opportunity to respond. Notwithstanding the secretary’s response, nothing in this section shall be construed as preventing the commission from bringing the action. (Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
  88. 55113.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. )

    Verify source ↗

    The commission is entitled to reimbursement for reasonable attorney’s fees and related enforcement costs.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 10. Investigations and Actions by the Commission [55110 - 55113] ( Article 10 added by Stats. 2008, Ch. 414, Sec. 29. ) ## 55113. The commission shall be entitled to receive reimbursement for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in enforcement of this chapter. (Added by Stats. 2008, Ch. 414, Sec. 29. Effective January 1, 2009.)
  89. 55120.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. )

    Verify source ↗

    The department may investigate referred complaints, inspect premises, and take enforcement action, including seizing rice and destroying it only after notice and an informal hearing before the 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. ) ## 55120. The department may investigate complaints referred to it by the commission regarding alleged violations of this chapter. The department may enter and inspect the premises of any person subject to this chapter for the purpose of inspecting rice, rice processing, or handling activities governed by this chapter. If the department determines that violations have occurred, the department may take action authorized by this chapter, including, but not limited to, seizing and destroying rice. Rice may not be destroyed by the department without due notice to the person whose rice was seized and an informal hearing before the secretary pursuant to procedures adopted by the department. (Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
  90. 55121.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. )

    Verify source ↗

    The department may bring civil actions and use legal or equitable remedies to address violations 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. ) ## 55121. The department may commence civil actions and utilize all remedies provided in law or equity for obtaining a writ of attachment, specific performance, or injunctive relief for violations of this chapter. (Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
  91. 55122.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. )

    Verify source ↗

    The department may impose civil penalties for grossly negligent or willful rice-chapter violations, and the secretary may impose smaller penalties for negligent or unintentional violations or issue a notice of violation for a first minor offense.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. ) ## 55122. (a) The department may levy a civil penalty against any person who is grossly negligent or willfully violates this chapter in an amount of not more than fifteen thousand dollars ($15,000) for each violation. Each day a grossly negligent or willful violation of this chapter continues, for a period that shall not exceed 10 days, may be a separate violation. The amount of the penalty assessed for each violation shall be based upon the nature of the violation, the seriousness of the effect of the violation upon the effectuation of the purposes and provisions of this chapter, and the impact of the penalty on the violator, including the deterrent effect on future violations. If the secretary determines, based on evidence submitted, that the grossly negligent or willful violation has the potential to seriously impact the ability of California rice producers to produce or market rice without characteristics of commercial impact, each day shall be considered a separate violation and the period of time shall not exceed a total of 20 days. (b) Upon a finding that a violation was negligent or unintentional, the secretary may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation. (c) For a first offense, and upon a finding that the violation is minor and negligent or unintentional, in lieu of a civil penalty as prescribed in subdivision (b), the secretary may issue a notice of violation. (d) A person against whom a civil penalty is levied shall be afforded an opportunity for a hearing before the secretary, upon a request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to present evidence on his or her own behalf. If no hearing is requested, the civil penalty shall constitute a final and nonreviewable order. (e) If a hearing is held, review of the decision of the secretary may be sought by the person against whom the civil penalty is levied within 30 days of the date of the final order of the secretary pursuant to Section 1094.5 of the Code of Civil Procedure. (f) A civil penalty levied by the department pursuant to this section may be recovered in a civil action brought in the name of the state. (Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
  92. 55123.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. )

    Verify source ↗

    The department may receive reimbursement for reasonable attorney’s fees and related enforcement costs, and it must use all money received under this chapter only for this chapter’s purposes.

    ## 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 4. California Rice Certification Act of 2000 [55000 - 55123] ( Chapter 4 added by Stats. 2000, Ch. 579, Sec. 1. ) ## ARTICLE 11. Investigations and Actions by the Department [55120 - 55123] ( Article 11 added by Stats. 2008, Ch. 414, Sec. 30. ) ## 55123. (a) The department shall be entitled to receive reimbursement for any reasonable attorney’s fees and other related costs, including, but not limited to, investigative costs, involved in enforcement of this chapter. (b) The department shall use all funds received pursuant to this chapter for the purposes of this chapter. (Added by Stats. 2008, Ch. 414, Sec. 30. Effective January 1, 2009.)
  93. 552.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. )

    Verify source ↗

    This section states the purpose of the article: to promote research and education on sustainable agricultural practices and to support economically and ecologically beneficial methods for California agriculture.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. ) ## 552. The purpose of this article is to promote more research and education on sustainable agricultural practices, such as organic methods, biological control, and integrated pest managements, including the analysis of economic factors influencing the long-term sustainability of California agriculture. This article is intended to foster economically and ecologically beneficial means of soil improvement, pest management, irrigation, cultivation, harvesting, transportation, and marketing for California agriculture based on methods designed to accomplish all of the following: (a) The control of pests and diseases of agricultural importance through alternatives that reduce or eliminate the use of pesticides and petrochemicals. (b) The production, processing, and distribution of food and fiber in ways that consider the interactions among soil, plants, water, air, animals, tillage, machinery, labor, energy, and transportation to enhance agricultural efficiency, public health, and resource conservation. (Added by Stats. 2010, Ch. 200, Sec. 1. (AB 1891) Effective January 1, 2011.)
  94. 55251.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “grain and seed” and “grain and seed cleaner” 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 55251. As used in this chapter: (a) “Grain and seed” includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by grain and seed cleaners. (b) “Grain and seed cleaner” means a person that is lawfully engaged in the business of cleaning grain and seeds for others. (Enacted by Stats. 1967, Ch. 15.)
  95. 55252.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an owner sends grain and seed to a cleaner and wants the cleanings kept, the owner must make a written request to have the cleanings segregated and held.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 55252. If the owner delivers any grain and seed to a grain and seed cleaner for cleaning, and desires to have the cleanings from the grain and seed kept for him, he shall make written request to the grain and seed cleaner to segregate and hold all cleanings which result from the cleaning of the grain and seed. (Enacted by Stats. 1967, Ch. 15.)
  96. 55253.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    If the owner asks, the cleaner must sack or otherwise separate the cleanings and give the owner written notice when the cleaning is finished.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 55253. If a request is made by the owner, the cleaner shall sack or otherwise segregate the cleanings and give written notice to the owner when the cleaning is completed. (Enacted by Stats. 1967, Ch. 15.)
  97. 55254.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A grain and seed cleaner may dispose of cleanings after a five-day waiting period if the cleanings are not removed from the plant after notice or required authorization.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 55254. If the cleanings are not removed from the cleaning plant within five days after the mailing of the written notification to the owner, as provided in Section 55253, or five days from the date of receiving authorization to move the cleanings if such authorization is required by Section 7571, the grain and seed cleaner may dispose of the cleanings in such manner as is provided by law. (Enacted by Stats. 1967, Ch. 15.)
  98. 55255.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If no law already governs disposal of the cleanings and the required authorization is received, the grain and seed cleaner may sell or otherwise dispose of the cleanings and must pay the grower the net sale receipts after reasonable sale expenses and any claims are satisfied.

    ## 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 5. Grain and Seed Cleaners [55251 - 55255] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 55255. If no disposition of the cleanings is provided for by law and authorization to move the cleanings if required by Section 7571 is received as provided in Section 55254, the grain and seed cleaner may dispose of the cleanings by sale or otherwise and shall pay the grower the net receipts received from such sale after deducting reasonable expenses of the sale and satisfying any claims which he may have against such cleanings. (Enacted by Stats. 1967, Ch. 15.)
  99. 553.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. )

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    The Regents of the University of California are intended to establish the Sustainable Agriculture Research and Education Program, and eligible institutions and nonprofit tax-exempt organizations may apply for its competitive grants.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. ) ## 553. (a) It is the intent of the Legislature that the Regents of the University of California establish the Sustainable Agriculture Research and Education Program to support all of the following: (1) Competitive grants for research on topics described in Section 552. (2) The giving of instructions and practical demonstrations in agriculture and imparting information through demonstrations, publications, and otherwise, and for printing and distribution of information in connection with the Sustainable Agriculture Research and Education Program. Where feasible, these demonstrations shall include field research conducted on cooperating farms. (3) Planning for and management of University of California farmlands committed to supporting long-term continuous research in sustainable agricultural practices and farming systems. (b) Those eligible to apply for competitive grants under subdivision (a) shall include individuals affiliated with public and private institutions of higher education and with nonprofit tax-exempt organizations. (c) All grant applications shall be subject to peer review for scientific merit. (d) In awarding grants, preference shall be given to projects that include field evaluation and offer the greatest potential for measurable progress toward attaining the long-term goals pursuant to Section 552. (Added by Stats. 2010, Ch. 200, Sec. 1. (AB 1891) Effective January 1, 2011.)
  100. 554.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. )

