Food and Agricultural Code — Part 24 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 24 of 48 · provisions 4,601–4,800

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 56619.5.

    ## 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. )

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    A licensed cash buyer may not buy or take title to or possession of a farm product from a licensee or producer unless the full agreed price is paid in cash at the time possession or control is obtained.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. ) ## 56619.5. It is a violation of this chapter for a person licensed as a cash buyer to buy or otherwise take title to or possession of any farm product from a licensee or a producer of such product, except by cash payment of the full agreed price to the licensee or producer at the time of obtaining such possession or control. (Added by Stats. 1979, Ch. 871.)
  2. 56620.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. )

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    A delinquent payment under a farm products purchase or handling contract must include a late charge: 5% per month for the first month, then 1% per month for the remaining delinquency 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. ) ## 56620. Under a contract for the purchase or handling of any farm products, any delinquent payment of money under this chapter shall also include a late charge of 5 percent per month of the unpaid balance calculated on a daily basis for the period of the delinquency for the first month and an additional 1 percent per month of the unpaid balance calculated on a daily basis for the remaining period of the delinquency. Any such late charge shall be payable to the person from whom the farm product was purchased, unless the person waives, in writing, his right to such payment. Such waiver shall be valid and effective only when given after a delinquency has occurred. This section does not affect the time of payment provided for in this chapter or in any contract for the purchase or handling of any farm product. (Added by Stats. 1977, Ch. 400.)
  3. 56621.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. )

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    A licensee violates this chapter if it fails, neglects, or refuses to collect or remit required assessments.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. ) ## 56621. It is a violation of this chapter if a licensee fails, neglects, or refuses to collect or remit any assessments that have been levied in accordance with the assessment provisions of Article 10 (commencing with Section 58921) of Chapter 1 or Article 12 (commencing with Section 59941) of Chapter 2 of Part 2 of Division 21, or Article 8 (commencing with Section 64691) of Chapter 2, Chapter 3 (commencing with Section 65500) of Part 2 of Division 22, Article 5 (commencing with Section 66621) of Chapter 4, Article 6 (commencing with Section 67101) of Chapter 5, Article 6 (commencing with Section 68101) of Chapter 6, Article 6 (commencing with Section 69081) of Chapter 7, Chapter 9.5 (commencing with Section 71000), Article 6 (commencing with Section 72101) of Chapter 10, Chapter 12.6 (commencing with Section 74701), Chapter 12.7 (commencing with Section 74801), Article 6 (commencing with Section 75131) of Chapter 13, Article 6 (commencing with Section 76141) of Chapter 14, Chapter 15 (commencing with Section 76201), Chapter 16.5 (commencing with Section 77001), Chapter 17 (commencing with Section 77201), Chapter 17.5 (commencing with Section 77401), Chapter 19 (commencing with Section 77701), Chapter 20 (commencing with Section 77901) of Article 6 (commencing with Section 78285) of Chapter 21, or Article 6 (commencing with Section 78700) of Chapter 24, of Part 2 of Division 22. (Amended by Stats. 2000, Ch. 768, Sec. 8. Effective January 1, 2001.)
  4. 56623.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. )

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    A commission merchant handling funds from consigned farm product sales must not use or dispose of those funds in a way that harms prompt payment to the consignor or another financially interested person.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 18. Violations [56602 - 56623] ( Article 18 enacted by Stats. 1967, Ch. 15. ) ## 56623. It is a violation of this chapter if any commission merchant who collects or receives funds in connection with the sale of consigned farm products has made any use or disposition of these funds in his or her possession or control that endangers or impairs faithful and prompt payment to the consignor of the product or to any other person having a financial interest therein. (Added by Stats. 1986, Ch. 942, Sec. 15.)
  5. 56631.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    This section sets misdemeanor penalties, lets the department recover certain investigative costs after a conviction or court-supervised settlement, and gives cost-responsible persons or entities a right to audit those 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56631. (a) Except as specified in Section 56632, any misdemeanor which is prescribed in this article is punishable by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. (b) For a violation of the offense described in subdivision (a), the department may recover investigative costs, excluding attorneys’ fees and administrative overhead, for those charges where there has been a conviction in a court of law, or a court-supervised settlement has been reached. Nothing in this section allows the department to recover investigative costs for an administrative licensing action or any action that has not been filed in a court of law. (c) Any person or entity responsible for investigative costs under this section shall be allowed to audit the department’s investigative costs. The audit must be performed by a third-party certified public accountant and paid for by the person or entity requesting the audit. The department shall promulgate regulations to implement this subdivision by June 1, 2002. (Amended by Stats. 2000, Ch. 768, Sec. 9.5. Effective January 1, 2001.)
  6. 56632.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    A person may not act, or try to act, as a licensee or agent without a license; 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56632. It is a misdemeanor for any person to assume or attempt to act, or to act, as a licensee or agent without a license and is punishable by a fine of not less than ten thousand dollars ($10,000), by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. (Amended by Stats. 1986, Ch. 942, Sec. 17.)
  7. 56632.2.

    ## 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    A person subject to this chapter commits a misdemeanor if they pay license fees below the amount set in Section 56571(b). If that happens for two or more consecutive years, they must pay the director treble the license fees due.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56632.2. It is a misdemeanor for any person subject to this chapter to pay license fees in an amount less than that amount established under subdivision (b) of Section 56571. Any person who pays less than the amount established under subdivision (b) of Section 56571 for two or more consecutive years shall pay to the director treble the amount of the license fees due pursuant to this chapter. (Added by Stats. 1991, Ch. 733, Sec. 5.)
  8. 56632.5.

    ## 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    A licensed cash buyer must pay the full agreed price in cash when taking title to or possession of a farm product from a licensee or producer, unless that cash payment is made at that 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56632.5. It is a misdemeanor for any person licensed as a cash buyer to buy or otherwise take title to, or possession of, any farm product from a licensee or a producer of such product, except by cash payment of the full agreed price to the licensee or producer at the time of obtaining possession or control. (Added by Stats. 1979, Ch. 871.)
  9. 56633.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    Any person must not impose a false charge for handling or services connected with 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56633. It is a misdemeanor for any person to impose any false charge for handling or services in connection with any farm product. (Enacted by Stats. 1967, Ch. 15.)
  10. 56634.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    Any person must account and settle accounts promptly, correctly, fully, and properly as provided in 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56634. It is a misdemeanor for any person to fail to account promptly, correctly, fully, and properly and to make settlement of accounts as provided in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  11. 56635.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    A person may not intentionally make a false or misleading statement about market conditions; 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56635. It is a misdemeanor for any person to intentionally make any false or misleading statement as to market conditions. (Enacted by Stats. 1967, Ch. 15.)
  12. 56636.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    A person commits a misdemeanor if they make a fictitious sale or collude to defraud a producer or licensee.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56636. It is a misdemeanor for any person to make any fictitious sale or be guilty of collusion to defraud a producer or licensee. (Amended by Stats. 1979, Ch. 871.)
  13. 56637.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    It is a misdemeanor to buy consigned goods for your own account without the consignor’s prior authority, and you must promptly notify the consignor of any such purchase.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56637. It is a misdemeanor for any person to directly or indirectly purchase for his own account, goods which are received by him upon consignment without prior authority from the consignor, or to fail to promptly notify the consignor of such purchases, if any, on his own account. This section does not, however, prevent any commission merchant from taking to account of sales, in order to close the day’s business, any miscellaneous lot or parcel of any farm product which remains unsold, if such commission merchant forthwith enters such transaction on his account of sales. (Enacted by Stats. 1967, Ch. 15.)
  14. 56638.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    A person may not intentionally make a false statement about the grade, condition, markings, quality, or quantity of goods that are shipped or packed.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56638. It is a misdemeanor for any person to intentionally make any false statement regarding the grade, conditions, markings, quality, or quantity of any goods which are shipped or packed in any manner. (Enacted by Stats. 1967, Ch. 15.)
  15. 56639.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. )

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    A person who fails to comply with this chapter commits 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 19. Criminal Penalties [56631 - 56639] ( Article 19 enacted by Stats. 1967, Ch. 15. ) ## 56639. It is a misdemeanor for any person to fail to comply in every respect with the provisions of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  16. 56651.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 20. Civil Remedies and Penalties [56651 - 56652] ( Article 20 enacted by Stats. 1967, Ch. 15. )

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    The director may go to superior court to stop a violation or threatened violation of this chapter or orders made under 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 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 20. Civil Remedies and Penalties [56651 - 56652] ( Article 20 enacted by Stats. 1967, Ch. 15. ) ## 56651. The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which is made pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants that are alleged to be violating the same provisions or orders, although their properties, interests, residences, or places of business may be in several counties and the violations separate and distinct. Any proceeding which is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1967, Ch. 15.)
  17. 56652.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 20. Civil Remedies and Penalties [56651 - 56652] ( Article 20 enacted by Stats. 1967, Ch. 15. )

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    A person who violates this chapter is civilly liable for $500 to $1,000 per violation, and the secretary may recover that amount in court.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7. Produce Dealers [56101 - 56652] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 20. Civil Remedies and Penalties [56651 - 56652] ( Article 20 enacted by Stats. 1967, Ch. 15. ) ## 56652. (a) Any person that violates any provision of this chapter is liable civilly in the sum of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) for each and every violation. This sum shall be recovered in an action by the secretary in any court of competent jurisdiction. All sums which are recovered pursuant to this section shall be deposited in the State Treasury to the credit of the Department of Food and Agriculture Fund. (b) For a violation of the offense described in subdivision (a), the department may recover investigative costs, excluding attorneys’ fees and administrative overhead, for those charges where there has been a conviction in a court of law, or a court-supervised settlement has been reached. Nothing in this section allows the department to recover investigative costs for an administrative licensing action or any action that has not been filed in a court of law. (c) Any person or entity responsible for investigative costs under this section shall be allowed to audit the department’s investigative costs. The audit must be performed by a third-party certified public accountant and paid for by the person or entity requesting the audit. The department shall promulgate regulations to implement this subdivision by June 1, 2002. (Amended by Stats. 2000, Ch. 768, Sec. 10.5. Effective January 1, 2001.)
  18. 56701.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. )

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    This section says the chapter uses earlier definitions from Chapter 6 and defines “committee” as the Market Enforcement Advisory Committee established under Section 56702.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. ) ## 56701. (a) The definitions set forth in Article 1 (commencing with Section 55401) of Chapter 6 apply to this chapter. (b) For purposes of this chapter, “committee” means the Market Enforcement Advisory Committee established pursuant to Section 56702. (Added by Stats. 2024, Ch. 603, Sec. 10. (SB 1270) Effective January 1, 2025.)
  19. 56702.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. )

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    This section creates a Market Enforcement Advisory Committee in the department and gives the secretary appointment responsibilities.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. ) ## 56702. (a) There is in the department a Market Enforcement Advisory Committee. The committee shall consist of up to 12 voting members, which shall include a balanced representation of growers, processors, and produce dealers, or representatives from organizations that advocate on behalf of these industry groups. (b) The secretary shall appoint the members of the committee after receiving recommendations from the industry. In making appointments, the secretary shall ensure that there is representation on the board from a diverse population of industries, regions, business sizes, and farm product commodities. (c) The secretary may appoint one additional member to the committee, from nominees received from the committee, who shall serve as the public member. The public member shall represent the interests of the public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee. (Added by Stats. 2024, Ch. 603, Sec. 10. (SB 1270) Effective January 1, 2025.)
  20. 56703.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. )