    Verify source ↗

    If the program is established, the University of California’s president must create and appoint two advisory committees.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 3. Other Powers and Duties [401 - 593] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. ) ## 554. (a) If the Sustainable Agriculture Research and Education Program is established by the regents, the President of the University of California shall establish and appoint a Program Advisory Committee and a Technical Advisory Committee. (b) The duties of the Program Advisory Committee shall include recommending goals and priorities for this program, including, but not limited to, reviewing the priority of grant applications. (c) The Program Advisory Committee shall be composed of a majority of individuals representing agriculture, as well as representatives from government, public organizations, and institutions of higher education, all of whom are knowledgeable regarding the issues and practices of sustainable agriculture. (d) The duties of the Technical Advisory Committee shall include making recommendations about the scientific merit of grant applications submitted pursuant to Section 553. (e) The Technical Advisory Committee shall be composed of faculty and staff of the University of California and other experts from outside the university. (f) Members of the Program Advisory Committee and Technical Advisory Committee who are not employed by the University of California shall be appointed for a period not exceeding three years and receive compensation for expenses incurred in the performance of their duties according to applicable university regulations and guidelines. (Added by Stats. 2010, Ch. 200, Sec. 1. (AB 1891) Effective January 1, 2011.)
  101. 55401.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article’s definitions 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55401. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  102. 55402.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Agent” means a person who, for a processor, contracts for or solicits farm products from a producer, or negotiates the purchase of farm 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55402. “Agent” means any person that on behalf of any processor contracts for or solicits any farm product from a producer of the farm product, or that negotiates the purchase of any farm product on behalf of any processor. (Enacted by Stats. 1967, Ch. 15.)
  103. 55402.3.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Cash” means U.S. coin or currency, and it does not include a check or money order.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55402.3. “Cash” means coin or currency of the United States, and does not include a check or money order. (Added by Stats. 1979, Ch. 871.)
  104. 55402.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “cash buying processor” for farm 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55402.5. “Cash buying processor” means any person who is engaged in the business of processing or manufacturing any farm product; who obtains from the producer of any farm product, title to, or possession or control of the farm product; and who buys or agrees to buy any farm product, by cash payment of the full agreed price of such product to the producer at the time of obtaining possession or control or at the time of contracting for title to, or possession or control of any farm product. (Added by Stats. 1979, Ch. 871.)
  105. 55403.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “farm product” and lists several included and excluded 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55403. “Farm product” includes every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, poultry product, livestock product, and livestock for immediate slaughter. It does not include timber or any timber product, milk or any milk product, any aquacultural product, or cattle sold to any person who is bonded under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.). (Amended by Stats. 1997, Ch. 696, Sec. 2. Effective January 1, 1998.)
  106. 55404.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This provision defines “lender” to include any person that advances new value to a processor.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55404. “Lender” includes any person that advances new value to a processor. (Enacted by Stats. 1967, Ch. 15.)
  107. 55404.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Licensee” means a person licensed under this chapter as a processor or cash buying processor.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55404.5. “Licensee” means any person licensed under the provisions of this chapter as a processor or cash buying processor. (Added by Stats. 1979, Ch. 871.)
  108. 55405.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “new value” as a new advance or loan made by a lender to a processor, and excludes renewals, extensions, or substituted obligations.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55405. “New value” includes any new advance or loan, whether in money or other property, which is made by a lender to a processor. It does not, however, include any extension or renewal of any existing obligation of the processor, nor any obligation which is substituted for such existing obligation. (Enacted by Stats. 1967, Ch. 15.)
  109. 55406.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Packout basis” means payment for a farm product is determined by the grade or quality of the finished product, measured when processing is completed.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55406. “Packout basis” means that payment for the farm product is based on the grade or quality of the finished product, as determined at the completion of the processing. (Enacted by Stats. 1967, Ch. 15.)
  110. 55407.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “processor” for farm 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55407. “Processor” means any person that is engaged in the business of processing or manufacturing any farm product, that solicits, buys, contracts to buy, or otherwise takes title to, or possession or control of, any farm product from the producer of the farm product for the purpose of processing or manufacturing it and selling, reselling, or redelivering it in any dried, canned, extracted, fermented, distilled, frozen, eviscerated, or other preserved or processed form. It does not, however, include any retail merchant that has a fixed or established place of business in this state and does not sell at wholesale any farm product which is processed or manufactured by him. (Amended by Stats. 1967, Ch. 807.)
  111. 55408.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Producer” means a person engaged in the business of growing or producing a farm 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55408. “Producer” means any person that is engaged in the business of growing or producing any farm product. (Enacted by Stats. 1967, Ch. 15.)
  112. 55409.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines when juice or must for wine counts as a farm product, and when it does not.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [55401 - 55409] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 55409. Juice or must used for wine which, as a condition of sale, is required to be pressed or crushed from grapes in the field or at a facility not owned by the purchasing vintner, is a farm product for purposes of this chapter. Juice or must which was not required to be pressed or crushed from grapes as a condition of a sale, and which is stored for the account of the producer who grew the grapes, is not a farm product when it is sold. (Added by Stats. 1986, Ch. 197, Sec. 1.)
  113. 55431.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    This section states that marketing agricultural commodities in the state is a matter of public interest and that the chapter is enacted under the state’s police powers to protect public welfare.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55431. The marketing of agricultural commodities within this state is hereby declared to be affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (Enacted by Stats. 1967, Ch. 15.)
  114. 55432.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    The director may publish a pamphlet listing licensed processors and the regulations needed to enforce 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55432. The director may publish in pamphlet form as often as he thinks necessary a list of processors that are licensed pursuant to this chapter, together with all necessary regulations which concern the enforcement of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  115. 55433.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Certain money in the Department of Food and Agriculture Fund may be used to administer and enforce specified chapters, and some fee-derived money is reserved for Chapter 7.2.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55433. (a) Any money in the Department of Food and Agriculture Fund that was derived pursuant to this chapter, or Chapter 7 (commencing with Section 56101), may be expended for the administration and enforcement of these chapters and Chapter 7.2 (commencing with Section 56701), notwithstanding any other law that limits the expenditure of any such money to the specific purposes or to the administration or enforcement of each of the chapters separately. (b) Notwithstanding subdivision (a) and Section 221, only moneys derived from the fees collected pursuant to Sections 55861, 55863, 56571, and 56574 may be used for purposes of Chapter 7.2 (commencing with Section 56701). (Amended by Stats. 2024, Ch. 603, Sec. 2. (SB 1270) Effective January 1, 2025.)
  116. 55435.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A bond covered by this chapter cannot validly shorten the time to sue on the bond to less than six months after the 35-day bond period 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55435. No provisions in any bond which is given pursuant to any provision of this chapter which attempts by contract to shorten the period which is prescribed for the commencement of an action on the bond by Section 337 of the Code of Civil Procedure, is valid if such provision attempts to limit the time for commencement of action on the bond to a shorter period than six months from the termination of the 35-day period which is covered by such bond. (Enacted by Stats. 1967, Ch. 15.)
  117. 55435.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Licensed processors may not employ certain people as agents unless the department grants an exemption.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55435.5. (a) Except pursuant to an exemption granted by the department, no person licensed under this chapter shall employ as an agent any person who meets any of the following criteria: (1) Whose license has been revoked, or is currently suspended. (2) Who has committed any one flagrant or repeated violations of this chapter or Chapter 7 (commencing with Section 56101). (3) Who failed to pay a producer’s claims for which the person, or, where the person controlled the decision to pay, the person’s employer, was liable, and which arose out of the conduct of a business licensed, or required to be licensed, under this chapter or Chapter 7 (commencing with Section 56101). (4) Who has been convicted of a crime that includes as one of its elements the financial victimization of another person. (b) The department may approve the employment of any person covered under subdivision (a), if the licensee furnishes and maintains a surety bond in the form and amount satisfactory to the department, but which shall not be less than ten thousand dollars ($10,000), as assurance that the licensee’s business will be conducted in accordance with this chapter and that the licensee will pay all amounts due California producers. The department may approve employment without a surety bond after the expiration of four years from the effective date of the applicable disciplinary order. The department, based on changes in the nature and volume of business conducted by the licensee, may require an increase or authorize a reduction in the amount of the bond, but in no case shall the bond be reduced below ten thousand dollars ($10,000). A licensee who is notified by the department to provide a bond in an increased amount shall do so within a reasonable time to be specified by the department, and if the licensee fails to do so, the approval of employment shall automatically terminate. The department may suspend or revoke the license of any licensee who, after the date given in the notice, continues to employ any person in violation of this section. (c) The department may obtain access to a licensee’s or agent’s criminal record during the course of a licensing investigation opened for other reasons or if the department is presented with a reasonable basis to believe an agent or licensee satisfies any of the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a). The Department of Justice shall furnish criminal record information to the department at the department’s request. If the information thereby obtained reveals a conviction for a crime that includes as one of its elements the financial victimization of another person, the department shall bring this to the attention of the licensee and the agent by a written notice. This written notice shall set out the charges against the licensee or agent, prohibit employment or revoke or deny the license effective if and when any rights to an administrative hearing have been exhausted, and set out the licensee’s or agent’s rights under this section. (d) The department may grant an exemption on presentation of substantial, clear, and convincing evidence to support a reasonable belief as to any of the following: (1) There has been a mistake of fact or identity. (2) The present role as an agent provides no opportunity for a repeat of the prior behavior. (3) The person has been rehabilitated. All submissions shall be authenticated and verified under penalty of perjury. Unless the licensee or agent can prove one of these three elements by substantial, clear, and convincing evidence, the department shall deny the request for exemption. (e) (1) A licensee or agent who has been identified by the department as satisfying any of the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a) and who has not been granted an exemption by the department shall be afforded a hearing upon the licensee’s or agent’s request under this chapter. The licensee or agent shall not have a right of hearing if the department did not notify the employer or deny an exemption. (2) At the hearing, the department shall have the burden to prove that any of the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a) are satisfied by a preponderance of the evidence. It shall be the licensee’s or agent’s burden to prove rehabilitation by substantial, clear, and convincing evidence. (3) In the case of a criminal conviction, “convicted of a crime” includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this section or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. (4) For purposes of this section or any other provision of this chapter, a certified copy of a decision and order or minutes of the court in which a finding is made concerning any of the criteria set forth in paragraphs (1) to (3), inclusive, of subdivision (a), is prima facie evidence of the truth of the charge and collateral estoppel applies. (f) The documents and information procured pursuant to this section shall be considered the records of a consumer and shall not be construed to be a public record. The documents and information shall remain confidential, except in actions brought by the department to enforce this division, or as a result of the issuance of a subpoena in accordance with Section 1985.4 of the Code of Civil Procedure. The unauthorized release of the documents received from the Department of Justice or the information contained in those documents is a misdemeanor. (Amended by Stats. 1997, Ch. 696, Sec. 2.5. Effective January 1, 1998.)
  118. 55436.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Civil suits and criminal prosecutions under this chapter may be started and tried in certain counties.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55436. Civil suits and criminal prosecutions which arise by virtue of any provision of this chapter may be commenced and tried in any of the following: (a) The county where the products were received by the processor. (b) The county in which the principal place of business of such processor is located. (c) The county in which the violation of this chapter occurred. (Enacted by Stats. 1967, Ch. 15.)
  119. 55437.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    This section says the chapter’s rights, remedies, and penalties are additional to any other legal rights, remedies, or penalties, and conflicting laws are repealed.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55437. The rights, remedies, and penalties which are provided for in this chapter are in addition to any other rights, remedies, or penalties which are provided for by law, and any acts or parts of acts in conflict therewith are hereby repealed. (Enacted by Stats. 1967, Ch. 15.)
  120. 55438.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    This section makes Part 2 of the Code of Civil Procedure the rules of practice for the proceedings covered by this chapter, except where this chapter says 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55438. Except as otherwise provided in this chapter, the provisions of Part 2 (commencing with Section 307) of the Code of Civil Procedure are applicable to, and constitute the rules of practice in, the proceedings which are mentioned in this chapter, and the provisions of Part 2 of the Code of Civil Procedure relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter, apply to the proceedings which are mentioned in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  121. 55439.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    If part of this chapter is found invalid by a court, the rest of the chapter remains in effect.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [55431 - 55439] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 55439. If any clause, sentence, paragraph, or part of this chapter is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, or part of this chapter which is directly involved in the controversy in which such judgment is rendered. (Enacted by Stats. 1967, Ch. 15.)
  122. 55461.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [55461 - 55462] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    This chapter does not apply to qualifying nonprofit cooperative associations or their agents acting in the course of their duties, but it does apply to certain activities involving nonmembers’ farm products and asserting members’ lien rights.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [55461 - 55462] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 55461. This chapter does not apply to or include any nonprofit cooperative association which is organized and operating pursuant to Chapter 1 (commencing with Section 54001) or pursuant to similiar laws of any other states, the District of Columbia, or the United States. This chapter also does not apply to the agents of these organizations in the performance of their duties. This chapter does apply to the activities of the organization, or agent, which involve the handling or dealing in any farm product of nonmembers of the organization, and activities of such an organization, or agent, which involve acting as a producer bargaining association asserting the lien rights of its members. (Amended by Stats. 1986, Ch. 1109, Sec. 1.)