    Verify source ↗

    The section states that committee appointees are meant to represent and advance the interests of the industry concerned, and that this serves the public interest.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. ) ## 56703. It is hereby declared, as a matter of legislative determination, that persons appointed to the committee are intended to represent and further the interests of the industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 2024, Ch. 603, Sec. 10. (SB 1270) Effective January 1, 2025.)
  21. 56704.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. )

    Verify source ↗

    A committee member’s term is three years; if a vacancy occurs, the secretary must appoint a replacement for the rest of the term, may remove a member at any time, and members do not receive a salary but may be reimbursed for approved committee-related activities.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. ) ## 56704. (a) The term of office for a member of the committee is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements described in subdivisions (a) and (b) of Section 56702, appoint a replacement member of the committee for the duration of the term. The secretary may remove a committee member at any time. (b) A member of the committee shall not receive a salary but may be reimbursed by the department for attendance at meetings and other committee activities authorized by the committee and approved by the secretary. (Added by Stats. 2024, Ch. 603, Sec. 10. (SB 1270) Effective January 1, 2025.)
  22. 56705.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. )

    Verify source ↗

    The committee must advise the secretary and may make recommendations on specified administration, enforcement, budget, and fee matters. The secretary may also delegate additional advisory duties to the committee.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. ) ## 56705. (a) The committee shall advise the secretary and may make recommendations on all of the following: (1) All matters pertaining to the administration and enforcement of Chapter 6 (commencing with Section 55401) and Chapter 7 (commencing with Section 56101) and any rules or regulations adopted pursuant to those chapters. (2) Procedures established and performed by the Market Enforcement Branch of the department. (3) Annual budgets required to accomplish the purposes of the chapters described in paragraph (1). (4) The setting of appropriate licensing and complaint fees necessary for the administration of the chapters described in paragraph (1). (b) The secretary may delegate additional advisory duties to the committee. (Added by Stats. 2024, Ch. 603, Sec. 10. (SB 1270) Effective January 1, 2025.)
  23. 56706.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. )

    Verify source ↗

    The committee must elect a chair each year, may choose other officers as needed, and must meet when called by the chair or secretary and at least once a 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 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. ) ## 56706. (a) The committee shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary. (b) The committee shall meet at the call of its chair or the secretary. The committee shall meet at least once a year to review an annual budget and licensing fees. (Added by Stats. 2024, Ch. 603, Sec. 10. (SB 1270) Effective January 1, 2025.)
  24. 56707.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. )

    Verify source ↗

    The committee must follow the teleconference requirements in Section 58853 of the code.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 7.2. Market Enforcement Advisory Committee [56701 - 56707] ( Chapter 7.2 added by Stats. 2024, Ch. 603, Sec. 10. ) ## 56707. Notwithstanding Section 11123 of the Government Code, the committee shall follow the teleconference requirements set forth in Section 58853 of this code. (Added by Stats. 2024, Ch. 603, Sec. 10. (SB 1270) Effective January 1, 2025.)
  25. 568.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. )

    Verify source ↗

    The secretary must convene an 11-member scientific advisory panel on resilient and sustainable agriculture, and the panel must carry out specified research, review, advisory, and assistance functions.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. ) ## 568. (a) The secretary shall convene an 11-member Scientific Advisory Panel on Resilient and Sustainable Agriculture to advise the secretary on the implementation of research, incentive, and technical assistance grant programs for sustainable agriculture, and to assist federal, state, and local government agencies, as appropriate or necessary, on issues relating to the impact of agricultural practices on the climate, air, water, and biodiversity to do the following: (1) Review data and compile the best available science on the impact that agriculture has on the environment and local communities and recommend to the secretary and appropriate state agencies the best available science on environmental impacts of agriculture, and practices and policies based on that information to advance the goals of this article, including Section 569. (2) Research, review, and comment on data upon which proposed environmental policies and regulatory programs are based to ensure that the environmental impacts of agricultural activities are accurately portrayed and to identify incentives that may be provided to encourage agricultural practices with environmental benefits. (3) Assist government agencies to incorporate policies and practices identified pursuant to paragraph (1) into environmental regulatory programs. (b) (1) The panel shall consist of members of the public that represent scientific expertise in sustainable agriculture and members of state agencies that represent expertise in programs and policies related to agriculture. Of the members first appointed to the panel, two shall serve for a term of two years and three shall serve for a term of three years, as determined by lot. Thereafter, members shall be appointed for a term of three years, limited to two terms. The members shall be appointed as follows: (A) Seven members shall be appointed by the secretary as follows: (i) Four members shall have a minimum of five years of scientific training and experience in the field of agriculture, of which at least one member shall have training and field experience in on-farm management practices that reduce greenhouse gas emissions, sequester carbon, or both. (ii) Two members shall be producers, of which at least one member shall be certified as a producer pursuant to federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). (iii) At least one member shall have technical expertise in agricultural conservation planning and management. (B) Two members shall be appointed by the Secretary for Environmental Protection. One shall have a minimum of five years of training and experience in the field of human health or environmental science, and one shall have expertise in greenhouse gas emissions reductions practices related to agriculture. (C) Two members who have a minimum of five years of training and experience in the field of resource management shall be appointed by the Secretary of the Natural Resources Agency. One member shall additionally have expertise in climate change adaptation and climate change impacts in the agricultural sector. (2) The secretary may also appoint, in consultation with the panel, ex officio nonvoting members to the panel. (c) The panel may establish ad hoc committees, which may include professionals, scientists, or representatives of nongovernmental entities, to assist it in performing its functions. (d) The State Air Resources Board shall consult with the secretary and the panel, as appropriate, in developing the quantification methods described in subdivision (b) of Section 16428.9 of the Government Code as it relates to the demonstration and quantification of on-farm greenhouse gas emissions reductions. (Amended by Stats. 2025, Ch. 283, Sec. 3. (AB 947) Effective January 1, 2026.)
  26. 56801.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56801. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  27. 56802.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “association” as an association of produce dealers organized to carry out the responsibilities imposed on produce dealers by 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56802. “Association” means an association of produce dealers which is organized to carry out the responsibilities of produce dealers which are imposed by this chapter. (Enacted by Stats. 1967, Ch. 15.)
  28. 56803.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “city” to include a city and county.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56803. “City” includes city and county. (Enacted by Stats. 1967, Ch. 15.)
  29. 56804.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “Commissioner” for matters relating to a particular market.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56804. “Commissioner,” with respect to any matter which relates to a particular market, means the deputy labor commissioner who is in charge of the office of the Labor Commissioner which is located nearest to that market. (Enacted by Stats. 1967, Ch. 15.)
  30. 56805.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Director” means the Director of Industrial Relations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56805. “Director” means the Director of Industrial Relations. (Enacted by Stats. 1967. Ch. 15.)
  31. 56806.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “farm product” as fruit, nut, vegetable, berry, or aquacultural 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56806. “Farm product” means any fruit, nut, vegetable, berry, or aquacultural product. (Amended by Stats. 1995, Ch. 810, Sec. 16. Effective January 1, 1996.)
  32. 56807.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Market” is defined as the collective business locations of produce dealers meeting the stated city and fresh-sale conditions, and this chapter applies only where five or more produce dealers operate.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56807. “Market” means the places of business, collectively, of produce dealers that operate in a city, or the vicinity of a city, and that deal in any farm product which is intended, in whole or in part, for ultimate sale for consumption in a fresh state within the city and the vicinity of the city. This chapter applies only to markets in which five or more produce dealers operate. (Enacted by Stats. 1967, Ch. 15.)
  33. 56808.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “produce dealer” to include commission merchants and dealers, but not brokers or processors.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56808. “Produce dealer” includes “commission merchant,” as defined in Section 56105, and “dealer,” as defined in Section 56107. It does not, however, include a “broker,” as defined in Section 56103, nor “processor,” as defined in Section 55407. (Enacted by Stats. 1967, Ch. 15.)
  34. 56809.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “registered unloader” as a person who unloads farm products in a market, and excludes several listed people and vehicle operators from that definition.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56809. “Registered unloader” means a person who unloads any farm product in a market. It does not, however, include any of the following: (a) A producer of farm products, or his or her son or daughter, father, mother, or regularly employed employee. (b) The operator of any vehicle which is engaged in the transporation of any farm product to market if the operation of such vehicle is subject to the jurisdiction of the Public Utilities Commission and the rate which is charged for such transporation includes the charge for unloading the farm product which is so transported. (Amended by Stats. 1976, Ch. 1171.)
  35. 56810.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Union” is defined as the labor union recognized as the bargaining representative for employees working in a market.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [56801 - 56810] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 56810. “Union” means the labor union which has been recognized by the National Labor Relations Board, or other governmental agency which has jurisdiction, as the bargaining agency for employees who are employed in a market. (Enacted by Stats. 1967, Ch. 15.)
  36. 56831.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [56831 - 56832] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section states the chapter’s purpose: to promote orderly marketing of farm products and reasonable unloading charges at markets 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [56831 - 56832] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 56831. It is the purpose of this chapter to promote the orderly marketing of farm products and the establishment of reasonable charges for unloading such products at markets in this state. It is declared that in some of the markets of this state the charges for unloading farm products have been found to be exorbitant and unreasonable and that this chapter is enacted to remedy such evils and in the interests of the public welfare. (Enacted by Stats. 1967, Ch. 15.)
  37. 56832.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [56831 - 56832] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make regulations needed to carry out this chapter and its 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [56831 - 56832] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 56832. The director may make such regulations as he may deem necessary to carry out this chapter and to effectuate its purposes. (Enacted by Stats. 1967, Ch. 15.)
  38. 56861.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [56861 - 56863] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter does not apply to markets with fewer than five produce dealers.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [56861 - 56863] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 56861. This chapter does not apply to any market in which less than five produce dealers operate. (Enacted by Stats. 1967, Ch. 15.)
  39. 56862.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [56861 - 56863] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter does not apply to certain produce dealers who unload delivered farm products without charge at their place of business, and it does not prohibit employees from helping unload when registered unloaders are unavailable.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [56861 - 56863] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 56862. This chapter does not apply to any produce dealer at whose place of business every farm product which is delivered is unloaded without charge by employees of the produce dealer either with or without the assistance of the operator of the vehicle which transports such product or other persons who accompany the operator on such vehicle. This chapter does not prohibit any employee of a produce dealer from assisting in unloading any farm product without charge if registered unloaders are not available. (Enacted by Stats. 1967, Ch. 15.)
  40. 56863.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [56861 - 56863] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter does not apply to markets in Los Angeles County.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Exceptions [56861 - 56863] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 56863. This chapter does not apply to any market in Los Angeles County. (Added by Stats. 1986, Ch. 191, Sec. 1.)
  41. 56891.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Registered Unloaders [56891 - 56893] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Registered unloaders in a market must register with the commissioner, carry a registration card while working or looking for unloading work, and may not unload farm products in a market unless registered.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Registered Unloaders [56891 - 56893] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 56891. Every person who unloads any farm product in a market and who is a registered unloader shall register his name, Federal Social Security number, and address and union affiliation, if any, with the commissioner. The commissioner shall supply each registered unloader with a card of registration. Each registered unloader shall carry such card at all times while employed or seeking employment in unloading any farm product in a market. A person within the definition of the term registered unloader shall not unload any farm product in a market unless he is registered as provided in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  42. 56892.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Registered Unloaders [56891 - 56893] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A producer who transports farm products to a market may register specified family members and employees with the commissioner, and registered persons must carry a card while unloading at a market.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Registered Unloaders [56891 - 56893] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 56892. Every producer who transports any farm product to a market may register himself or herself, his or her parents, and his or her sons or daughters, and regular full-time employees, with the commissioner. Such registration shall show the name of the producer, the registration number and other means of identification of his or her own personally owned vehicles, and the relationship of the registrant to the producer. This chapter does not prohibit a person so registered from unloading any farm product from a vehicle as to which he or she is so registered, and no such person is required to employ any other person to unload or assist in unloading such farm product nor to pay for any services which are not requested to be performed. The commissioner shall supply each such registrant with an appropriate card, which the registrant shall carry at all times while engaged in unloading any farm product at a market. (Amended by Stats. 1976, Ch. 1171.)
  43. 56893.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Registered Unloaders [56891 - 56893] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A produce dealer operating in a market must keep enough registered unloaders on hand and have a responsible person available to receipt for unloaded farm products whenever deliveries are being 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Registered Unloaders [56891 - 56893] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 56893. Every produce dealer that operates in a market is responsible for providing that registered unloaders sufficient in number to do the work which is required are available at all times when any farm product is being delivered to his place of business. He is also responsible for having on hand at his place of business at all such times a responsible person to receipt for any farm product which is unloaded at his place of business. (Enacted by Stats. 1967, Ch. 15.)
  44. 569.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. )

    Verify source ↗

    The department must establish and run a Healthy Soils Program, with the panel advising it.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. ) ## 569. (a) (1) The department, in consultation with the panel, shall establish and oversee a Healthy Soils Program. The program shall seek to optimize climate benefits while supporting the economic viability of California agriculture by providing incentives, including, but not limited to, loans, grants, research, and technical assistance, and educational materials and outreach, to farmers whose management practices contribute to healthy soils and result in net long-term on-farm greenhouse gas benefits. The program may also include the funding of on-farm demonstration projects that further the goals of the program. (2) The department, in consultation with the panel, may determine priorities for the program and give priority to projects that occur in and benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code, show promise of being replicable in other parts of the state, or provide environmental and agronomic cobenefits, such as improved air and water quality, improved crop yield, and reduced soil erosion. (3) The panel shall also advise the department on scientific findings, program framework, guidelines, grower incentives, and providing technical assistance. (4) If the department elects to fund on-farm demonstration projects described in paragraph (1), the department, in consultation with the panel, shall establish a technical advisory committee to review on-farm demonstration project applications for scientific validity and the proposed project’s potential to achieve greenhouse gas benefits. (b) The department shall implement the program and quantify greenhouse gas emissions reductions in accordance with the funding guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code and the quantification methods developed by the State Air Resources Board pursuant to Section 16428.9 of the Government Code. (c) (1) The department may pursue public and private sources to support the Healthy Soils Program. (2) To the extent funds are available, the department may provide support to the program, including, but not limited to, technical assistance, education, and outreach. (d) For purposes of this section, “panel” means the Scientific Advisory Panel on Resilient and Sustainable Agriculture. (e) For purposes of the Healthy Soils Program, the following terms have the following meanings: (1) “Greenhouse gas benefits” means greenhouse gas emissions source reduction or carbon sequestration. (2) “Healthy soils” means soils that enhance their continuing capacity to function as a biological system, increase soil organic matter, improve soil structure and water- and nutrient-holding capacity, and result in net long-term greenhouse gas benefits. (3) “On-farm demonstration projects” means projects that incorporate farm management practices that result in greenhouse gas benefits and have outreach goals, research goals, or both. (Amended by Stats. 2025, Ch. 283, Sec. 4. (AB 947) Effective January 1, 2026.)
  45. 569.5.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. )

    Verify source ↗

    Creates the Climate Smart Agriculture Account, allows certain loans from it, and requires the department to report annual income and expenditures to the Legislature by January 10 after each fiscal year end when money moved in or out of the account.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. ) ## 569.5. (a) There is hereby created the Climate Smart Agriculture Account in the Department of Food and Agriculture Fund, which shall consist of moneys made available from federal, state, industry, philanthropic, and private sources. (b) Notwithstanding Section 13340 of the Government Code, the Climate Smart Agriculture Account is hereby continuously appropriated without regard to fiscal years to the department to carry out the purposes of this article. (c) Notwithstanding any other law, the Controller may use the moneys in the Climate Smart Agriculture Account for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Any such loan shall be exempt from paragraph (2) of subdivision (b) of Section 16310 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the account. This subdivision shall not authorize any transfer that would interfere with the carrying out of the object for which the account was created. (d) (1) For any fiscal year in which moneys are received into or expended from the Climate Smart Agriculture Account, the department, no later than January 10 following the close of the fiscal year, shall submit to the Legislature an overview of the account’s income and expenditures. (2) An overview to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 115, Sec. 10. (AB 148) Effective July 22, 2021.)
  46. 56921.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Association of Produce Dealers [56921 - 56923] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Produce dealers in a market may form an association, but they cannot be required to join it, and admitted dealers can be charged only assessments or payments needed to carry out chapter responsibilities.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Association of Produce Dealers [56921 - 56923] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 56921. In order to facilitate the carrying out of their responsibilities pursuant to this chapter, the produce dealers that operate in a market may organize an association. A produce dealer shall not be required to become or to be a member of such association, but any such association shall admit to membership any produce dealer that operates in the market. If a produce dealer is admitted to membership in the association, he shall not be subject to any assessment or payment except those which are necessary to carry out his responsibilities pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  47. 56922.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Association of Produce Dealers [56921 - 56923] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An association may obtain dispatching service, act as a bargaining agent with a union for unloading charges, and provide watchman service with receipts for farm products delivered when the market is closed.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Association of Produce Dealers [56921 - 56923] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 56922. An association may do all of the following: (a) Obtain a dispatching service from which registered unloaders may be sent to the places where their services are required. (b) Act as the bargaining agent to establish with a union the scale of charges for unloading any farm product in the market in accordance with this chapter. (c) Provide for watchman service to protect and give a receipt for any farm product which is delivered to a market at times when the market is not otherwise in operation. (Enacted by Stats. 1967, Ch. 15.)
  48. 56923.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Association of Produce Dealers [56921 - 56923] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may review association service costs, and must review the association’s activities from time to time or when requested by a produce dealer. Charges for other purposes are only payable by a produce dealer if they are entirely voluntary.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Association of Produce Dealers [56921 - 56923] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 56923. The costs of services of an association to its members for carrying out any of the activities which are provided for or required by this chapter are subject to review by the director. No cost or expenditure for any other purpose shall be payable by any produce dealer except on an entirely voluntary basis. The director shall from time to time on his own motion, or at the request of a produce dealer, review the activities of the association to determine if any charge is made against any produce dealer in violation of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  49. 56951.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Produce dealers operating within a market must set unloading charges for farm products and keep a legible copy posted at their business location.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56951. Each produce dealer that operates within a market shall establish a scale of charges for unloading any farm product which is transported to his place of business and shall post and maintain a legible copy of such scale in a conspicuous place at his place of business where it is readily visible at all times during which any farm product is delivered to such place of business. (Enacted by Stats. 1967, Ch. 15.)
  50. 56952.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A scale of charges set under this article may be changed from time to time according to the method and procedure used to establish 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56952. Any scale of charges which is established pursuant to this article may be modified from time to time in accordance with the method and procedure which is prescribed for establishing such scale. (Enacted by Stats. 1967, Ch. 15.)
  51. 56953.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The established scale of charges is the standard charge for unloading any farm product in the market.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56953. The scale of charges which is established shall be the standard charge for unloading any farm product in the market. (Enacted by Stats. 1967, Ch. 15.)
  52. 56954.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not charge or accept payment for unloading a farm product above the market’s standard charge.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56954. A person shall not charge or receive any payment for unloading any farm product in excess of the standard charge which is established for the market. (Enacted by Stats. 1967, Ch. 15.)
  53. 56955.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Produce market unloading charges are set either by union agreement, by the produce dealers if there is no union, and in either case they need the director’s approval.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56955. The scale of charges shall be established as follows: (a) If all the produce dealers in a market, or a majority of such produce dealers, either individually or through group representation, have an agreement with a union, the scale of charges shall be that which is prescribed in such agreement and approved as provided in this chapter. If an agreement which covers any employees of produce dealers in a market does not cover persons who unload farm products, the agreement shall be modified, or a new agreement made, to cover such persons. (b) If there is no such union, the scale of charges shall be fixed by the produce dealers that operate within the market. In either event, the scale of charges is subject to the approval of the director. (Enacted by Stats. 1967, Ch. 15.)
  54. 56956.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When a market’s charge scale is set, it must be sent to the director, who must examine it and compare it with similar charges, and may consider relevant factors in judging reasonableness.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56956. Upon the determination of a scale of charges for a market, the scale of charges shall be transmitted to the director. The director shall examine such scale and shall compare it with any available information relative to the charges for similar work which is performed under similar conditions in the city in, or for, which the market is operated. The director may take into consideration any and all factors which are relevant to the determination of the reasonableness of such charges, including any rates of the Public Utilities Commission for the performance of work of a similar nature. (Enacted by Stats. 1967, Ch. 15.)
  55. 56957.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director finds the scale of charges is not unreasonable, the director must approve it, and it then becomes the standard charge for unloading any farm product in the market.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56957. If the director determines that the scale of charges is not unreasonable, he shall approve the scale and thereafter the scale of charges shall be the standard charge for unloading any farm product in the market. (Enacted by Stats. 1967. Ch. 15.)
  56. 56958.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director finds the unloading charge scale unreasonable, the director must set a hearing time and place and have notice mailed to affected dealers and union officials, with optional notice to producers.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56958. If the director finds that the scale of charges is unreasonable, he shall fix a time and place for a hearing on the matter. Notice of such hearing shall be mailed to each produce dealer that operates in the market and to the officials of the union, if a union is involved. The director may also notify any or all producers of any farm product which is delivered to the market. (Enacted by Stats. 1967, Ch. 15.)
  57. 56959.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must consider relevant matters at the hearing and then adjust the unloading charge scale or any item of it so it is not unreasonably higher than the prevailing rate for similar work in the city or nearby.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Charges for Unloading Produce [56951 - 56959] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 56959. At the hearing the director shall consider any relevant matters that may be presented and, at or after the conclusion of such hearing, he shall so adjust the scale or any item of the scale so that the scale is not unreasonably higher than the prevailing rate for similar work which is performed under similar conditions in the city or its vicinity. (Enacted by Stats. 1967, Ch. 15.)
  58. 56981.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Penalties [56981 - 56982] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating any provision of this chapter 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Penalties [56981 - 56982] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 56981. The violation of any provision of this chapter by any person is a misdemeanor. (Enacted by Stats. 1967, Ch. 15.)
  59. 56982.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Penalties [56981 - 56982] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A produce dealer’s violation of this chapter can lead to license revocation, and an association’s violation can lead to revocation of each participating produce dealer’s 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 8. Produce Markets [56801 - 56982] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Penalties [56981 - 56982] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 56982. The violation of any provision of this chapter by a produce dealer is grounds for the revocation of his license, and the violation of any provision of this chapter by an association is grounds for the revocation of the license of each produce dealer that participates in such violation. (Enacted by Stats. 1967, Ch. 15.)
  60. 570.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. )

    Verify source ↗

    This section requires the secretary and department to set aside and award technical assistance funding for specified agricultural programs, and sets minimum application and reporting requirements for providers.