  123. 55462.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [55461 - 55462] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    For cattle trading, this chapter does not apply to bonded persons who are engaged in buying or selling cattle under the federal Packers and Stockyards Act, 1921.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [55461 - 55462] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 55462. For the purposes of trading in cattle, this chapter does not apply to or include any person who is bonded under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.) who is engaged in the business of buying or selling cattle. (Added by Stats. 1997, Ch. 696, Sec. 3. Effective January 1, 1998.)
  124. 55481.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    A person may not act as an agent unless they first obtain a license 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55481. A person shall not act as an agent unless such person has first obtained a license as provided in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  125. 55482.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    Before acting as an agent, a person must file a license application with the director and include the required application fee.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55482. Every person, before acting as an agent, shall file an application with the director for a license to so act. The application shall be accompanied by the application fee which is prescribed by Article 16 (commencing with Section 55861) of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  126. 55483.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    An applicant for an agent’s license must submit specified information and authorizations, and an incomplete application must be completed within 30 calendar days or it will be denied.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55483. (a) Each application shall include all of the following: (1) Such information as the department may consider proper or necessary. (2) The name and address of the applicant. (3) The name and address of the processor that is represented or sought to be represented by the agent. (4) The written endorsement or nomination of the processor. (5) A release authorizing the department, during consideration of the application and for the duration of licensure, to have access to and obtain financial information from both of the following: (A) The applicant’s files with credit reporting agencies. (B) The applicant’s files with banks, savings and loan associations, or any other financial institutions with whom the applicant has done business in the past or with whom the applicant intends to do business during the year of licensure. (6) A notice signed by the applicant that the department may obtain criminal record information during the course of a licensing investigation or upon presentation with a reasonable basis to believe the licensee has been convicted of a crime. An applicant whose application is incomplete shall be given written notice that a failure to complete it within 30 calendar days shall result in denial of the application. (b) The documents and information procured pursuant to this section shall be considered the records of a consumer and shall not be construed to be a public record. The documents and information shall remain confidential, except in actions brought by the department to enforce this division, or as a result of the issuance of a subpoena in accordance with Section 1985.4 of the Code of Civil Procedure. The unauthorized release of the documents received from the Department of Justice or the information contained in those documents is a misdemeanor. (c) The department shall adopt regulations that specify the proper and necessary information and supporting documentation the department requires for an application to be considered complete. (Amended by Stats. 1997, Ch. 696, Sec. 3.5. Effective January 1, 1998.)
  127. 55484.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The department must decide a completed application within 90 calendar days and may discipline a license for specified misconduct or deception.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55484. The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or revoke a license issued pursuant to this chapter upon any of the following grounds and in the manner provided in this chapter: (a) Upon one flagrant violation, as determined by the department, or upon repeated violations, by the holder or applicant, of any one or combination of the sections of this division or under any one or combination of the regulations promulgated by the department under the authority of this division. (b) Upon one flagrant violation, as determined by the department, or upon repeated violations, by a holder’s or applicant’s agent, employee, or contractor, or of an organization or entity in which the holder or applicant holds a significant financial interest, of any one or combination of the sections of this division or any one or combination of the regulations promulgated under this division under circumstances where the holder or applicant knew or should have known and failed to take reasonable measures to prevent the violation or failed to report the violation to the department upon learning of the violation. (c) On the conviction of the holder or applicant of a crime that includes as one of its elements the financial victimization of another person. However, if the licensee was licensed prior to January 1, 1998, and the department knew of, or was on notice of, the conviction, that conviction may not form the basis of a discipline under this subdivision. (d) On the grounds of a false or misleading statement by a holder or applicant that the holder or applicant knew or should have known to be false or misleading, directed to any official of any government concerning the scope of any indicia of authority, including, but not limited to, the holder’s or applicant’s license associated with the holder’s or applicant’s business, the standards under which the indicia was authorized, the contents of the application for licensure, or the holder’s or applicant’s relationship to the indicia. (e) On the grounds that a holder or applicant, or a holder’s or applicant’s agency, employee, or contractor, or an organization or entity in which a holder or applicant holds a significant financial interest, deceived a grower in any material matter. Deception, for purposes of this subdivision, does not require scienter, but requires active misrepresentation where the actor knew the representation to be false or where the actor should have known, with due consideration, that he or she did not know whether or not the representation was true or false. (Repealed and added by Stats. 1997, Ch. 696, Sec. 5. Effective January 1, 1998.)
  128. 55484.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The department may discipline license applicants or holders after a violation is found, but it cannot dismiss the action for minor violations or mitigation, and it must ignore certain listed factors when deciding discipline.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55484.5. (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 55484 and an applicant’s or holder’s fitness for licensure. (b) The department shall not dismiss an action where a violation, however minor, has been established. The department shall not dismiss an action because the applicant or holder establishes factors in mitigation. (c) However, the department may impose discipline other than denial or revocation of the license. As an alternative to revocation of a license, the department may stay a revocation subject to terms for a period of probation. As an alternative to denial the department may issue a license subject to conditions. Terms of probation or terms of conditional licensure may include, but are not limited to, a requirement of restitution, payment for extra audits, immediate revocation on a new violation, or any other terms that respond to the particular violations or circumstances found. (d) Once a finding of a violation has been made, the department may consider the following factors in assessing the appropriate level of discipline: (1) The relative isolation or infrequency of the conduct. (2) Whether the conduct was a part of a pattern or practice. (3) Whether the actor had been warned before. (4) Whether the actor considered the consequences of the conduct. (5) Whether the actor reasonably relied on others. (6) The severity of the consequences. (7) The mens rea of the actor. (8) In the case of a criminal conviction, evidence of rehabilitation. (9) The total licensing history. (e) The following factors shall not be considered in assessing the appropriate level of discipline: (1) The social or economic contributions of the applicant or holder. (2) General testimonials as to good character and worthiness to be licensed. (3) Economic hardship on the licensee. (4) “Mercy of the court” pleas in connection with criminal convictions, pattern or practice violations, or deception. (5) In the case of a felony criminal conviction, the department shall not consider rehabilitation unless the convicted person has a valid certificate of rehabilitation. (Added by Stats. 1997, Ch. 696, Sec. 6. Effective January 1, 1998.)
  129. 55484.75.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The department must stop reviewing a license application for a waiting period if the applicant had a revoked license within the last two years or a denied application within the last 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55484.75. (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that was revoked within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. The cessation of review shall not constitute a denial of the application for the purposes of this chapter, or any other provision of law. (b) If an application for a license indicates, or the department determines during the application review process, that the applicant had previously applied for a license and the application was denied within the last year, the department shall cease further review of the application until 30 days have elapsed from the date of the notification of the denial or from the effective date of the decision and order of the department upholding a denial. The cessation of review shall not constitute a denial of the new applicant for purposes of this chapter, or any other provision of law. (c) Nothing in subdivision (a) or (b) prohibits the department from taking into account the basis for denial or revocation in considering any new application subsequent to the elapse of the applicable period of prohibition. (Amended by Stats. 1999, Ch. 198, Sec. 1. Effective January 1, 2000.)
  130. 55485.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    An applicant must satisfy the department about the applicant’s character, responsibility, and good faith when applying to carry on the stated 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55485. The applicant shall satisfy the department of the applicant’s character, responsibility, and good faith in seeking to carry on the business that is stated in the application. (Amended by Stats. 1997, Ch. 696, Sec. 8. Effective January 1, 1998.)
  131. 55485.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    A license is forfeited before it expires if the holder surrenders it, dies, a partnership holder dissolves, a corporate holder transfers a significant financial interest, or the holder files certain bankruptcy cases.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55485.5. A license is forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The holder surrenders the license to the department. (b) The holder dies. (c) The partnership holder dissolves. (d) The holder of a significant financial interest in a corporation transfers his or her interest to another person or entity, regardless of relationship. (e) The holder files for bankruptcy under provisions other than those permitting and governing reorganization under bankruptcy. (Added by Stats. 1997, Ch. 696, Sec. 9. Effective January 1, 1998.)
  132. 55485.75.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The department keeps authority over a license case even if an application is withdrawn or a license expires, is forfeited, cancelled, or surrendered, unless the department consents in writing.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55485.75. (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or continue a proceeding against the applicant or to enter an order denying the license, unless the department consents in writing to such a withdrawal. (b) The expiration or forfeiture by operation of law of a license, or its forfeiture or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, does not deprive the department of its authority to institute or continue a disciplinary proceeding against the holder upon any ground provided by law or to enter an order revoking the license or otherwise taking disciplinary action against the holder. (c) Any action brought by the department against an applicant or holder does not abate by reason of the sale or other transfer of ownership of the business that is a party to the action, except with the written consent of the department. (d) Nothing in this division or in any other provision of this code deprives the department of the authority to settle or adjudicate a disposition of a case other than by revocation or denial. The department or the department’s designee may compromise with the applicant or holder in a written stipulation and order. The department may, following a hearing, order probation on terms and conditions as determined by the department. The authority conferred by this subdivision shall include, but not be limited to, the authority to order payment of amounts determined owing, the authority to dismiss an action on the department’s own initiative, the authority to order administrative penalties, the authority to order a respondent to pay for heightened audit scrutiny, the authority to suspend a license for a period of years, or any combination of remedies other than final revocation or denial of a license. (Added by Stats. 1997, Ch. 696, Sec. 10. Effective January 1, 1998.)
  133. 55488.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The department must give written notice before denying or revoking a license, and the applicant or holder can contest it by filing a notice of defense before the notice period 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55488. (a) The department shall notify the applicant or holder in writing of the department’s decision to bring charges to deny or revoke a license. (1) The notice shall inform the applicant or holder of the charges against him or her, of the department’s proposed disciplinary action, and of his or her rights under this chapter. (2) The notice shall be served by certified mail to the applicant’s or holder’s last known address. (3) The notice shall be mailed to the applicant or holder at least 30 calendar days in advance of the impending action. (b) The department’s proposed action shall become final unless the applicant or holder appeals prior to the end of the notice period by submitting a notice of defense to the department in a form specified by the department. The notice shall be transmitted to the department in a form that is written, including, but not limited to, by facsimile. (c) If the department receives a timely notice of defense, the department shall schedule a hearing within 90 calendar days of receipt of the notice of defense. Pending the final decision at the conclusion of the hearing, a revocation shall be stayed. (d) Proceedings for the revocation or denial of a license issued under this chapter shall be conducted by hearing officers appointed for that purpose by the department. The department may elect to use hearing officers employed by the Office of Administrative Hearings. The hearing officers shall be independent of the Market Enforcement Bureau, but may be employees of the department. The hearing officers shall be qualified administrative law judges. (e) Proceedings shall be conducted generally in accordance with the provisions of Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, proceedings need not conform strictly to any “rules of court” adopted as regulations by the Office of Administrative Hearings to guide the conduct of hearings conducted by the Office of Administrative Hearings. The department has all power granted by Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (1) The sole parties to the proceedings shall be the department and the applicant or holder. Third party intervention shall not be permitted. The disputes, claims, and interests of third parties shall not be within the jurisdiction of the proceedings. However, nothing in this paragraph prohibits any interested party from submitting an amicus brief if the hearing officer requests written briefs. (2) The validity of a department regulation or order shall not be within jurisdiction of the proceedings. (3) Law and motion matters shall be handled by the assigned hearing officer. (4) The hearing officer may not enter into settlement discussions. (5) The hearing officer may not issue sanctions. (f) In all proceedings conducted in accordance with this section, the standard of proof to be applied is the preponderance of the evidence. When the department seeks to revoke an existing license, the department shall have the burden of proof and the burden of producing evidence. (g) Decisions following a hearing shall be adopted by the department or the department’s designee and become final unless remanded for reconsideration or alternated in accordance with Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (h) The department shall maintain a library of decisions that shall be made available to any person, including the parties to administrative actions during discovery. (Repealed and added by Stats. 1997, Ch. 696, Sec. 14. Effective January 1, 1998.)
  134. 55491.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director may issue each agent a separate license card for each processor the agent represents.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55491. The director may issue to each agent a separate license card for each processor represented by the agent. (Enacted by Stats. 1967, Ch. 15.)
  135. 55492.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    An agent must not display a void or expired license card; doing so is a misdemeanor.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55492. Any agent that displays a void or expired license card is guilty of a misdemeanor. (Enacted by Stats. 1967, Ch. 15.)
  136. 55493.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    An agent must show their license when any interested person asks to see 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Agent’s License [55481 - 55493] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 55493. Each agent shall show his license upon the request of any interested person. (Enacted by Stats. 1967, Ch. 15.)
  137. 555.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. )