    ## 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 8.5. The Cannella Environmental Farming Act of 1995 [560 - 570] ( Article 8.5 added by Stats. 1995, Ch. 928, Sec. 3. ) ## 570. (a) For purposes of this section, the following definitions apply: (1) “Programs” means the Healthy Soils Program established pursuant to Section 569, the Alternative Manure Management Program, and the State Water Efficiency and Enhancement Program established by the department from moneys made available pursuant to Chapter 2 of the Statutes of 2014. (2) “Technical assistance” means outreach, education, training, conservation, agricultural planning, project planning, project design, grant application assistance, grant writing, matching funds coordination, translation and interpretation, project implementation support, facilitating environmental compliance, grant management assistance, project completion verification, outcome monitoring, case study development, and project reporting assistance provided to a farmer or rancher to improve their successful participation in the programs. (3) “Technical assistance providers” means nonprofit organizations, groundwater sustainability agencies, irrigation districts, resource conservation districts, the University of California Cooperative Extension, and California public colleges and universities with demonstrated technical expertise in designing and implementing agricultural management practices to achieve the purposes identified in subdivision (b). (b) The secretary shall make available not less than 5 percent of the funds appropriated to the department for the programs, but not more than 20 percent, for technical assistance directly through a technical assistance grant program, or indirectly through a block grant program that includes funding for technical assistance. The department shall award funds to technical assistance providers for the following purposes: (1) To support farmers and ranchers in the application process for grants from the programs and implementation of funded projects, prioritizing that technical assistance to farms and ranches that are 500 acres or fewer. Technical assistance funding may be used to provide assistance over multiple incentive funding cycles. (2) To provide general planning and training for climate-smart and sustainable agriculture, defined as agricultural practices that support reducing greenhouse gas emissions, sequestering carbon, conserving water and other resources, managing nutrients and pests, and supporting biodiversity. (3) To lease, purchase, or repair farming, ranching, and food processing equipment that can be centrally housed with the technical assistance provider and shared regionally with producers. (c) The department may establish criteria and guidelines for technical assistance providers to qualify to receive funds pursuant to subdivision (b) to provide technical assistance. The department shall coordinate grant program outreach with the Natural Resources Conservation Service of the United States Department of Agriculture. The department shall do all of the following: (1) Establish a process for technical assistance providers to apply to the department to receive funds to provide technical assistance pursuant to subdivision (b). Funding applications shall include, at minimum, a work plan that identifies which of the purposes identified in subdivision (b) will be targeted by the technical assistance provider, specific activities that will be undertaken to maximize farmer and rancher participation and project success, an estimate of the number of farmers and ranchers to be served by the technical assistance provider, and evidence of qualifications of its relevant staff and project partners. Technical assistance providers must demonstrate expertise in working with California farmers and ranchers on projects relevant to one or more of the purposes identified in subdivision (b). (2) Ensure at least 25 percent of the awarded funds are used to provide technical assistance to socially disadvantaged farmers or ranchers, as defined in Section 512. (3) Review direct and block grant applications for technical assistance funds and recommend grant awardees to the secretary. (4) Allow direct project costs and a percentage of overhead expenses, to be determined by the secretary, to be funded as part of the grant awards. (5) Allow a percentage of funding, to be determined by the secretary, to support training and capacity building within technical assistance provider organizations and coordination between organizations to improve assistance. This shall include staff onboarding, training, and continuing education in climate-smart and conservation agricultural practices and planning. (6) Support information sharing among technical assistance providers, the department, and other relevant stakeholders for the continuous improvement of programmatic guidelines, application processes, and relevant climate change and agricultural research. (7) Allow equipment sharing costs funded as part of grant awards to include developing and expanding equipment sharing programs, including, but not limited to, the purchase and repair of tools, equipment, training, and outreach costs associated with the shared equipment within the grant term. (8) Consult with the Scientific Advisory Panel on Resilient and Sustainable Agriculture on grant program design, guidelines, and outreach for the technical assistance to improve coordination and information sharing on technical assistance strategies and activities for the department’s programs. (d) The secretary shall award funds to technical assistance providers of up to two hundred fifty thousand dollars ($250,000) per solicitation, per program served. A block grant applicant or technical assistance provider that demonstrates on its application that the majority of the persons it provides technical assistance to are socially disadvantaged farmers or ranchers shall receive priority consideration for funding to cover translation services, the production of outreach materials, and additional outreach-related expenses. (e) In administering this section, the department may recover reasonable costs from the funds appropriated for purposes of this section for administrative activities, including, but not limited to, providing staff resources for outreach, development and administration of grant solicitations, grant management, project verification, staff training, program evaluation, and other activities as required. (Amended by Stats. 2025, Ch. 283, Sec. 5. (AB 947) Effective January 1, 2026.)
  61. 57001.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    Unless the context otherwise requires, the definitions in this article control how this chapter is read.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57001. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1978, Ch. 585.)
  62. 57002.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This section defines “Association” as an association of produce dealers organized to carry out responsibilities imposed by 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57002. “Association” means an association of produce dealers which is organized to carry out the responsibilities of produce dealers which are imposed by this chapter. (Added by Stats. 1978, Ch. 585.)
  63. 57003.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    In this section, “city” includes a city and county.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57003. “City” includes city and county. (Added by Stats. 1978, Ch. 585.)
  64. 57004.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    For matters relating to a particular market, “Commissioner” means the deputy labor commissioner in charge of the Labor Commissioner’s nearest office.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57004. “Commissioner,” with respect to any matter which relates to a particular market, means the deputy labor commissioner who is in charge of the office of the Labor Commissioner which is located nearest to that market. (Added by Stats. 1978, Ch. 585.)
  65. 57005.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This section defines “Director” as the Director of Industrial Relations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57005. “Director” means the Director of Industrial Relations. (Added by Stats. 1978, Ch. 585.)
  66. 57007.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    “Farm product” is defined to include any fruit, nut, vegetable, berry, or aquacultural 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57007. “Farm product” means any fruit, nut, vegetable, berry, or aquacultural product. (Amended by Stats. 1995, Ch. 810, Sec. 17. Effective January 1, 1996.)
  67. 57008.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This section defines “hauler” as any trucker or carrier.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57008. “Hauler” means any trucker or carrier. (Added by Stats. 1978, Ch. 585.)
  68. 57009.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This section defines “market” and says the chapter applies only to certain produce markets in Alameda, San Francisco, and San Mateo counties with five or more produce dealers.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57009. “Market” means the places of business, collectively, of produce dealers that operate in a city, or the vicinity of a city, and that deal in any farm product which is intended, in whole or in part, for ultimate sale for consumption in a fresh state within the city and the vicinity of the city. This chapter applies only to any market in which five or more produce dealers operate in the Counties of Alameda, San Francisco, and San Mateo and the provisions of Chapter 8 (commencing with Section 56801) of this division shall not be applicable to any such market. (Added by Stats. 1978, Ch. 585.)
  69. 5701.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. )

    Verify source ↗

    If a pest exists on premises, the director or commissioner may hold nearby plants or carriers and must notify the owner or agent; related shipping permits or nursery stock certificates must be refused or revoked.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. ) ## 5701. (a) If any pest exists on any premises, the director or the commissioner may hold any plant or other host or possible carrier which is, or may be, capable of disseminating or carrying the pest. The director or the commissioner also may hold the plants, other hosts, or other possible carriers on any premises within five miles of the premises on which the pest was found to exist. The director or commissioner shall notify the owner of the plant or other host or possible carrier, or his or her agent, of this action, and the issuance of any shipping permit or nursery stock certificate with respect to the plant or other host or possible carrier shall be refused and any such permit or certificate which has been previously issued shall be revoked. (b) The distance from the premises at which a pest is found that the director or commissioner may hold plants, other hosts, or other possible carriers shall be the maximum distance that the director or commissioner determines the pest is likely to travel, but not to exceed five miles. (Amended by Stats. 1986, Ch. 752, Sec. 2.)
  70. 57010.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    “Produce dealer” includes commission merchants and dealers, but excludes brokers and processors.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57010. “Produce dealer” includes “commission merchant,” as defined in Section 56105, and “dealer,” as defined in Section 56107. It does not, however, include a “broker,” as defined in Section 56103, nor “processor,” as defined in Section 55407. (Added by Stats. 1978, Ch. 585.)
  71. 57011.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This section defines “producer” as a person who commercially grows and markets 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57011. “Producer” means any person who commercially grows and markets farm products. (Added by Stats. 1978, Ch. 585.)
  72. 57012.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    A “registered unloader” is a person who unloads farm products in a market, with stated exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57012. “Registered unloader” means a person who unloads any farm product in a market. It does not, however, include any of the following: (a) A producer of farm products, or his son or daughter, father or mother, or regularly employed employee of such producer. (b) The operator of any vehicle which is engaged in the transportation of any farm product to market if the operation of such vehicle is subject to the jurisdiction of the Public Utilities Commission and the rate which is charged for such transportation includes the charge for unloading the farm product which is so transported. (Added by Stats. 1978, Ch. 585.)
  73. 57013.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    “Union” is defined as a labor union recognized as the bargaining agent for employees working in a market.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 1. Definitions [57001 - 57013] ( Article 1 added by Stats. 1978, Ch. 585. ) ## 57013. “Union” means the labor union which has been recognized by the National Labor Relations Board, or other governmental agency which has jurisdiction, as the bargaining agency for employees who are employed in a market. (Added by Stats. 1978, Ch. 585.)
  74. 57015.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This chapter’s purpose is to promote orderly marketing of farm products and reasonable unloading charges at markets 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. ) ## 57015. It is the purpose of this chapter to promote the orderly marketing of farm products and the establishment of reasonable charges for unloading such products at markets in this state. It is declared that in some of the markets of this state the charges for unloading farm products have been found to be exorbitant and unreasonable and that this chapter is enacted to remedy such evils and in the interests of the public welfare. (Added by Stats. 1978, Ch. 585.)
  75. 57016.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    The director may make regulations needed to carry out this chapter and its 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. ) ## 57016. The director may make such regulations as he may deem necessary to carry out this chapter and to effectuate its purposes. (Added by Stats. 1978, Ch. 585.)
  76. 57017.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This chapter does not apply to markets with fewer than five produce dealers.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. ) ## 57017. This chapter does not apply to any market in which less than five produce dealers operate. (Added by Stats. 1978, Ch. 585.)
  77. 57018.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    This chapter does not apply to certain produce dealers, and it allows a produce dealer’s employee to help unload 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 2. General Provisions and Exceptions [57015 - 57018] ( Article 2 added by Stats. 1978, Ch. 585. ) ## 57018. This chapter does not apply to any produce dealer at whose place of business every farm product which is delivered is unloaded without charge by employees of the produce dealer either with or without the assistance of the operator of the vehicle which transports such product or other persons who accompany the operator on such vehicle. This chapter does not prohibit any employee of a produce dealer from assisting in unloading any farm product. (Added by Stats. 1978, Ch. 585.)
  78. 5702.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. )