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    If the regents establish the Sustainable Agriculture Research and Education Program, it must be established using existing resources.

    ## 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 8. Sustainable Agriculture [550 - 555] ( Article 8 added by Stats. 2010, Ch. 200, Sec. 1. ) ## 555. If the Sustainable Agriculture Research and Education Program is established by the regents, it shall be established from existing resources. (Added by Stats. 2010, Ch. 200, Sec. 1. (AB 1891) Effective January 1, 2011.)
  138. 5551.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Neglected or abandoned plants or crops are public nuisances if they threaten local agriculture or serve as a host or harbor for 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5551. Any neglected or abandoned plant or crop is a public nuisance in any of the following circumstances: (a) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any pest, in or on it. (b) It is a menace to the agriculture of the county, district, or vicinity because of the existence of any other condition than the condition described in subdivision (a). (c) It is a host plant of, or provides a favorable or likely harbor for, any pest. (Enacted by Stats. 1967, Ch. 15.)
  139. 5552.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    An uncultivated cotton plant, or one left from a previous season, is presumed to harbor pests and is 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5552. Any cotton plant which is uncultivated or that is left from a previous season is presumed to harbor pests and as such is a public nuisance. This presumption is a presumption affecting the burden of producing evidence. If any such cotton plant is not destroyed in the manner established by regulation of the director, by March 1st of any year or by such earlier date as shall be proclaimed by the director as the beginning of a host-free period pursuant to Section 5781 of this code, it is subject anytime thereafter to all remedies which are or may be given for the prevention or abatement of nuisances. (Amended by Stats. 1967, Ch. 308.)
  140. 55521.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    A person may not act as a processor or cash buying processor without first getting the required license.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55521. A person shall not act as a processor or a cash buying processor unless he has first obtained a license as provided in this chapter or in Section 56574. (Amended by Stats. 1979, Ch. 871.)
  141. 55522.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Before acting as a processor or cash buying processor, a person must file a license application with the director.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55522. Every person, before acting as a processor or a cash buying processor, shall file an application with the director for a license to so act. The application, unless it is an application for a conjunctive processor’s license pursuant to Section 56574, shall be accompanied by the application fee which is prescribed by Article 16 (commencing with Section 55861) of this chapter. (Amended by Stats. 1979, Ch. 871.)
  142. 55522.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    If a licensed business changes legal entity, it must notify the director within 15 days and get a new license before continuing licensed business; it also cannot keep operating or reuse documents in ways that hide the change.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55522.5. (a) It is unlawful for a licensee that has changed its legal entity to do any of the following: (1) Continue to operate after the change. (2) Purchase or handle any farm product from a person who had a farm product contract with the former licensee at the time of the change in entity without notifying that person, in writing, of the change in entity. (3) Use any invoice, contract, or other document associated with the purchase, consignment, or brokerage of any farm product that identifies the former licensee unless the new entity is conspicuously identified on the same invoice, contract, or other document as the entity responsible for the transaction. (b) The new entity shall notify the director in writing of the change in legal entity within 15 days of the change. The new legal entity shall, before it conducts business that requires a license, obtain a new license for the business. (c) Notwithstanding subdivision (b), if a licensee conducts business without a new license as a result of a change of legal entity, it may, within 120 days of the change, upon a showing of no substantial change in financial resources and liabilities, petition the director to grant a new license retroactive to the first day of the month during which the change occurred, and the director may grant the license with retroactive effect upon a finding that doing so would be consistent with the purposes of this chapter. Upon granting the petition, the director shall (1) require the licensee to pay an additional fee in an amount that will cover the expenses of the department in the matter, but not to exceed the fee for a new license, (2) place conditions on the license that are consistent with the purposes of this chapter as the director deems appropriate, and (3) require the licensee to pay an amount, for deposit in the Farm Products Trust Fund, equal to the amount that would have been required had the license been obtained in accordance with subdivision (b). (Amended by Stats. 1991, Ch. 733, Sec. 1.)
  143. 55522.6.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    If a licensee’s corporate status is suspended or forfeited, the license is revoked automatically, and the former licensee must notify the director and each farm product contract party within 15 days. The former licensee may ask the director to reissue the license within 90 days, and the director may reissue it and attach conditions or financial guarantee requirements.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55522.6. (a) If the Secretary of State suspends the corporate status of any licensee or if the corporate status is forfeited, the license is revoked by operation of law. The former licensee shall provide written notice of the suspension or forfeiture to the director, and to each person with whom it has a farm product contract, within 15 days of the date the Secretary of State mails the notice of suspension or forfeiture. (b) The former licensee, may, upon a showing of no substantial change in financial resources and liabilities, and within 90 days of the suspension or forfeiture of corporate status, petition the director for an order to reissue its license formerly held under this chapter. If the corporate status has been reinstated by the Secretary of State, the director may reissue the license if the director finds that doing so would be consistent with the purposes of this chapter. As a condition to reissuing the license, the director may (1) require the former licensee to undertake such financial guarantees, including the filing and maintaining bonds, as the director deems necessary to protect the interests of contracting parties, and (2) impose conditions on the license that are consistent with the purposes of this chapter as the director deems appropriate. (Added by Stats. 1991, Ch. 733, Sec. 2.)
  144. 55523.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    License applicants must provide specified information and authorizations, and incomplete applications must be completed within 60 calendar days or be denied.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55523. (a) Each application shall state all of the following: (1) The full name of the applicant. (2) If the applicant is a firm, exchange, association, or corporation, the full name of each member of the firm or the names of the officers of the exchange, association, or corporation. (3) The principal business address of the applicant in this state. (4) The name of every person who is authorized to receive and accept service of summons for the applicant. (5) A release authorizing the department, during consideration of the application and for the duration of licensure, to have access to and obtain financial information from both of the following: (A) The applicant’s files with credit reporting agencies. (B) The applicant’s files with banks, savings and loan associations, or any other financial institutions with whom the applicant has done business in the past or with whom the applicant intends to do business during the year of licensure. (6) A notice signed by the applicant or the applicant’s representative that the department may obtain criminal record information during the course of a licensing investigation or upon presentation with a reasonable basis to believe the licensee has been convicted of a crime. An applicant whose application is incomplete shall be given written notice that a failure to complete the application within 60 calendar days shall result in denial of the application. (b) The documents and information procured pursuant to this section shall be considered the records of a consumer and shall not be construed to be a public record. The documents and information shall remain confidential, except in actions brought by the department to enforce this division, or as a result of the issuance of a subpoena in accordance with Section 1985.4 of the Code of Civil Procedure. The unauthorized release of the documents received from the Department of Justice or the information contained in those documents, is a misdemeanor. (Amended by Stats. 2000, Ch. 768, Sec. 1. Effective January 1, 2001.)
  145. 55523.1.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Most license applications must include an affidavit, unless the application is for a cash buying processor license.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55523.1. In addition to the other requirements of this chapter, each application for a license, except for an application for a cash buying processor license, shall include an affidavit in which the applicant affirms that he or she is current in making all payments required under undisputed contract agreements, and that he or she will do all of the following: (a) Abide by all provisions of this chapter and Chapter 7 (commencing with Section 56101). (b) Prepare and retain financial records adequate to document all transactions with suppliers. (c) Prepare and retain current financial information, including, but not limited to, profit and loss statements and a balance sheet that presents fairly the financial condition as of the end of the applicant’s most recent fiscal year. The affidavit shall be on a form prescribed by the secretary and shall be submitted under penalty of perjury. (Amended by Stats. 1996, Ch. 620, Sec. 2. Effective January 1, 1997.)
  146. 55523.2.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    A license or renewal may be denied if the applicant’s financial information shows an unsound financial condition that would impair payment to farm products creditors 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55523.2. Any balance sheet or financial information prepared, retained, or submitted as required by this chapter that shows the applicant to be in an unsound financial condition that impairs the ability to pay farm products creditors in full for farm products received or handled is sufficient grounds to deny the application for license or the renewal of a license. The denial of the application for a license or renewal of a license relating to an unsound financial condition shall include a notice and an opportunity for a hearing. (Amended by Stats. 1996, Ch. 620, Sec. 3. Effective January 1, 1997.)
  147. 55523.3.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    If the secretary is not satisfied that an applicant or licensee is financially responsible, the secretary may accept an irrevocable guarantee instead of denying, suspending, or revoking the license.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55523.3. (a) If the secretary is not satisfied that an applicant or licensee is financially responsible, the secretary may, in lieu of denying, suspending, or revoking the license, accept an irrevocable guarantee of the obligations of the licensee to all California farm product creditors. The irrevocable guarantee may include a personal or corporate guarantee, a certificate of deposit, a bank letter of credit, or a surety bond, as determined to be appropriate by the secretary, and shall be in an amount that is at least sufficient to pay for the licensee’s obligations at the time the guarantee is issued. The guarantee shall be for any period, in any form, and in any amount that the secretary may, from time to time, require. The secretary may, as a condition of accepting and maintaining the guarantee, require the guarantor to supply financial information to the secretary at times and to the extent the secretary deems advisable. (b) A guarantee placed with the secretary pursuant to subdivision (a) shall support an action in a court of competent jurisdiction by a farm products creditor for obligations of the licensee to the creditor and by a state officer for the obligations of the licensee to the state related to transactions subject to the guarantee. (c) An irrevocable guarantee accepted by the secretary pursuant to this section shall not operate as a release for purposes of Section 55637. (Amended by Stats. 2012, Ch. 465, Sec. 1. (AB 907) Effective January 1, 2013.)
  148. 55523.4.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The secretary may require an applicant or licensee to file a balance sheet or statement of financial position, and may reject a deficient balance sheet until the missing information is provided.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55523.4. If at any time the secretary has cause or reason to believe that any applicant or licensee is in an unsound financial condition so as to impair his or her ability to pay farm products creditors in full for farm products received or handled, or for any reason the secretary deems advisable, the secretary may require an applicant or licensee to file with him or her a balance sheet or statement of financial position that presents fairly the financial condition of the licensee. The financial statement, if not prepared by a public accountant or certified public accountant, shall be on a form prescribed by the secretary and shall be submitted under penalty of perjury. Any balance sheet submitted that does not provide the information required by the secretary may be rejected until the information is provided. (Amended by Stats. 1996, Ch. 620, Sec. 4. Effective January 1, 1997.)
  149. 55523.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Failing to file a required financial statement or to comply with the affidavit requirements in Section 55523.1 is a 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55523.5. Failure to file a financial statement as required by this chapter or to comply with the affidavit requirements of Section 55523.1 is a violation of this chapter. (Amended by Stats. 1996, Ch. 620, Sec. 4.5. Effective January 1, 1997.)
  150. 55523.6.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Financial statements submitted to the secretary under this chapter are confidential and may be disclosed only in limited situations.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55523.6. Any financial statement submitted to the secretary pursuant to this chapter is confidential and shall not be divulged except at a hearing before the secretary or under subpoena, if necessary, for the proper determination of any court proceedings. (Amended by Stats. 1996, Ch. 620, Sec. 5. Effective January 1, 1997.)
  151. 55524.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The department must decide a completed processor’s license application within 90 calendar days and may discipline a license for listed misconduct grounds.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55524. The department shall accept or deny an application within 90 calendar days of receipt of a completed application. The department may deny, condition, suspend, or revoke a license issued pursuant to this chapter upon any of the following grounds and in the manner provided in this chapter: (a) Upon one flagrant violation, as determined by the department, or repeated violations, by the holder or applicant, of any one or combination of the sections of this division or under any one or combination of the regulations promulgated by the department under the authority of this division. (b) Upon one flagrant violation, as determined by the department, or repeated violations, by a holder’s or applicant’s agent, employee, or contractor, or of an organization or entity in which the holder or applicant holds a significant financial interest, of any one or combination of the sections of this division or any one or combination of the regulations promulgated under this division under circumstances where the holder or applicant knew or should have known and failed to take reasonable measures to prevent the violation or failed to report the violation to the department on learning of the violation. (c) On the conviction of the holder or applicant of a crime that includes as one of its elements the financial victimization of another person. However, if the licensee was licensed prior to January 1, 1998, and the department knew of, or was on notice of, the conviction, that conviction may not form the basis of a discipline under this subdivision. (d) On the grounds of a false or misleading statement by a holder or applicant that the holder or applicant knew or should have known to be false or misleading, directed to any official of any government concerning the scope of any indicia of authority, including, but not limited to, the holder’s or applicant’s license associated with the holder’s or applicant’s business, the standards under which the indicia was authorized, the contents of the application for licensure, or the holder’s or applicant’s relationship to the indicia. (e) On the grounds that a holder or applicant, or a holder’s or applicant’s agency, employee, or contractor, or an organization or entity in which a holder or applicant holds a significant financial interest, deceived a grower in any material matter. Deception, for purposes of this subdivision, does not require scienter, but requires active misrepresentation where the actor knew the representation to be false or where the actor should have known, with due consideration, that he or she did not know whether or not the representation was true or false. (Repealed and added by Stats. 1997, Ch. 696, Sec. 19. Effective January 1, 1998.)
  152. 55524.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The department must not dismiss an enforcement action for a violation, and may discipline a licensee in specified ways while ignoring certain mitigation factors.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55524.5. (a) The Legislature finds there to be a substantial nexus between the conduct specified in Section 55524 and an applicant’s or holder’s fitness for licensure. (b) The department shall not dismiss an action where a violation, however minor, has been established. The department shall not dismiss an action because the applicant or holder establishes factors in mitigation. (c) However, the department may impose discipline other than denial or revocation of the license. As an alternative to revocation of a license, the department may stay a revocation subject to terms for a period of probation. As an alternative to denial the department may issue a license subject to conditions. Terms of probation or terms of conditional licensure may include, but are not limited to, a requirement of restitution, payment for extra audits, immediate revocation on a new violation, or any other terms that respond to the particular violations or circumstances found. (d) Once a finding of a violation has been made, the department may consider the following factors in assessing the appropriate level of discipline: (1) The relative isolation or infrequency of the conduct. (2) Whether the conduct was a part of a pattern or practice. (3) Whether the actor had been warned before. (4) Whether the actor considered the consequences of the conduct. (5) Whether the actor reasonably relied on others. (6) The severity of the consequences. (7) The mens rea of the actor. (8) In the case of a criminal conviction, evidence of rehabilitation. (9) The total licensing history. (e) The following factors shall not be considered in assessing the appropriate level of discipline: (1) The social or economic contributions of the applicant or holder. (2) General testimonials as to good character and worthiness to be licensed. (3) Economic hardship on the licensee. (4) “Mercy of the court” pleas in connection with criminal convictions, pattern or practice violations, or deception. (5) In the case of a felony criminal conviction, the department shall not consider rehabilitation unless the convicted person has a valid certificate of rehabilitation. (Added by Stats. 1997, Ch. 696, Sec. 20. Effective January 1, 1998.)
  153. 55524.75.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The department must stop reviewing a license application for a set period if the applicant recently had a revoked license or a denied application.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55524.75. (a) If an application for a license indicates, or the department determines during the application review process, that the applicant was issued a license that was revoked within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. The cessation of review shall not constitute a denial of the application for the purposes of this chapter, or any other provision of law. (b) If an application for a license indicates, or the department determines during the application review process, that the applicant had previously applied for a license and the application was denied within the last year, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial or from the effective date of the decision and order of the department upholding a denial. The cessation of review shall not constitute a denial of the new applicant for purposes of this chapter, or any other provision of law. (c) Nothing in subdivision (a) or (b) prohibits the department from taking into account the basis for denial or revocation in considering any new application subsequent to the elapse of the applicable period of prohibition. (Added by Stats. 1997, Ch. 696, Sec. 21. Effective January 1, 1998.)
  154. 55525.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    An applicant must satisfy the department about the applicant’s character, responsibility, and good faith for the business described in the application.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55525. The applicant shall satisfy the department of the applicant’s character, responsibility, and good faith in seeking to carry on the business that is stated in the application. (Amended by Stats. 1997, Ch. 696, Sec. 22. Effective January 1, 1998.)
  155. 55525.75.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The department keeps authority over license applications and license holders even if an application is withdrawn, a license expires, is canceled, forfeited, or surrendered, or the business is sold, unless written consent is given.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55525.75. (a) The withdrawal of an application for a license after it has been filed with the department does not deprive the department of its authority to institute or continue a proceeding against the applicant or to enter an order denying the license, unless the department consents in writing to the withdrawal. (b) The expiration or forfeiture by operation of law of a license, or its forfeiture or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, does not deprive the department of its authority to institute or continue a disciplinary proceeding against the holder upon any ground provided by law or to enter an order revoking the license or otherwise taking disciplinary action against the holder. (c) Any action brought by the department against an applicant or holder does not abate by reason of the sale or other transfer of ownership of the business that is a party to the action, except with the written consent of the department. (d) Nothing in this division or in any other provision of this code deprives the department of the authority to settle or adjudicate a disposition of a case other than by revocation or denial. The department or the department’s designee may compromise with the applicant or holder in a written stipulation and order. The department may, following a hearing, order probation on terms and conditions as determined by the department. The authority conferred by this subdivision shall include, but is not limited to, the authority to order payment of amounts determined owing to California farm product creditors, the authority to dismiss an action on the department’s own initiative, the authority to order administrative penalties, the authority to order a respondent to pay for heightened audit scrutiny, the authority to suspend a license for a period of years, or any combination of remedies other than final revocation or denial of a license. (Amended by Stats. 2012, Ch. 465, Sec. 2. (AB 907) Effective January 1, 2013.)
  156. 55527.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    A person adjudicated liable for a farm-products claim and who has not fully settled with all producer-creditors cannot be licensed by the director as a principal for four years from the date of adjudication.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55527.5. Any person who is adjudicated liable for payment of a claim for farm products which arose out of the conduct of a business licensed or required to be licensed under this chapter or Chapter 7 (commencing with Section 56101), and who has not made full settlement with all producer-creditors, shall not be licensed by the director as a principal for four years from the date of the adjudication. (Amended by Stats. 1987, Ch. 662, Sec. 9.)
  157. 55527.6.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Licensees and license applicants must provide and keep an irrevocable guarantee if the secretary finds certain financial-responsibility problems or a prior chapter violation leading to revocation.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55527.6. (a) Licensees or applicants for a license shall be required to furnish and maintain an irrevocable guarantee in a form and amount satisfactory to the secretary if, within the preceding four years, the secretary determines that they have done any of the following: (1) Engaged in conduct which demonstrates a lack of financial responsibility, including, but not limited to, delinquent accounts payable, judgments of liability, insolvency, or bankruptcy. (2) Failed to assure future financial responsibility unless an irrevocable guarantee is provided. (3) Otherwise violated this chapter which resulted in license revocation. (b) The irrevocable guarantee may include a personal or corporate guarantee, a certificate of deposit, a bank letter of credit, or a surety bond, as determined to be appropriate by the secretary. (c) The guarantee shall not be less than ten thousand dollars ($10,000) or 20 percent of the annual dollar volume of business based on farm product value returned to the grower, whichever is greater, as assurance that the licensee’s or applicant’s business will be conducted in accordance with this chapter and that the licensee or applicant will pay all amounts due farm products creditors. (d) The secretary, based on changes in the nature and volume of business conducted by the licensee, may require an increase or authorize a reduction in the amount of the guarantee, but in no case shall the guarantee be reduced below ten thousand dollars ($10,000). A licensee who is notified by the secretary to provide a guarantee in an increased amount shall do so within a reasonable time as specified by the secretary. If the licensee fails to do so, the secretary may, after a notice and opportunity for a hearing, suspend or revoke the license of the licensee. (Amended by Stats. 2013, Ch. 76, Sec. 69. (AB 383) Effective January 1, 2014.)
  158. 55528.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    If the department seeks to deny or revoke a processor’s license, it must give written notice, allow an appeal by notice of defense before the notice period ends, and hold a hearing within 90 days if the appeal is timely.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55528. (a) The department shall notify the applicant or holder in writing of the department’s decision to bring charges to deny or revoke a license. (1) The notice shall inform the applicant or holder of the charges against him or her, of the department’s proposed disciplinary action, and of his or her rights under this chapter. (2) The notice shall be served by certified mail to the applicant’s or holder’s last known address. (3) The notice shall be mailed to the applicant or holder at least 30 calendar days in advance of the impending action. (b) The department’s proposed action shall become final unless the applicant or holder appeals prior to the end of the notice period by submitting a notice of defense to the department in a form specified by the department. The notice shall be transmitted to the department in a form that is written, including, but not limited to, by facsimile. (c) If the department receives a timely notice of defense, the department shall schedule a hearing within 90 calendar days of receipt of the notice of defense. Pending the final decision at the conclusion of the hearing, a revocation shall be stayed. (d) Proceedings for the revocation or denial of a license issued under this chapter shall be conducted by hearing officers appointed for that purpose by the department. The department may elect to use hearing officers employed by the Office of Administrative Hearings. The hearing officers shall be independent of the Market Enforcement Bureau, but may be employees of the department. The hearing officers shall be qualified administrative law judges. (e) Proceedings shall be conducted generally in accordance with the provisions of Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, proceedings need not conform strictly to any “rules of court” adopted as regulations by the Office of Administrative Hearings to guide the conduct of hearings conducted by the Office of Administrative Hearings. The department has all power granted by Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (1) The sole parties to the proceedings shall be the department and the applicant or holder. Third party intervention shall not be permitted. The disputes, claims, and interests of third parties shall not be within the jurisdiction of the proceedings. However, nothing in this paragraph prohibits any interested party from submitting an amicus brief if the hearing officer requests written briefs. (2) The validity of a department regulation or order shall not be within jurisdiction of the proceedings. (3) Law and motion matters shall be handled by the assigned hearing officer. (4) The hearing officer may not enter into settlement discussions. (5) The hearing officer may not issue sanctions. (f) In all proceedings conducted in accordance with this section, the standard of proof to be applied is the preponderance of the evidence. When the department seeks to revoke an existing license, the department shall have the burden of proof and the burden of producing evidence. (g) Decisions following a hearing shall be adopted by the department or the department’s designee and become final unless remanded for reconsideration or alternated in accordance with Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (h) The department shall maintain a library of decisions that shall be made available to any person, including the parties to administrative actions during discovery. (Repealed and added by Stats. 1997, Ch. 696, Sec. 27. Effective January 1, 1998.)
  159. 5553.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A person must not maintain a neglected or abandoned plant or crop that is 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5553. It is unlawful for any person to maintain any neglected or abandoned plant or crop which is a public nuisance. (Enacted by Stats. 1967, Ch. 15.)
  160. 55530.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Each licensed processor must post its license, or a copy, in its office or salesroom where the public can see 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Processor’s License [55521 - 55530] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 55530. Each licensed processor shall post his license, or a copy of it, in his office or salesroom in plain view of the public. (Enacted by Stats. 1967, Ch. 15.)
  161. 5554.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    All remedies for preventing or abating nuisances apply to any such 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5554. All remedies for the prevention or abatement of nuisances apply to any such nuisance. (Enacted by Stats. 1967, Ch. 15.)
  162. 5555.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    If the nuisance is not abated on time after notice, the commissioner must move the matter into Article 2 procedures.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [5551 - 5555] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 5555. If, after service of the notice pursuant to Article 1.5 (commencing with Section 5561) the nuisance is not abated within the time prescribed in the notice or such time as may be mutually agreed upon by the commissioner and the record owner or person having charge or possession of the property, the commissioner shall proceed under the provisions of Article 2 (commencing with Section 5571). (Added by Stats. 1982, Ch. 164, Sec. 1. Effective April 26, 1982.)
  163. 55581.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Sale of Farm Products by Weight [55581- 55581.] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    If a farm product is sold to a processor by weight, it must be weighed by a licensed weighmaster, a weight certificate must be given to the seller, and settlement must use the certified weight.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Sale of Farm Products by Weight [55581- 55581.] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 55581. If any farm product is sold to and purchased by any processor on the basis of weight, such product shall be weighed by a weighmaster licensed under the laws of this state, and a certificate as to such weight issued by him shall be delivered to the seller by the processor or by the weighmaster as agent for the processor. Settlement for such product shall be made on the basis of the weight which is shown on the certificate. (Enacted by Stats. 1967, Ch. 15.)
  164. 55601.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Processors must pay for farm products delivered to them under the contract terms, or within 30 days if no payment time is set.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601. Every processor shall pay for any farm product which is delivered to the processor at the time and in the manner which is specified in the contract with the producer. If no time is set by such contract, or at the time of delivery, then the processor shall pay for the farm product within 30 days of the delivery or taking possession of such farm product. (Enacted by Stats. 1967, Ch. 15.)
  165. 55601.1.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    This section says Section 55601.5 is known as the “Clare Berryhill Grape Crush Report Act of 1976” and may be cited by that name.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601.1. Section 55601.5 shall be known, and may be cited as, the “Clare Berryhill Grape Crush Report Act of 1976.” (Added by Stats. 1996, Ch. 604, Sec. 1. Effective January 1, 1997.)
  166. 55601.3.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Processors must notify sellers of the requirements in specified sections when a contract is delinquent or payment is late, using a department-prescribed form.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601.3. Upon the following, the processor shall notify the seller, on a form to be prescribed by the department, as to the requirements set forth in Sections 55601 and 55881: (a) Upon delinquency of a contract. (b) If payment is not made within 30 days when the contract does not specify time of payment or if there is no contract. (c) If payment is not made within 30 days when the contract is oral, irrespective of the agreed time of payment. The processor shall have the burden of proof as to the timely delivery of such a notice. Such a notice shall only be required as to the first contract between any particular seller and processor during any one calendar year. (Added by Stats. 1977, Ch. 400.)
  167. 55601.4.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Processors who buy livestock for slaughter must pay the seller in full by transferring collected funds to the seller’s account within two business days after delivery.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601.4. Notwithstanding the provisions of Section 55601, every processor who purchases livestock for slaughter shall make full payment of such livestock, by the transfer of collected funds to the seller’s account, within two business days from the delivery of such livestock to the processor. For purposes of this section, “business day” means any day which is a business day under the provisions of Section 9 of the Civil Code. (Added by Stats. 1979, Ch. 497.)
  168. 55601.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Grape processors must file annual reports and related price information with the secretary, and the secretary must publish summary reports while keeping individual processor information confidential except in limited cases.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601.5. (a) (1) Notwithstanding Section 55461, on or before January 31 of every year, every processor who crushes grapes in this state shall furnish to the secretary, on forms provided by the secretary, a report that includes all of the following: (A) The total number of tons of grapes purchased by the processor in this state during the preceding crush within each grape-pricing district, broken down by total tons purchased, variety, and price, including any bonuses or allowances, and sugar calculations. (B) The total number of tons of grapes purchased by the processor in this state in nonrelated purchases during the preceding crush within each grape-pricing district, broken down by total tons purchased, variety, and price, including any bonuses or allowances, and sugar calculations. (C) The total number of tons of each variety of grape crushed within each grape-pricing district and the average sugar content of each variety within each grape-pricing district. (D) The total number of tons of grapes purchased and crushed that are expected, as of the date of reporting by the processor, to be marketed as grape concentrate. In reporting tons purchased and crushed that are expected to be marketed as grape concentrate, processors may estimate equivalent tonnage. In estimating the equivalent tonnage, the processor shall include all equivalent tons crushed for the production of grape concentrate for wine and all other purposes marketed outside the state and the equivalent tons crushed for the production of grape concentrate for all purposes other than wine marketed within the state. In determining the estimated equivalent tons, processors shall make their best estimate of the gallons of concentrate per ton of grapes crushed based upon the Brix level of the grapes used in concentrate production. (2) (A) When reporting price within the category of all tonnage purchased, processors shall include grapes purchased from (i) growers for wine, wine vinegar, juice, concentrate, and beverage brandy, (ii) another processor only if that processor was also the grower of the grapes, (iii) growers that are considered separate entities from the processor operation, or (iv) growers or other processors, but not by the reporting processor; and shall exclude (i) material other than grapes, and defects, or other weight adjustments deducted from the gross-weight ticket, (ii) any raisin-distilling material, (iii) grapes grown by the processor from vineyards that are not considered separate entities, (iv) grapes purchased from other processors that were previously purchased from growers, or (v) grapes crushed to grower accounts or crushed for other wineries. If several varieties were packaged together and purchased for one price, the processor shall report the average price per ton as one mixed lot, and when reporting crush information, shall report individual variety and tonnage information. (B) When reporting price within the category of nonrelated purchases, processors shall exclude tonnage of grapes purchased from a grower if, during the reporting year (i) the grower or an affiliate of the grower, or both the grower and the affiliate of the grower, owned, directly or indirectly, at least 5 percent of the indicia of ownership or voting authority of the processor, (ii) the processor or an affiliate of the processor, or both the processor and the affiliate of the processor, owned, directly or indirectly, at least 5 percent of the indicia of ownership or voting authority of the grower, or (iii) the processor or an affiliate of the processor, or both the processor and the affiliate of the processor, provided long-term financing to the grower in exchange for rights or options to purchase a significant portion of the grower’s harvest. (b) On or before February 25 of every year, each processor who crushes grapes in this state shall furnish to the secretary information concerning the final prices, including any bonuses or allowances, paid by variety and grape-pricing district to all growers holding reference price contracts in effect before January 1, 1977, which payments have not been reported on January 31. (c) (1) The secretary may not release or otherwise make available any information furnished by an individual processor under this section, except in proceedings brought against the processor by the secretary for the purpose of enforcing this section, or except in the case of a producer who holds any reference price-grape purchase contract, to whom the secretary may furnish, upon request and at a reasonable cost, the information needed to verify the reference price, including any bonuses or allowances, set forth in the contract. (2) The secretary shall not release or otherwise make available any information furnished by an individual processor under this section to any other division of the department except in accordance with a subpoena issued in accordance with Section 1985.3 of the Code of Civil Procedure. (3) The secretary shall release only aggregate figures for grapes crushed that are expected to be marketed as grape concentrate and shall not include information by district, types, or variety. (d) The secretary shall enforce the collection of the information and, on or before March 15 of each year, shall publish a preliminary summary report on the preceding crush. The report shall include all of the following information: (1) The weighted average price paid on the basis of the prices, including any bonuses or allowances, reported and average sugar content for each grape variety purchased within each grape-pricing district. (2) The total number of tons of grapes crushed and the average sugar content for each grape variety within each grape-pricing district. (3) Each price category paid, separated by sugar calculations, if any, and the percentage each represents of the total for each variety within each grape-pricing district. (4) Commencing with the report for the 1997 crush, in a separate and independent table without affecting or modifying existing tables, by weighted average price only, nonrelated purchases, by variety within each grape-pricing district excluding any bonuses, allowances, sugar calculations, and tonnage. (e) On or before April 30 of each year, the secretary shall publish a final summary report, which shall contain all of the data furnished by the processors on or before January 31 and on or before February 25 of each year covering purchases under reference price contracts. The secretary may publish an addendum or supplemental report when reasonably necessary to correct any erroneous or misleading information contained in the annual report required by this section. (f) The forms provided to processors by the secretary pursuant to this section shall provide for the separate reporting of grapes used by a processor (1) as distilling material and (2) for both beverage brandy and other than beverage brandy. A processor shall report all grapes used as distilling material by variety. The secretary, in determining the weighted average price paid for each grape variety