    Verify source ↗

    If the director or commissioner believes the plant or other host or possible carrier is not infested or has been disinfected or cleaned, they must release it in writing or issue the shipping permit or nursery stock certificate.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. ) ## 5702. If, in the opinion of the director or commissioner, the plant or other host or possible carrier is not infested or infected with the pest, or has been disinfected or cleaned so as to eradicate or control the pest, the director or commissioner shall in writing release it or issue the shipping permit or nursery stock certificate as the case may be. (Amended by Stats. 1986, Ch. 752, Sec. 3.)
  79. 57021.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    Registered unloaders must register their identifying details with the commissioner, wear a registration badge, and may not unload farm products in a market unless registered.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. ) ## 57021. Every person who unloads any farm product in a market and who is a registered unloader shall register his name, federal social security number, and address and union affiliation, if any, with the commissioner. The commissioner shall supply each registered unloader with a badge of registration. Each registered unloader shall wear such badge at all times while employed or seeking employment in unloading any farm product in a market. A person within the definition of the term registered unloader shall not unload any farm product in a market unless he is registered as provided in this chapter. (Added by Stats. 1978, Ch. 585.)
  80. 57022.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    A producer transporting farm products to a market may register family members and regular full-time employees with the commissioner, who must provide a badge. The badge must be worn while unloading at a market. The section also says unloading is not prohibited and no one has to hire or pay another person for unloading unless the service was requested.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. ) ## 57022. Every producer who transports any farm product to a market may register himself, his father or mother, and his sons or daughters, and regular full-time employees, with the commissioner. Such registration shall show the name of the producer and the relationship of the registrant to the producer. The commissioner shall supply each such registrant with an appropriate badge, which the registrant shall wear at all times while engaged in unloading any farm product at a market. This chapter does not prohibit a person from unloading any farm product, and no person is required to employ any other person to unload or assist in unloading such farm product nor to pay for any services which are not requested to be performed. (Added by Stats. 1978, Ch. 585.)
  81. 57023.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    A produce dealer operating in a market must keep a responsible person on hand at the business to receipt for farm products unloaded during posted receiving hours.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. ) ## 57023. Every produce dealer that operates in a market is responsible for having on hand at his place of business a responsible person to receipt for any farm product which is unloaded at his place of business during posted receiving hours. (Amended by Stats. 1980, Ch. 712.)
  82. 57024.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    When registered unloaders unload vehicles at the market, the vehicles must be unloaded promptly and in the order they arrive.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 3. Registered Unloaders [57021 - 57024] ( Article 3 added by Stats. 1978, Ch. 585. ) ## 57024. All vehicles shall be unloaded in a timely manner and in the order in which they arrive at the market, when the vehicles are unloaded by registered unloaders. (Added by Stats. 1983, Ch. 424, Sec. 2.)
  83. 57025.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 4. Association of Produce Dealers [57025 - 57028] ( Article 4 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    Produce dealers operating in a market may form an association, but they cannot be forced to join one.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 4. Association of Produce Dealers [57025 - 57028] ( Article 4 added by Stats. 1978, Ch. 585. ) ## 57025. In order to facilitate the carrying out of their responsibilities pursuant to this chapter, the produce dealers that operate in a market may organize an association. A produce dealer shall not be required to become or to be a member of such association, but any such association shall admit to membership any produce dealer that operates in the market. If a produce dealer is admitted to membership in the association, he shall not be subject to any assessment or payment except those which are necessary to carry out his responsibilities pursuant to this chapter. (Added by Stats. 1978, Ch. 585.)
  84. 57027.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 4. Association of Produce Dealers [57025 - 57028] ( Article 4 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    An association may provide watchman service and give receipts for farm products delivered when the market is not otherwise operating.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 4. Association of Produce Dealers [57025 - 57028] ( Article 4 added by Stats. 1978, Ch. 585. ) ## 57027. An association may provide for watchman service to protect and give a receipt for any farm product which is delivered to a market at times when the market is not otherwise in operation. (Added by Stats. 1978, Ch. 585.)
  85. 57028.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 4. Association of Produce Dealers [57025 - 57028] ( Article 4 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    The director must review association costs and activities, and produce dealers cannot be charged for other purposes unless payment is entirely voluntary.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 4. Association of Produce Dealers [57025 - 57028] ( Article 4 added by Stats. 1978, Ch. 585. ) ## 57028. The costs of services of an association to its members for carrying out any of the activities which are provided for or required by this chapter are subject to review by the director. No cost or expenditure for any other purpose shall be payable by any produce dealer except on an entirely voluntary basis. The director shall from time to time on his own motion, or at the request of a produce dealer, review the activities of the association to determine if any charge is made against any produce dealer in violation of this chapter. (Added by Stats. 1978, Ch. 585.)
  86. 5703.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. )

    Verify source ↗

    This section says Article 1 does not limit any other authority a commissioner already has under Chapter 3 starting at Section 6501.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. ) ## 5703. This article does not affect any other authority which is granted to a commissioner by Chapter 3 (commencing with Section 6501), Part 2 of this division. (Enacted by Stats. 1967, Ch. 15.)
  87. 57031.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    A union representing registered unloaders may bargain with the employer to set unloading charges, and if they cannot agree, the Public Employment Relations Board must mediate the dispute.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57031. (a) Any union representing registered unloaders is authorized and entitled to bargain with the employer of the registered unloaders to establish a scale of charges for unloading produce. (b) If the union or unions representing registered unloaders and the employer of registered unloaders are unable to agree on a scale of charges, the Public Employment Relations Board shall mediate the dispute pursuant to Section 3601 of the Government Code. (c) The scale of charges in effect on December 31, 1978, shall remain in effect until new charges are established pursuant to this section. (Amended by Stats. 2012, Ch. 46, Sec. 3. (SB 1038) Effective June 27, 2012.)
  88. 57032.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    The established scale of charges is the standard charge for unloading any farm product in the market.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57032. The scale of charges which is established shall be the standard charge for unloading any farm product in the market. (Added by Stats. 1978, Ch. 585.)
  89. 57033.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    A person must not charge or receive more than the market’s standard charge for unloading any 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57033. A person shall not charge or receive any payment for unloading any farm product in excess of the standard charge which is established for the market. (Added by Stats. 1978, Ch. 585.)
  90. 57034.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    Each produce dealer must post and keep a legible copy of the effective charge scale in a visible place at the business whenever farm products are being delivered.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57034. Each produce dealer shall post and maintain a legible copy of the effective scale of charges established under this article in a conspicuous place at his place of business where it is readily visible at all times during which any farm product is delivered to such place of business. (Added by Stats. 1978, Ch. 585.)
  91. 57035.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    The commissioner or a representative must investigate complaints about produce dealers or registered unloaders that are brought to their attention.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57035. The commissioner or his representative shall investigate any complaint brought to his attention involving produce dealers or registered unloaders. (Added by Stats. 1978, Ch. 585.)
  92. 57036.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    If no scale of charges has been established through bargaining under Section 57031, the union may propose a scale of charges for the director’s approval.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57036. If a scale of charges is not established pursuant to bargaining as provided for in Section 57031, the union may propose a scale of charges for approval by the director. (Added by Stats. 1983, Ch. 424, Sec. 3.)
  93. 57037.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    After the union’s proposed charges are received, the director must set a hearing time and place and give notice to specified produce dealers, the union, and possibly certain haulers and producers.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57037. After receipt of the scale of charges proposed by the union pursuant to Section 57036, the director shall fix a time and place for a hearing on the matter. Notice of the hearing shall be published and mailed to each produce dealer in the Counties of Alameda and San Mateo and in the City and County of San Francisco and to the union. The director shall also notify any or all haulers and producers of any farm product which is delivered to the market. (Added by Stats. 1983, Ch. 424, Sec. 4.)
  94. 57038.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    The director must consider relevant matters at the hearing and decide whether the proposed charge scale is reasonable.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57038. (a) At the hearing the director shall consider any relevant matters that may be presented. (b) At or after the conclusion of the hearing, the director shall determine whether or not the proposed scale is reasonable. If the director determines that the proposed scale is reasonable, the director shall approve it and thereafter that scale of charges shall be the standard charge for unloading any farm product in the market. If the director determines that the scale is unreasonable, the director shall adjust the scale or any item of the scale so that the scale is not unreasonably higher than the prevailing rate for similar work which is performed under similar conditions. After this adjustment, the scale shall be the standard charge for unloading any farm product in the market. (c) In making the determination and, if necessary, the adjustment required in subdivision (b), the director shall compare the scale proposed by the union with any available information relating to the charges for similar work which is performed under similar conditions in the city in, or for, which the market is operated. The director may take into consideration any rates set by the Public Utilities Commission for the performance of work of a similar nature. (Added by Stats. 1983, Ch. 424, Sec. 5.)
  95. 57039.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    The director may set a fee by regulation, and each party in a hearing under this article must pay an equal share of that 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 5. Charges for Unloading Produce [57031 - 57039] ( Article 5 added by Stats. 1978, Ch. 585. ) ## 57039. The director may by regulation establish a fee in the amount necessary to cover the costs that are incurred by the Department of Industrial Relations in implementing this article. Each party participating in a hearing conducted pursuant to this article shall pay an equal share of the fee. (Added by Stats. 1983, Ch. 424, Sec. 6.)
  96. 5704.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. )

    Verify source ↗

    A person may not move plants or other possible carriers off premises covered by a hold notice unless the director or commissioner gives written permission and the person follows the stated conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. ) ## 5704. It is unlawful for any person to move any plant or other host or possible carrier from the premises on which a hold notice has been issued, except under the written permission of the director or commissioner and in accordance with the conditions which are stated in the written permission. (Amended by Stats. 1986, Ch. 752, Sec. 4.)
  97. 57041.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 6. Penalties [57041 - 57043] ( Article 6 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    A produce dealer or registered unloader can lose or have suspended a license or registration for violating this chapter or laws affecting personal injury or property damage, and the commissioner must give the holder a chance to be heard before doing so.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 6. Penalties [57041 - 57043] ( Article 6 added by Stats. 1978, Ch. 585. ) ## 57041. Violation of any provision of this chapter or laws affecting personal injury or property damage by a produce dealer or registered unloader is grounds for license or registration revocation or suspension. Before suspending or revoking any registration or license under this chapter, the commissioner shall afford the holder of such registration or license an opportunity to be heard in person or by counsel. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein. (Added by Stats. 1978, Ch. 585.)
  98. 57042.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 6. Penalties [57041 - 57043] ( Article 6 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    The director may assess a fee of up to $400 per year, payable by produce dealers, to fund administering 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 6. Penalties [57041 - 57043] ( Article 6 added by Stats. 1978, Ch. 585. ) ## 57042. The director may assess a fee not to exceed four hundred dollars ($400) per year payable by produce dealers for use exclusively in administering the provisions of this chapter. (Amended by Stats. 1980, Ch. 470.)
  99. 57043.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 6. Penalties [57041 - 57043] ( Article 6 added by Stats. 1978, Ch. 585. )

    Verify source ↗

    Violating any provision of this chapter 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 8.5. Produce Markets in Alameda, San Francisco, and San Mateo Counties [57001 - 57043] ( Chapter 8.5 added by Stats. 1978, Ch. 585. ) ## ARTICLE 6. Penalties [57041 - 57043] ( Article 6 added by Stats. 1978, Ch. 585. ) ## 57043. The violation of any provision of this chapter by any person is a misdemeanor. (Added by Stats. 1978, Ch. 585.)
  100. 5705.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. )

    Verify source ↗

    The director or commissioner may make compliance agreements for moving pest carriers, and those agreements must set treatment and handling requirements. Breaking those terms is unlawful and can trigger civil liability up to $10,000.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Hold Notices on Infested and Nearby Properties [5701 - 5705] ( Heading of Article 1 amended by Stats. 1986, Ch. 752, Sec. 1.5. ) ## 5705. (a) The director or commissioner may enter into compliance agreements with any person which provide for the movement of hosts or other possible carriers of any pest from one area of the state to another. These agreements shall establish the treatment, harvesting, packing, and handling requirements that may be necessary to assure that the hosts or carriers are not infested. (b) Violation of the treatment, harvesting, packing, or handling terms of a compliance agreement is unlawful. (c) Any person who violates treatment, harvesting, packing, or handling terms in an agreement is also liable civilly in an amount not exceeding ten thousand dollars ($10,000). This remedy is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal, that otherwise are available to the state. (d) Any funds recovered by the department pursuant to this section shall be deposited in the Department of Food and Agriculture Fund for use, upon appropriation by the Legislature, to cover costs related to the enforcement of this division. (Added by Stats. 1988, Ch. 1063, Sec. 1.)
  101. 57101.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [57101 - 57103] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “dairy produce exchange” as an association organized to trade, market, or set the wholesale market value of butter, cheese, or eggs.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [57101 - 57103] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 57101. “Dairy produce exchange” means any association of persons which is organized for the following purposes: (a) Furnishing a medium for trading in butter, cheese, or eggs. (b) Facilitating the marketing of any such product. (c) Establishing the wholesale market value of any such product. (Enacted by Stats. 1967, Ch. 15.)
  102. 57102.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [57101 - 57103] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may require periodic reports, market quotation records, and other statistical information needed to administer 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [57101 - 57103] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 57102. The director may require such monthly or other periodical reports, records of market quotations, and other statistical information as may be necessary to him in administering this chapter. All such reports, statistics, or information which is pertinent to each dairy produce exchange which is licensed pursuant to this chapter shall be kept on file in the office of the director and subject to public inspection. (Enacted by Stats. 1967, Ch. 15.)
  103. 57103.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [57101 - 57103] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must have access to all records of licensed dairy produce exchanges and may appoint a representative to sit with the exchange’s board or governing body.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [57101 - 57103] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 57103. The director shall have access to all records of every dairy produce exchange which is licensed pursuant to this chapter, and may appoint a representative to sit with the board of directors or other governing body of such exchange. (Enacted by Stats. 1967, Ch. 15.)
  104. 57131.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not establish or operate a dairy produce exchange unless they first get a license from 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 57131. It is unlawful for any person to establish or operate a dairy produce exchange unless he has first obtained from the director a license to do so. (Enacted by Stats. 1967, Ch. 15.)
  105. 57132.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Dairy produce exchanges and would-be operators must file a written license application with the director before operating, and include the fee set by Section 57134.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 57132. Every dairy produce exchange, and any person that desires to operate a dairy produce exchange, before engaging in such activity, shall file with the director a written application for a license, accompanied by the license fee which is prescribed by Section 57134. The application shall state all of the following information: (a) The name under which the dairy produce exchange proposes to operate. (b) The location of its place of business. (c) The names of its officers, directors, and the persons, firms, corporations, or associations which constitute its membership. (d) A certified copy of its articles of incorporation, its constitution and bylaws, and the rules and regulations and bases of trade under which it proposes to operate. (Enacted by Stats. 1967, Ch. 15.)
  106. 57133.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must examine a license application and issue a license if the applicant has fully complied 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 57133. The director shall examine the application, and if he finds that the applicant has fully complied with the provisions of this chapter, he shall issue a license which authorizes the applicant to operate a dairy produce exchange. The license shall recite in bold type that the issuance of the license is permissive only and does not constitute a recommendation or endorsement of the rules and regulations or bases of trade under which the applicant proposes to operate. (Enacted by Stats. 1967, Ch. 15.)
  107. 57134.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must charge $100 for each license, and that amount must be included with the license application. Licensed businesses must also pay a $100 annual fee to the director, due on the first Monday of each calendar year, unless another chapter rule 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Licenses [57131 - 57134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 57134. For each license, the director shall charge the sum of one hundred dollars ($100), which sum shall accompany the application for the license. Except as otherwise provided in this chapter, each license which is issued by the director shall continue in effect so long as the licensee shall continue in business, and shall pay a fee of one hundred dollars ($100) annually to the director. Such fee is payable on the first Monday of each calendar year. (Enacted by Stats. 1967, Ch. 15.)
  108. 57161.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must act as arbitrator for disputes or contentions about a licensed dairy produce exchange or its bylaws, rules, or regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 57161. The director shall act as arbitrator in all cases of dispute or contention which concerns the maintenance or operation of any licensed dairy produce exchange, or the bylaws, rules, or regulations which pertain to it. (Enacted by Stats. 1967, Ch. 15.)
  109. 57162.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a verified complaint concerns a licensed dairy produce exchange, the director must investigate it and may hold hearings or request written statements.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 57162. Upon receipt of any verified complaint which concerns a licensed dairy produce exchange, the director shall proceed to make a thorough investigation. In this connection, the director: (a) May conduct hearings, of which all interested parties shall receive due notice, and may require written statements which set forth the views of any or all contending parties. (b) Shall invite the cooperation and solicit the opinion of the Federal Trade Commission and the Economic Research Service of the United States Department of Agriculture. (Enacted by Stats. 1967, Ch. 15.)
  110. 57163.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must prescribe a tentative rule, and it can apply in the operation of any licensed dairy produce exchange for up to 90 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 57163. On the basis of the information which is so obtained, the director shall prescribe a tentative rule which shall be effective in the operation of any licensed dairy produce exchange for not to exceed 90 days. (Enacted by Stats. 1967, Ch. 15.)
  111. 57164.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After the trial period, if the tentative rule appears fair and equitable, the director may order it to become a permanent rule for the licensed dairy produce exchange.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 57164. If, after such trial period, it appears that the tentative rule operates in a fair and equitable manner, it shall then, upon order of the director, be made a permanent rule of such licensed dairy produce exchange. (Enacted by Stats. 1967, Ch. 15.)
  112. 57165.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If an investigation shows an unlawful act by a licensed dairy produce exchange, the director may start appropriate legal proceedings against that exchange.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Arbitration [57161 - 57165] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 57165. If, in the conduct of any such investigation, it appears that any unlawful act has been committed by any licensed dairy produce exchange, the director may initiate appropriate legal proceedings against such exchange. (Enacted by Stats. 1967, Ch. 15.)
  113. 57191.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Investigations, Hearings, and Suspension or Revocation of Licenses [57191 - 57193] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must investigate dairy produce exchange actions when there is a verified written complaint, and may suspend or revoke a license for specified misconduct.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Investigations, Hearings, and Suspension or Revocation of Licenses [57191 - 57193] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 57191. The director may upon his own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any dairy produce exchange and may temporarily suspend or permanently revoke any license which is issued pursuant to this chapter if the licensee is guilty of any of the following: (a) Failure to supply all the information which is required by subdivisions a, b, c, and d of Section 57132. (b) Making any false statement or misrepresentation of fact to the director. (c) Fraud or deception in the application for or procurement of a license. (d) Any other conduct, whether of the same or a different character than the conduct which is specified in this section, which is unlawful. (e) Violation of any law or ordinance of the state or any city or county or the rules of the Federal Trade Commission which govern unfair trade practices in the handling of butter, cheese, or eggs. (Enacted by Stats. 1967, Ch. 15.)
  114. 57192.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Investigations, Hearings, and Suspension or Revocation of Licenses [57191 - 57193] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Proceedings under this section must follow a specified Government Code chapter, and the director has the powers granted in that 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Investigations, Hearings, and Suspension or Revocation of Licenses [57191 - 57193] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 57192. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and the director shall have all the powers which are granted in that chapter. (Enacted by Stats. 1967, Ch. 15.)
  115. 57193.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Investigations, Hearings, and Suspension or Revocation of Licenses [57191 - 57193] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If someone seeks judicial review of the director’s decision, that decision stays in effect while the review is pending unless the person files a court bond.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Investigations, Hearings, and Suspension or Revocation of Licenses [57191 - 57193] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 57193. If judicial review of the decision of the director is sought, the decision of the director shall remain in effect pending the determination of the review, unless the party that seeks the review files with the court a bond in a sum to be fixed by the court, in favor of the people and conditioned upon the faithful performance of all those things which are ordered to be done, or the faithful observance of such restraint as may be directed by the director. The bond shall be for the benefit of any person that has dealings with the person that seeks the review. (Amended by Stats. 1982, Ch. 517, Sec. 235.)
  116. 5721.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Standards of Cleanliness [5721 - 5723] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may make cleanliness standards for designated plants, appliances, or other things and may set rules for shipment certification and qualified counties or areas.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Standards of Cleanliness [5721 - 5723] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5721. If the director by regulation designates any plant, appliance, or other thing as liable to be infected or infested with any pest, and provides for notifying the commissioner of its arrival as required by Article 1 (commencing with Section 6501), Chapter 3, Part 2 of this division, he may include in the regulations standards of cleanliness for the plant, appliance, or other thing and provide for the certification by the commissioner of the county of origin of shipment that it conforms to the standards of cleanliness. The regulations may provide for the qualification of certain counties or certain areas where in the opinion of the director the standards of cleanliness are maintained in respect to all shipments of the designated plant, appliance, or thing. The regulations may also provide for shipments which originate in areas that are so qualified. (Enacted by Stats. 1967, Ch. 15.)
  117. 5722.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Standards of Cleanliness [5721 - 5723] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county commissioner at the shipment’s destination may waive notification and inspection-holding requirements if the shipment has a certificate of cleanliness or certificate of origin issued under this article.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Standards of Cleanliness [5721 - 5723] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5722. The commissioner of the county of destination may waive the notification and holding for inspection of any shipment which bears a certificate of cleanliness or certificate of origin, issued pursuant to this article. (Enacted by Stats. 1967, Ch. 15.)
  118. 57221.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Violations and Penalties [57221 - 57222] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Operating a dairy produce exchange without a license is a misdemeanor and triggers a $100 per day payment to 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Violations and Penalties [57221 - 57222] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 57221. Any person that operates a dairy produce exchange without a license is guilty of a misdemeanor and shall also pay to the state one hundred dollars ($100) for each and every day of such operation. Any money which is due the state pursuant to this section shall be recovered by an action at law brought by the Attorney General in the name of the people. (Enacted by Stats. 1967, Ch. 15.)
  119. 57222.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Violations and Penalties [57221 - 57222] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    A person commits a misdemeanor if they make a false statement when applying for a license or violate an authorized rule or decision of 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 9. Dairy Produce Exchanges [57101 - 57222] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Violations and Penalties [57221 - 57222] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 57222. Any person that makes any false statement in applying for a license or violates any rule or decision of the director which is authorized by this chapter is guilty of a misdemeanor. (Enacted by Stats. 1967, Ch. 15.)
  120. 5723.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Standards of Cleanliness [5721 - 5723] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article does not apply to seed intended for planting or to other nursery stock.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Standards of Cleanliness [5721 - 5723] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 5723. This article is not applicable to seed which is intended for planting purposes or to other nursery stock. (Enacted by Stats. 1967, Ch. 15.)
  121. 57301.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