purchased within each grape-pricing district, shall not include the prices paid for grapes of any variety used as distilling material for other than beverage brandy in determining the weighted average price. The secretary’s report shall include a separate summary regarding grapes used by processors as distilling material. (g) All grape purchase contracts entered into on or after January 1, 1977, shall provide for a final price, including any bonuses or allowances, to be set on or before the January 31 following delivery of the grapes purchased. Any grape purchase contract entered into in violation of this subdivision is illegal and unenforceable. For the purpose of this section, a grape purchase contract shall not include any existing supply contract between a nonprofit cooperative association and a commercial processor. (h) (1) If the department reasonably believes that a processor has failed, refused, or neglected to provide the information required by this section, or if the department finds apparent discrepancies in the information reported, the department may audit or investigate in accordance with Article 11 (commencing with Section 55721) or proceed in accordance with Article 5 (commencing with Section 55521), except as specified in paragraph (6). Injunctive relief under Section 55921 shall issue only upon a finding by a court of competent jurisdiction that a processor has done any of the following: (A) Refused to submit required information after the department provides reasonable notice to the processor of the processor’s obligations and rights under this chapter. (B) Misreported a fact, knowing that fact to be false, or in reckless disregard for whether the fact was true. (2) Both the refusal to submit after the provision of reasonable notice and the misreporting of a fact under the circumstances set forth in this subdivision shall constitute violations of this chapter. Neither a refusal to submit nor a misreporting of a fact under this subdivision shall be prosecuted pursuant to Article 18 (commencing with Section 55901) or subject to civil penalties under Article 19 (commencing with Section 55921). (3) In the case of misreporting in any action authorized by this section, it shall be a defense for a processor to rely on information provided to the processor by a producer with respect to whether a purchase is a related purchase. (4) In the case of a refusal to report or misreporting, the department shall not commence an audit or investigation, other than a routine audit based on scientifically proven random sampling methods, without first disclosing to the processor being audited or investigated any and all information that constitutes the department’s belief that the processor has not complied, including the identities of all persons providing information on potential violations to the department. (5) Anonymous complaints, unattributable information, or undocumented information shall not constitute reasonable belief and shall not be the basis for any investigation or audit action brought under this section. The department shall inform the processor of its reasons for auditing. (6) No action shall be taken pursuant to Article 5 (commencing with Section 55521), Article 18 (commencing with Section 55901), or Article 19 (commencing with Section 55921) based on the reporting of grape concentrate pursuant to subparagraph (D) of paragraph (1) of subdivision (a). (i) For purposes of this section, the following definitions shall apply: (1) “Affiliate” or “affiliated with” means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of another person. For purposes of this paragraph, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person. (2) “Estimated equivalent tons,” when used in the context of reporting tons purchased and crushed that will be marketed as grape concentrate, shall be determined by use of the following formulas: (A) Gallons of concentrate (approximately 20 degrees Brix) produced divided by 40 equals equivalent tons. (B) Gallons of concentrate (approximately 68 degrees Brix) divided by 170 equals equivalent tons. (3) “Grape-pricing district” means a district used by the federal-state cooperative market news services, as provided in Section 58231. (4) “Long-term financing” means financing that by its terms is due over a period of more than one year, or more than 180 days if there is a purchase agreement between a grower and a processor, or if there is a farming agreement where the purchase price is on a per-acre basis. (5) “Person” includes an individual, partnership, corporation, limited liability company, firm, company, or other entity. (6) “Purchase” means the taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift, or any other voluntary transaction creating an interest in property. For purposes of this paragraph, “sale” means the passing of title from the seller to the buyer for a price. (Amended by Stats. 2025, Ch. 188, Sec. 3. (AB 1322) Effective January 1, 2026.)
  169. 55601.6.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Processors who crush more than 100 tons of grapes in California must pay a fee to the secretary, with payment deadlines tied to the marketing season.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601.6. (a) To provide funds to carry out Section 55601.5, each processor who crushes more than 100 tons of grapes in California shall pay to the secretary the amount determined by the secretary to be necessary to cover these costs, but not to exceed ten cents ($0.10) per ton of grapes received for crushing, fresh weight equivalent, during each marketing season beginning July 1 and ending the following June 30. However, five cents ($0.05) per ton of grapes received for crushing, or one-half of the fee if the fee is less than ten cents ($0.10), shall be paid by the processor who crushes grapes and five cents ($0.05) per ton of grapes received for crushing, including any grapes produced by the processor, or one-half of the fee if the fee is less than ten cents ($0.10), shall be paid by the processor who crushes grapes and may be deducted from moneys owed to the producer. (b) The amount of the fee shall be paid to the secretary on or before January 31 of each year on all grapes received for crushing through December 15. The amount of the fee on grapes received for crushing after December 15 shall be paid to the secretary on or before June 30 of that marketing season. (c) The secretary may fix the fee at a lesser amount and may adjust the fee from marketing season to marketing season. (d) A processor who crushes grapes who fails, neglects, or refuses to pay the required fee shall be in violation of this chapter. A processor who crushes grapes shall not be entitled to pass the penalty on to the producer of the grapes. (e) If the secretary conducts an acreage survey pursuant to Section 55613, the secretary may increase the fee charged pursuant to subdivision (a) by not more than four cents ($0.04) per ton of grapes received for crushing, fresh weight equivalent, to cover costs of the survey. The same ratio of payment between processor and producer shall be maintained if the fee is increased pursuant to this subdivision. (f) The fee authorized by subdivision (a) for the reports required to be prepared by the secretary pursuant to Section 55601.5 and the increase in that fee authorized by subdivision (e) for the survey authorized by Section 55613 shall be established by the secretary so as to generate only the amount of revenue that the secretary reasonably anticipates will be needed to cover the cost incurred by the secretary in gathering and producing the reports required by Section 55601.5, in conducting the survey authorized by Section 55613, and in conducting related enforcement activities. The funds generated by the fees authorized by this section shall be used only for the purpose of gathering the information and producing the reports required to be prepared by the secretary pursuant to Section 55601.5 and conducting the survey authorized by Section 55613. (g) All moneys received under this section shall be deposited into the State Treasury to the credit of the Department of Food and Agriculture Fund. (Amended by Stats. 2025, Ch. 188, Sec. 4. (AB 1322) Effective January 1, 2026.)
  170. 55601.7.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain processors must file annual crop-tonnage reports with the director by specific dates.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601.7. Notwithstanding Section 55461, every processor who handles freestone peaches for freezing and drying in California shall furnish to the director, on or before December 10 of each year, and every processor who handles walnuts, raisins, or prunes in California annually shall furnish to the director, on or before August 31 of each year, on forms provided by the director, the reporting information specified below showing the number of tons purchased by the processor in that marketing season. In the report, the tonnage shall be broken down by at least major varieties and weighted average price paid for the tonnage acquired (including any bonuses or allowances) and may contain other information required by the director, including, but not limited to, the following: (a) For walnuts, including inshell acquisitions and shelling stock acquisitions, the color, size, percentage of edible yield, and percentage of offgrade. (b) For raisins, the percentage of mold, moisture content, sand, offgrade, or micro-organisms on offgrade acquisitions. (c) For prunes, by size and percentage offgrade. (d) For freestone peaches, by type of utilization on a fresh weight basis and percentage of offgrade. The above reporting shall be on a statewide basis. (Amended by Stats. 1984, Ch. 713, Sec. 1.)
  171. 55601.8.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must keep certain processor information confidential, require and publish reports, and processors subject to the section must pay a fee and comply with reporting 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55601.8. (a) The secretary shall not release, or otherwise make available, any information furnished by a cooperative or an individual processor under Section 55601.7 or this section, including information relating to the weighted average prices paid, except in proceedings brought against the processor by the secretary for the purpose of enforcing this section. (b) The secretary shall (1) enforce the collection of the information required in Section 55601.7, (2) on or before January 15, publish a summary report for freestone peaches used for freezing and drying and, (3) on or before October 20, publish a summary report for walnuts, raisins, and prunes, reflecting the statistics derived from the processor reports. The summary reports shall include summaries of all information required to be furnished to the secretary. (c) The secretary may dispense with the reporting requirements and his or her duties to enforce the collection of this information and the publishing of summary reports if the secretary determines that the same or similar information is made public information within the same time periods of subdivision (b) by any federal or state committee or organization responsible for regulating the handling of any of the commodities subject to this section. (d) (1) To provide funds to carry out Section 55601.7 and this section, each processor, including agricultural cooperatives, subject to these reporting requirements shall pay to the secretary the amount determined by the secretary to be necessary to cover these costs, but not to exceed twelve cents ($0.12) per fresh ton for freestone peaches, twelve cents ($0.12) per dry ton for raisins and prunes, and twelve cents ($0.12) per inshell dry ton for walnuts handled by the processor during each marketing season. (2) (A) The amount of the fee for freestone peaches used for freezing and drying shall be paid to the secretary on or before December 10 for all freestone peaches used for freezing and drying received from April 1 through November 30. (B) The amount of the fee for any freestone peaches used for freezing and drying received from December 1 to March 31, inclusive, shall be paid to the secretary on or before May 1 of the next marketing season. (C) The amount of the fee shall be paid to the secretary on or before May 1 of each year for all other commodities received from September 1 to March 31, inclusive. (D) The amount of the fee for any other commodity received from April 1 to August 31, inclusive, shall be paid to the secretary on or before September 1 of the next marketing season. (3) The secretary may fix the fee at a lesser amount and may adjust the fee from marketing season to marketing season. Any processor who fails, neglects, or refuses to pay the required fee is in violation of this chapter. Any such processor shall not pass the penalty on to the producer of the commodity. (4) All funds received under this subdivision shall be deposited in the State Treasury to the credit of the Department of Food and Agriculture Fund. (e) If the secretary finds that any processor has failed, refused, or neglected to provide the information required by this section, the secretary may proceed in accordance with Article 11 (commencing with Section 55721). (f) Any cooperative subject to the reporting provisions of this section shall, in lieu of reporting prices, report all advances and other payments made as of the reporting date and its good faith estimate of the market value of the commodity for the crop year. (g) The willful failure of any processor to report to the secretary, as required by this section, is a violation of this chapter and is a separate and distinct violation of this chapter for each day the processor fails to meet the reporting requirements. (h) For the purpose of Section 55601.7 and this section, “marketing season” means the crop year that runs from September 1 to August 31, inclusive, for walnuts, raisins, and prunes, and the crop year that runs from April 1 to March 31, inclusive, for freestone peaches. (Amended by Stats. 1997, Ch. 135, Sec. 3. Effective July 28, 1997.)
  172. 55602.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A processor that buys farm products for freezing on a packout basis must promptly tell the producer the results after each lot or day’s delivery is processed, unless the processor is a licensed winegrower.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55602. Every processor except a licensed winegrower, that purchases for freezing any farm product from the producer of the farm product on a packout basis shall promptly upon completion of the processing of each lot or day’s delivery inform the producer of the results obtained. (Amended by Stats. 1967, Ch. 807.)
  173. 55603.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a packout basis contract makes a specific grade or quality a condition, that grade or quality is determined when processing is finished.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55603. If a specific grade or quality is a condition of a packout basis contract between the producer and the processor, such grade or quality shall be determined at the completion of the processing. (Amended by Stats. 1967, Ch. 807.)
  174. 55604.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Contracts between a processor and a producer for farm products sold on a packout basis must state the price for each grade purchased.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55604. Every contract between a processor and a producer which covers the purchase of any farm product on a packout basis shall designate the price to be paid for each grade purchased. (Amended by Stats. 1967, Ch. 807.)
  175. 55604.1.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Processors must accept USDA grade determinations as final when operating under continuous USDA inspection, and they must draw and keep representative samples for at least 30 days if a lot is shipped within 30 days of processing.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55604.1. Where the processor is operating under continuous United States Department of Agriculture inspection, the United States Department of Agriculture grade determination shall be accepted as final in accounting to the producer. Where the processor is not operating under continuous United States Department of Agriculture inspection, any dispute as to grade shall be settled by lot inspection to be made by the United States Department of Agriculture. In the event any lot is shipped within 30 days of processing, the processor shall draw representative samples in accordance with United States Department of Agriculture sampling procedures, and the samples shall be held for a period of not less than 30 days from the date of processing for the inspection if necessary. (Added by Stats. 1967, Ch. 807.)
  176. 55604.2.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain Agricultural Code and Business and Professions Code provisions do not apply to farm products purchased and accounted for on a packout basis under 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55604.2. The provisions of Section 55581 of the Agricultural Code and Section 12713 of the Business and Professions Code do not apply to farm products purchased and accounted for on a packout basis, pursuant to this section. (Added by Stats. 1967, Ch. 807.)
  177. 55605.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain processors receiving farm products on consignment must promptly keep detailed records.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55605. Every processor, except a licensed winegrower, that receives any farm product from the producer of the farm product for processing on a consigned basis shall promptly make and keep a correct record which shows in detail all of the following with reference to the processing, handling, storage, and sale of such farm product: (a) The name and address of the consignor. (b) The date received. (c) The quantity received. (d) The size of the containers into which the finished product is packed. (e) The grade and quality of the finished product. (f) The price which is obtained from the sale of the finished product. (g) An itemized statement of costs and charges which the processor paid in connection with the processing, handling, storage, and sale of the farm product. Any services rendered for which charges are made, if not filed with the director, shall be charged at cost, if not covered by a written contract. Cost-supporting data shall be available for verification. (Amended by Stats. 1976, Ch. 632.)
  178. 55606.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a processor has a pooling contract with two or more producers or consignors, the processor must give a true account of sale and keep a correct record of the sales and charges.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55606. If the processor has entered into a contract with two or more producers or consignors, which provides that the returns for any farm product which is handled and sold for the account of such producers or consignors shall be pooled on a definite basis as to grade or quality, or both, during a specific period of time, then the processor shall render a true account of sale which shows the net average pool return on each grade and quality from the sales that are made, which shows in detail all charges in connection with the handling, processing, and selling of such farm product. The processor shall keep a correct record of such sales and charges. (Amended by Stats. 1967, Ch. 807.)
  179. 55607.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Processors must keep accurate records for farm-product deliveries, including producer details, delivery dates, quantities, and the agreed price.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55607. Every processor shall keep accurate books and records which show the name and address of any producer that is selling and making delivery of any farm product to him, including the dates of deliveries, the quantities of the farm product which is delivered, and the agreed price to be paid for such farm product. If no agreed price has been arrived at, or a method for determining it agreed upon, such agreed price shall be considered the value of such product as of date of delivery. For the purpose of ascertaining such value and in addition to other evidence, reference may be had to price quotations from the federal-state market news service. (Enacted by Stats. 1967, Ch. 15.)
  180. 55608.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Processors must give each producer (or the producer’s agent) an accurate grading and weight receipt with each delivery.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55608. Accurate grading and weight receipts shall be given by all processors to each producer, or his agent, upon each and every delivery. Each receipt shall state all of the following: (a) The date of the receipt. (b) The name and address of the producer. (c) The name of the processor. (Enacted by Stats. 1967, Ch. 15.)
  181. 55609.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A processor must give a requesting producer a full and complete account statement within five days after demand.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55609. Not later than five days after demand, the processor shall give to every such producer so requesting a full and complete statement of such producer’s account, which shows all of the following: (a) The entire quantities of the product which has been delivered by the producer. (b) The grades of the product which has been delivered by the producer. (c) The amount which is owing for every lot and for the total amount of the product which has been delivered by the producer. (Enacted by Stats. 1967, Ch. 15.)
  182. 55609.1.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A consignee must pay the consignor all sale proceeds, with a full sales account, within 10 days after receiving the money, unless the parties agreed otherwise in writing.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55609.1. Remittance in full of the amount which is realized from such sales, including all collections, overcharges, and damages, less the agreed commission and other charges, together with a complete account of sales, shall be made to the consignor within 10 days after receipt of the moneys by the consignee, unless otherwise agreed in writing. The burden of proof is upon the consignee to prove the correctness of his accounting as to any transaction which may be questioned. (Added by Stats. 1976, Ch. 632.)
  183. 5561.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. )