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    Certain private produce inspectors must register with the commissioner, and the commissioner must keep and share a registry.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57301. The commissioner shall require any person, except a county, state, or federal inspection agency, who, for payment by a private party, reports upon the condition of lots of fresh fruits or vegetables offered for sale other than for processing to register with the commissioner. The commissioner shall maintain a registry of these persons which shows the name and business address, market or markets at which inspections are made, the products inspected, and additional matters that the commissioner requires. The commissioner shall forward this information to the director who shall maintain a central registry on a statewide basis. A produce inspector who is registered in one county where he or she does business may do business in any other county without registering in the other county if the commissioner in the other county is provided proof of registration. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  122. 57302.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

    Verify source ↗

    The board of supervisors may set a registration fee for this chapter, but only at an amount needed to cover the commissioner’s actual costs for that 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 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57302. The board of supervisors may, pursuant to this chapter, establish a registration fee in an amount necessary to cover the actual costs of the commissioner for that registration. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  123. 57303.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

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    Registered inspectors must keep copies of written inspection reports, prepare a written confirmation within 24 hours if a report was given orally, retain reports for at least 90 days, and provide them to the commissioner on 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 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57303. Each registered inspector shall maintain a copy of each written report of the date, lot description, volume, and condition of the commodity inspected. Condition shall include the grade or other criteria used to evaluate the product. If a report has been made orally, a written confirmation shall be prepared within 24 hours and retained in the same manner as a written report. Reports need not name the person to whom the advice was given, but the names shall be maintained so that they may be matched to the respective reports upon request of the commissioner. Reports shall be maintained for a period of not less than 90 days and shall be made available to the commissioner upon demand. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  124. 57304.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

    Verify source ↗

    If the commissioner or director gets a complaint from an interested party that a Section 57303 report is materially inaccurate, the commissioner may investigate and must give findings to all interested parties.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57304. If the commissioner or the director receives a complaint from an interested party that any report required to be kept by Section 57303 is materially inaccurate, the commissioner may investigate the matter and shall give a report of findings to all interested parties. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  125. 57305.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

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    The remedies or penalties in this chapter are cumulative, and they also add to any remedies or penalties available under other California laws.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57305. The remedies or penalties in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  126. 57306.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

    Verify source ↗

    If the commissioner finds a registered inspector repeatedly gave inaccurate information or failed to keep required records, the commissioner may cancel or suspend the registration after a hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57306. If the commissioner finds that a registered inspector has repeatedly given inaccurate information or failed to maintain required records, the commissioner may, after a hearing, cancel or suspend the registration. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  127. 57307.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

    Verify source ↗

    A person who violates this chapter can be liable for a civil penalty of up to $2,500 per 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 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57307. (a) Any person who violates this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General at the request of the director. Any funds recovered pursuant to this subdivision shall be deposited in the Department of Food and Agriculture Fund. (b) An action may also be brought pursuant to this section by the district attorney at the request of the commissioner in the county in which the offense occurred. Any funds recovered pursuant to this subdivision shall be deposited in the general fund of the county. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  128. 57308.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

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    A person may not act as a registered inspector unless currently registered by the commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57308. It is unlawful for any person to act as a registered inspector unless currently registered by the commissioner. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  129. 57309.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. )

    Verify source ↗

    A person must not misrepresent the quality of an inspected commodity and must make and keep the records required by the commissioner.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Private Produce Inspection [57301 - 57309] ( Chapter 10 added by Stats. 1985, Ch. 1039, Sec. 1. ) ## 57309. It is unlawful for any person to misrepresent the quality of any commodity inspected or to fail to make and maintain the records required by the commissioner. (Added by Stats. 1985, Ch. 1039, Sec. 1.)
  130. 57401.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    This section defines terms used in the Dairy Cattle Supply Lien 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 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57401. (a) The definitions in this section govern the construction of this chapter. (b) “Feed or materials” means commercial feed, grain, forage, feed ingredients, mineral feed, drugs, animal health products, customer-formula feed, any mixture or preparation for feeding animals, any of the constituent nutrients of an animal ration, or any other food which is used for the feeding of dairy cattle. (c) “Person obligated on any proceeds” means a handler, as defined in Section 61826, who is in possession of proceeds. (d) “Proceeds” means funds derived from the sale of milk or milk products which are payable to the lien debtor by the possessor of the funds, except for any of the following: (1) Deductions for taxes, fees, and assessments. (2) Funds due or owing milk processing cooperative associations organized and operating pursuant to Chapter 1 (commencing with Section 54001). (3) Funds retained by the cooperative association. (4) Deductions made pursuant to a court order. (5) Deductions due or owing the buyer of the milk for hauling services provided by the buyer pursuant to subdivision (e) of Section 62096 and deductions due or owing the buyer for the testing of milk for purposes of payment pursuant to Section 34231. (e) “Raising or maintaining of dairy cattle” means feeding, pasturing, caring for, and managing dairy cattle kept or raised for use or profit. (f) “Reasonable or agreed charges” means the agreed price, if any, for the feed and materials sold to the lien debtor, at the lien debtor’s request. If there is no agreed price or a method for determining price which is agreed upon, “reasonable or agreed charges” means the reasonable value of the feed or materials as of the date of delivery. (Amended by Stats. 2012, Ch. 309, Sec. 1. (SB 592) Effective January 1, 2013.)
  131. 57402.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    A feed or materials provider for dairy cattle may have a lien on milk or milk product proceeds for the charges and enforcement costs, subject to limits on amount and number of enforceable liens.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57402. A person who provides feed or materials to aid the raising or maintaining of dairy cattle or offspring therefrom has a lien upon the proceeds of the milk or milk products produced from the dairy cattle, for the reasonable or agreed charges for the feed or materials provided and for the costs of enforcing the lien. However, the amount of charges secured by the lien cannot exceed an amount equal to the reasonable or agreed charges for feed or material provided within a 60-day period, and only two providers of feed or materials shall have an enforceable lien at any time according to the priority set forth in Section 57406. Only one lien under this chapter per dairy producer is available per affiliated business supplier. (Amended by Stats. 2012, Ch. 309, Sec. 2. (SB 592) Effective January 1, 2013.)
  132. 57403.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    The chapter’s lien attaches to proceeds, and the notice of claim of lien stays in effect without a new notice if the feed or materials provider is still unpaid or keeps supplying feed or materials regularly.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57403. (a) The lien created pursuant to this chapter attaches to proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien shall be required in order to maintain the lien, as long as the person who provides feed or materials either (1) remains unpaid for amounts secured by the lien, or (2) continues to provide feed or materials on a regular basis to the lien debtor. For purposes of this section, providing feed or materials shall not be deemed to be made on a regular basis if a period of more than 30 days elapses between deliveries. (Added by Stats. 1987, Ch. 679, Sec. 1.)
  133. 57405.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