    Verify source ↗

    The commissioner must give written notice to the record owner or person in charge when a neglected or abandoned plant or crop has been found to be 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. ) ## 5561. The commissioner shall, in writing, notify the record owner or person in charge of any property having an abandoned or neglected plant or crop which the commissioner has found to be a public nuisance, of the need to remove or destroy the neglected or abandoned plant or crop. The notice required by this section shall be made by personal service or by certified mail to the address shown on the last equalized assessment roll of the county, and by posting copies of it in three conspicuous places on the property. (Amended by Stats. 1985, Ch. 721, Sec. 1.)
  184. 55610.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A processor may resell or redeliver a purchased raw product to another processor for processing to avoid loss or economic waste, and that act does not require licensing under the cited 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55610. A processor, in order to prevent loss or economic waste, may resell or redeliver any raw product purchased and received from the producer of the raw product to another processor for the purpose of processing and such act is not an act which requires licensing pursuant to Chapter 7 (commencing with Section 56101) of this division. The processor who resells or redelivers any raw product remains liable to the producer for the full value of the raw product. (Amended by Stats. 1979, Ch. 871.)
  185. 55611.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    Records that must be kept under this chapter must be retained for four 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55611. All records required to be kept under this chapter shall be kept for a period of four years. (Added by Stats. 1976, Ch. 632.)
  186. 55613.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. )

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    The secretary must conduct an acreage survey if specified grape industry conditions are met, and the survey results must be published by May 30.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Processors [55601 - 55613] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 55613. (a) If the secretary determines by February 1 of any year, commencing in 1992, that an acreage survey of the grape crop is desired by the processors and producers of grapes for wine, and if the producers and processors of grapes for raisins and the producers and packers of grapes for fresh market use agree to pay their proportionate share of the cost of the survey, as determined by the secretary, the secretary shall conduct the survey. The secretary shall implement subdivision (e) of Section 55601.6 to fund the wine industry’s proportionate costs of the survey. If an acreage survey is conducted, the results of the survey shall be printed and made available on or before May 30 of the year in which it is conducted. (b) The department shall reimburse any processor or producer of grapes for wine to cover the costs incurred by any of those persons to fund the wine industry’s proportionate share of an acreage survey in 1991, from funds collected pursuant to subdivision (e) of Section 55601.6. (c) For purposes of this section, “acreage survey” means an accumulation of plant removals, new plantings, and graftings to provide reliable information on the changing character of the state’s grape industry. This information shall be tabulated for each county and on a statewide basis and for each variety of grapes. (Amended by Stats. 1996, Ch. 737, Sec. 4. Effective January 1, 1997.)
  187. 5562.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. )

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    The notice must include the property description, the owner or possessor’s name, the commissioner’s findings, and a statement that abatement-related county costs will be charged to the owner or placed as a lien 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. ) ## 5562. The notice required by this article shall set forth all of the following: (a) A description of the property. (b) The name of the owner or person who is in charge or in possession of the property. (c) The fact that the commissioner’s findings have determined that the removal or destruction of the neglected or abandoned plant or crop provides the best means of eliminating the menace to the agriculture of the county, district, or vicinity. (d) That all costs incurred by the county in the detection of the nuisance and proceedings in the abatement of the nuisance shall be charged to the owner or established as a lien on the property. (Added by Stats. 1982, Ch. 164, Sec. 2. Effective April 26, 1982.)
  188. 5563.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. )

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    The commissioner must tell the owner that an abandoned or neglected crop must be removed or destroyed within the stated time, or the commissioner will report the nuisance for court action.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. ) ## 5563. The commissioner shall, in addition to the notice required by this article, advise the owner that, unless the abandoned or neglected plant or crop is removed or destroyed within 60 days, or less than 60 days if required by county ordinance, after the date the notice was served or mailed, or by such date as may be mutually agreed upon by the commissioner and the owner, the commissioner will report the existence of the nuisance to the district attorney or to the county counsel of the county with a request that an action be filed in the superior court praying for an order to remove or destroy the neglected or abandoned crop as provided for in Article 2 (commencing with Section 5571). (Amended by Stats. 1985, Ch. 721, Sec. 1.5.)
  189. 55631.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    Producers who sell qualifying farm products or qualifying seed under contract get a lien on the product and any processed or manufactured forms, up to the agreed price or, if none, the delivery-date value.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55631. (a) Every producer of any farm product that sells any product that is grown by him or her to any processor under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that farm product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining the price that is agreed upon, the extent of the lien is the value of the farm product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien. (b) Every producer of a flower, agricultural, or vegetable seed that sells seed that is grown by him or her, when the seed was purchased or supplied by the grower and not supplied by the dealer or an independent third party who paid for the seed, to any seed dealer under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining the price that is agreed upon, the extent of the lien is the value of that product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien. (Amended by Stats. 2016, Ch. 86, Sec. 144. (SB 1171) Effective January 1, 2017.)
  190. 55631.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A nonprofit cooperative association acting as a producer bargaining association may assert producer’s lien rights for its members or on their behalf.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55631.5. Notwithstanding Section 55461, a nonprofit cooperative association acting as a producer bargaining association may assert producer’s lien rights for, or on behalf of, its members. (Added by Stats. 1986, Ch. 1109, Sec. 2.)
  191. 55632.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A producer’s lien attaches to delivered farm products when a producer delivers them to a processor.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55632. This producer’s lien attaches on all of such delivered product from the date of delivery of such farm product or any portion of it by a producer to any processor. (Enacted by Stats. 1967, Ch. 15.)
  192. 55633.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    The producer’s lien has priority over other liens, claims, and encumbrances, except for specified labor claims and a warehouseman’s lien.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55633. The producer’s lien is a preferred lien prior in dignity to all other liens, claims, or encumbrances except the following: (a) Labor claims for wages and salaries for personal services which are rendered by any person to any processor in connection with such processing business after the delivery of any such product for processing. (b) The lien of a warehouseman as provided by Division 7 (commencing with Section 7101) of the Uniform Commercial Code. (Amended by Stats. 1979, Ch. 969.)
  193. 55634.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A producer’s lien applies to every farm product and any processed form of it that is in the processor’s possession without segregation.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55634. Every lien which is provided for in this article is on every farm product and any processed form of the farm product which is in the possession of the processor without segregation of the product. For purposes of this chapter, any and all farm products or processed form of farm products deposited by a processor with a warehouse, whether or not warehouse receipts are given as security to a lender, shall be considered as being in the possession of the processor and subject to the lien. (Amended by Stats. 1986, Ch. 1109, Sec. 3.)
  194. 55635.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A producer’s lien attaches when the product is delivered, or on the last delivery if there are multiple deliveries, unless it is released earlier by payment or by security given for payment.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55635. The lien of a producer, unless sooner released by payment or by security which is given for the payment as provided in this article, attaches from the date of delivery of the product, or if there is a series of deliveries, it attaches from the date of the last delivery. (Amended by Stats. 1986, Ch. 1109, Sec. 4.)
  195. 55636.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    If a producer starts a suit to enforce a lien, the lien stays in effect until payment, a court deposit of the lien amount or claims, or the court case is finally determined.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55636. If suit is commenced by any such producer to enforce any lien, such lien shall remain in effect until one of the following occurs: (a) The payment of the agreed price or the value of such product. (b) Deposit of the amount of the lien or claims with the clerk of the court in which any such action is pending. (c) The final determination of such court proceeding. (Amended by Stats. 1979, Ch. 969.)
  196. 55637.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A lien on a product or processed product may be released if the claim is secured, and a producer may release a lien after payment or satisfactory payment arrangements are made.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55637. Any lien on any product or processed product may, however, be released, to the extent the value of the claim upon such product is secured, by a surety bond or a cash deposit or other security given as provided in this article. Any producer may also release any lien which is possessed by him upon payment being made to him for the agreed or reasonable value of the product which is so sold and delivered, or upon arrangements being made for such payment which are satisfactory to the producer. (Enacted by Stats. 1967, Ch. 15.)
  197. 55638.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    Processors may not remove liened farm products from the state or beyond their control, except for excess product worth enough to cover all existing liens. Sales are allowed if the sale proceeds are used to pay producer obligations secured by the lien.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55638. It is unlawful for any processor to remove, from this state or beyond his ownership or control, any farm product which is delivered to him, or any processed form of the farm product, to which any of the liens provided for in this chapter has attached, except for any of such product or processed product as may be in excess of a quantity on hand which is of a value that is sufficient to satisfy all existing liens. Furthermore, this section shall not prohibit the sale of any farm product or processed form of the product to which such a lien has attached, so long as the total proceeds of the sale are used to satisfy obligations to producers which are secured by a lien established pursuant to this chapter. (Amended by Stats. 1979, Ch. 969.)
  198. 55638.5.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    If a producer files a verified complaint, the director must investigate certain charges within 15 days.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55638.5. The director, within 15 days of the filing of a verified complaint by a producer, shall investigate any charge that a purchaser of a farm product to which a lien has attached has removed any farm product, or any processed form of a farm product, in violation of Section 55638. (Added by Stats. 1986, Ch. 1109, Sec. 5.)
  199. 55639.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. )

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    A processor may secure release of liens on a product or processed product by using one of several listed methods.

    ## 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 6. Processors of Farm Products [55401 - 55922] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Producer’s Lien [55631 - 55653] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 55639. Any processor that desires to secure a release of any or all of such liens on any product or processed product may do so in any of the following ways: (a) By paying the agreed or actual value of any farm product which is purchased by such processor within 20 days from the date of delivery of the farm product unless the date of payment is otherwise agreed upon in writing or such payment is secured other than by lien. (b) By depositing with the director a surety bond which is executed by such processor as principal and by a surety company which is qualified and authorized to do business in this state as surety in an amount which equals the current market value of the product or processed product which is intended by such processor to be sold or otherwise disposed of, as such value may appear by the sworn statement of such processor in accordance with quotations from the federal-state market news service or other evidence which is satisfactory to the director. The bond shall be conditioned that if the processor fails to pay up to the amount of such bond the lawful claims of all producers whose liens have been released by the bond, within 35 days after date of the bond, the surety shall be liable to and shall pay to the state on behalf of such claimants all such lawful claims as may be covered by the amount of the bond, together with costs of suit if an action is filed on the bond. (c) By depositing with the director a cash sum in lawful money of the United States which is expressly set apart by an instrument in writing that is signed by the processor for the purpose of guaranteeing to the extent of such sum, payment of all existing claims of producers whose liens are released by the deposit, within 35 days from the date of such deposit. The director shall be named in such instrument as trustee to carry out the purpose and intent of the instrument. (d) By designating, setting apart, and depositing in a public warehouse a quantity of any processed farm products and indorsing over to the director and delivering to him the warehouse receipt for such products for the purpose of guaranteeing to the extent of the value of such deposit, payment within 35 days from the date of such deposit, all existing claims of producers and labor claimants whose liens are released by it. (e) By securing a release from the director after payment in full for such farm product. (Enacted by Stats. 1967, Ch. 15.)
  200. 5564.

    ## 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. )

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    This article does not stop the commissioner from using other legal provisions to abate a nuisance that creates an immediate hazard to nearby 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 7. Abatement of Neglected or Abandoned Crops [5551 - 5648] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1.5. Notice [5561 - 5564] ( Article 1.5 added by Stats. 1982, Ch. 164, Sec. 2. ) ## 5564. This article shall not prevent the commissioner from proceeding under any other provision of law for the purpose of abating a nuisance that constitutes an immediate hazard to adjoining or nearby property. (Added by Stats. 1982, Ch. 164, Sec. 2. Effective April 26, 1982.)

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