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    A person who provides feed or materials may file a notice of claim of lien, and the lien claimant must give written notice to specified persons within 10 days after filing. If the lien claimant receives a demand from the lien debtor, the claimant must send or file a termination statement within 20 days when the lien has terminated.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57405. The lien created by this chapter shall be perfected by the filing of a notice of claim of lien with the Secretary of State and service of the notice of claim of lien pursuant to subdivision (e). (a) The person who provides feed or materials may, at any time, file in the manner and at the place set forth in this section, the notice of claim of lien. (b) The notice of claim of lien shall, at a minimum, set forth all of the following information: (1) The name and address of the lien claimant. (2) The last known name and address of the lien debtor. (3) The location of the dairy to which the feed and materials were provided. (4) That the lien claimant has a dairy cattle supply lien pursuant to Section 57402. (c) The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant to Section 9521 of the Commercial Code. The standard form shall be completed with the following changes: (1) The lien claimant may be identified either as lien claimant or as secured party. (2) In the space for the description of the collateral there shall instead be entered the statement substantially as set forth in paragraphs (3) and (4) of subdivision (b). (d) The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed, indexed, and marked pursuant to Section 9519 of the Commercial Code. (e) (1) The lien claimant shall provide written notice of the claim of lien to the following persons within 10 days of the date of the filing with the office of the Secretary of State: (A) The lien debtor. (B) Any person from which the lien claimant has received, before the lien claimant files the notice, notification of a claim of an interest in the proceeds. (C) Any other secured party or lienholder that, 10 days before the filing of the notice, held a security interest in or other lien on the proceeds perfected by the filing of a financing statement that satisfied all of the following conditions: (i) The statement identified the proceeds by referring to all assets, all personal property, goods, farm products, milk, or milk products, or otherwise identified the proceeds by any other description sufficient pursuant to Section 9108 of the Commercial Code. (ii) The statement was indexed under the debtor’s name as of that date. (iii) The statement was filed against the debtor covering the proceeds as of that date and was filed in the office or offices in which a financing statement may be filed pursuant to Section 9501 of the Commercial Code. (D) Any other secured party that, 10 days before the filing of the notice, held a security interest in the proceeds perfected by compliance with a statute, regulation, or treaty described in subdivision (a) of Section 9311 of the Commercial Code. (2) If the lien debtor is an entity, notice shall be given to the lien debtor’s registered agent for service of process. If the lien debtor is an individual or general partnership, the notice shall be given at any address at which the individual conducts business. (3) Any notice to be given to a person pursuant to subparagraph (B) of paragraph (1) shall be given to that person at the address set forth in the notification of claim of interest given by that person or, if no address is set forth, to the person’s registered agent for service of process if the person is an entity or at any address at which the person does business if the person is an individual or general partnership. (4) Notice given to a secured party pursuant to subparagraph (C) of paragraph (1) shall be given to the secured party at the address set forth in the financing statement on file for the secured party. (5) Notice to be given to a secured party pursuant to subparagraph (D) of paragraph (1) shall be given to the secured party at the address set forth in the document creating the perfection and compliance or, if no address is set forth, to the secured party’s registered agent for service of process if the secured party is an entity or at an address at which the secured party does business if the secured party is an individual or general partnership. (f) For the purpose of the Secretary of State’s index pursuant to Sections 9515, 9516, and 9522 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9519 or 9528 of the Commercial Code, the Secretary of State shall identify a notice pursuant to this section as a financing statement. (g) Within 20 days after a lien claimant receives a demand from a lien debtor, the lien claimant shall send to the lien debtor a termination statement for the notice of claim of lien or file the termination statement in the office of the Secretary of State, if the lien perfected by the notice of claim of lien has terminated pursuant to the provisions of Section 57403. Upon the filing of a termination statement with the office of the Secretary of State, the notice of claim of lien to which the termination statement relates ceases to be effective. (Amended by Stats. 2012, Ch. 309, Sec. 3. (SB 592) Effective January 1, 2013.)
  134. 57406.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    This section says priority disputes involving conflicting interests, agricultural liens, and the lien created here are governed by Section 9322 of the Commercial Code.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57406. The priority of conflicting interests, agricultural liens, and the agricultural lien created under this chapter shall be governed by subdivisions (a) to (f), inclusive, of Section 9322 of the Commercial Code. (Repealed and added by Stats. 2012, Ch. 309, Sec. 5. (SB 592) Effective January 1, 2013.)
  135. 57407.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    The lien created by this chapter is subject to Division 9 of the Commercial Code, except where this chapter specifically provides 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 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57407. Except to the extent specifically set forth in this chapter, the lien created by this chapter shall be subject to Division 9 (commencing with Section 9101) of the Commercial Code. (Added by Stats. 1987, Ch. 679, Sec. 1.)
  136. 57408.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    A member of the public may obtain a certificate about whether a lien and related notice of claim are on file; the fee matches the fee for a certificate under Commercial Code Section 9525.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57408. A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if so, giving the date and time of filing of each notice, and the names and addresses of each lienholder therein. The fee for the certificate is the same as the fee for a certificate issued pursuant to Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 43.4. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  137. 57409.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    A member of the public may get a copy of any notice of claim of lien filed under this chapter. The copy fee is the same as the fee set by Commercial Code Section 9525.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57409. A member of the public may obtain a copy of any notice of claim of lien filed pursuant to this chapter, including notices affecting the notices. The fee for these copies shall be the same as that prescribed in Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 43.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  138. 5741.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may publish a list of pests that can be carried through appliances and designate treatments to prevent their spread.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5741. To prevent the dissemination of pests through the agency of appliances, the director may from time to time publish a list of such pests which may be carried through such agencies and designate any treatment which in his opinion would prevent their dissemination. (Enacted by Stats. 1967, Ch. 15.)
  139. 57410.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    The Secretary of State may adopt regulations needed to carry out duties under this chapter, including forms.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57410. The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms. (Added by Stats. 1987, Ch. 679, Sec. 1.)
  140. 57411.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    A lienholder may assign or transfer a lien created under this chapter, and must file a statement of assignment or transfer with the Secretary of 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 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57411. A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. A lienholder’s statement of assignment or transfer shall be filed with the Secretary of State in the same manner as a secured party’s statement of assignment or transfer as prescribed in Section 9514 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 43.6. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  141. 57413.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    After a payment default, the lien claimant may foreclose and notify payors on lien proceeds, but cannot demand payment or performance until 15 days after notice.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57413. (a) After payment default by the lien debtor, the lien claimant may foreclose on a lien created by this chapter in the following manners: (1) The lien claimant may foreclose in an action to recover the reasonable or agreed charges for feed and materials delivered. In such an action, the final judgment may be enforced pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (2) Provided that the lien claimant provides concurrent notice to the lien debtor and the parties set forth in subdivision (e) of Section 57405, the lien claimant may notify any person obligated on any proceeds subject to the lien created under this chapter to make payment to, or otherwise render performance to or for the benefit of, the lien claimant, provided that the lien claimant may not demand that payment or performance be made at any time prior to 15 calendar days following the date of notice. (3) The lien claimant may enforce the obligations of any person obligated on any proceeds subject to the lien created under this chapter and exercise the rights of the lien debtor with respect to the proceeds and any property that secures the right to the proceeds subject to the lien created under this chapter. (b) A lien claimant that receives proceeds pursuant to a notice provided pursuant to paragraph (2) of subdivision (a) shall account to, and pay the lien debtor for, any surplus, and the lien debtor shall be liable for any deficiency. (c) Nothing in this chapter shall prohibit a lien claimant from applying pursuant to Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure for a right to attach order and a writ of attachment, or temporary protective order, by filing an application for the order, writ, or temporary protective order with the court in which the action is brought. (d) Notwithstanding the receipt of a notice pursuant to paragraph (2) of subdivision (a), a person obligated on any proceeds subject to a lien created under this chapter shall have no liability to a lien claimant for failure to comply with that notice to the extent that the person obligated on the proceeds pays the proceeds subject to the notice as follows: (1) To a person holding a lien or security interest that is prior to the lien of the lien claimant issuing the notice. (2) In satisfaction of a contractual assignment or valid notice provided pursuant to Section 9607 of the Commercial Code has been received from the person obligated on the proceeds prior to the receipt of the notice pursuant to paragraph (2) of subdivision (a). (e) A person obligated on any proceeds subject to the lien created under this chapter and who makes payment pursuant to the notice required by paragraph (2) of subdivision (a) shall not be deemed, to the extent of that payment, to be in violation of the applicable provisions of law relating to failure to pay the amounts to the lien debtor and shall not be deemed to have engaged in an unlawful trade practice. (f) A lien debtor may secure a release of a lien created under this chapter by doing one of the following: (1) Paying the amount secured by the lien. (2) Depositing with the Secretary of Food and Agriculture a surety bond that is executed by the lien debtor as principal and by a surety company that is qualified and authorized to do business in this state as a surety in an amount that equals the current amount secured by the lien. If the lien debtor fails to pay the claims, up to the amount of the bond, of the lien claimant within 35 days after entry of final judgment in favor of the lien claimant, the surety shall pay all lawful claims that are covered by the amount of the lien, up to the amount of the bond, if an action is filed on the bond. (Amended by Stats. 2012, Ch. 309, Sec. 7. (SB 592) Effective January 1, 2013.)
  142. 57414.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. )

    Verify source ↗

    This section requires a lien claimant to send a termination statement to the debtor on written demand after payment and a 30-day period without providing feed or materials, and it requires the filing officer to mark and index termination statements.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Dairy Cattle Supply Lien [57401 - 57414] ( Chapter 11 added by Stats. 1987, Ch. 679, Sec. 1. ) ## 57414. (a) When a lien claimant receives payment for amounts secured by the lien and the lien claimant has not been providing feed or materials for a period of 30 consecutive days, the lien claimant shall, on written demand by the debtor, send the debtor a statement that he or she no longer claims a security interest under the statement, which shall be identified by date, names of parties thereto, and file number. If the affected lienholder of record fails to send such a termination statement within 10 days after proper demand therefor, he or she shall be liable to the debtor for all actual damages suffered by the debtor by reason of this failure, and, if the failure is in bad faith, for a penalty of one hundred dollars ($100). (b) The filing officer shall mark each termination statement with the date and time of filing and shall index the statement under the name of the debtor and under the file number of the original lien. If the filing officer has a microfilm or other photographic record of the lien and related filings, he or she may remove the originals from the files at any time after receipt of the termination statement and destroy them, or if he or she does not have the record, he or she may remove them from those files at any time after one year after receipt of the termination statement and destroy them. (Added by Stats. 1987, Ch. 679, Sec. 1.)
  143. 5742.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not ship or move used appliances unless required proof is given to the county commissioner destination or the appliances were recently treated as designated by the director, subject to Section 5744.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5742. Except as otherwise provided in Section 5744, it is unlawful for any person to ship or move any used appliances unless there is furnished to the commissioner of the county of destination such proof as he may require that the appliances either: (a) Have not been exposed to infestation or infection by any pests. (b) Have been treated immediately prior to shipment or movement in the manner which is designated by the director. (Enacted by Stats. 1967, Ch. 15.)
  144. 5743.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county destination commissioner must refuse entry of used appliances until the proof required by Section 5742 is provided.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5743. The commissioner of the county of destination shall refuse entry of the used appliances until the proof required in Section 5742 is furnished. (Enacted by Stats. 1967, Ch. 15.)
  145. 5744.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Used appliances may be moved to a commissioner-designated place for treatment under the commissioner’s supervision.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Prevention of Pest Dissemination by Movement of Appliances [5741 - 5744] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 5744. The used appliances may be moved to a place which is designated by the commissioner for treatment under his supervision. (Enacted by Stats. 1967, Ch. 15.)
  146. 57501.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    This section defines “Eggs or egg” as eggs or egg products defined elsewhere in the code.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57501. “Eggs or egg” means eggs or egg products as defined in Section 27512, 27513, or 27514. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  147. 57502.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    This section defines “feed or materials” for 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57502. “Feed or materials” means commercial feed, grain, forage, feed ingredients, mineral feed, drugs, poultry or fish health products, customer-formula feed, any mixture or preparation for feeding poultry or fish, any of the constituent nutrients of a poultry or fish ration, or any other food which is used for the feeding of poultry or fish. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  148. 57503.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    This section defines “fowl” as chickens, turkeys, ducks, geese, and other domesticated birds.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57503. “Fowl” means chickens, turkeys, ducks, geese, and other domesticated birds. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  149. 57504.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    “Poultry” includes domesticated fowl and domesticated rabbit intended for human food.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57504. “Poultry” means domesticated fowl and domesticated rabbit which is intended for use for human food. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  150. 57505.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    This section defines “proceeds” as money from sales of eggs, poultry, fish, or similar products that is payable to the lien debtor, and excludes several listed deductions and retained funds.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57505. “Proceeds” means funds derived from the sale of eggs, poultry, fish, or other products derived from eggs, poultry, or fish payable to the lien debtor. “Proceeds” do not include any of the following: (a) Deductions for taxes, fees, and assessments. (b) Funds due or owing egg or poultry processing cooperative associations organized and operating pursuant to Chapter 1 (commencing with Section 54001). (c) Funds retained by the cooperative association. (d) Deductions made pursuant to a court order. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  151. 57506.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    This section defines “raising or maintaining of poultry or fish” as feeding, housing, caring for, and managing poultry or fish kept or raised for use or profit.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57506. “Raising or maintaining of poultry or fish” means feeding, housing, caring for, and managing poultry or fish kept or raised for use or profit. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  152. 57507.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    This section defines “reasonable or agreed charges” for feed and materials sold to a lien debtor.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 1. Definitions [57501 - 57507] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57507. “Reasonable or agreed charges” means the agreed price, if any, for the feed and materials sold to the lien debtor, at the lien debtor’s request. If there is no agreed price or a method for determining price which is agreed upon, “reasonable or agreed charges” means the reasonable value of the feed or materials as of the date of delivery. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  153. 57510.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A person who supplies feed or materials for raising or maintaining poultry or fish, or for producing eggs, gets a lien on sale proceeds for the agreed or reasonable charges and 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57510. A person who provides feed or materials to aid the raising or maintaining of poultry or fish or for the production of eggs has a lien upon the proceeds of the sale of the eggs, poultry, fish, or other products derived from eggs, poultry, or fish, for the reasonable or agreed charges for the feed or materials provided, and for the costs of enforcing the lien. However, the amount of charges secured by the lien shall not exceed an amount equal to the reasonable or agreed charges for feed or material provided within a 45-day period, and only two providers of feed or materials shall have an enforceable lien at any time according to the priority set forth in Section 57525. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  154. 57511.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    The lien created under this chapter attaches to the proceeds, and the notice of claim of lien stays in effect unless 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57511. (a) The lien created pursuant to this chapter attaches to the proceeds. (b) Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien shall be required in order to maintain the lien, as long as the person who provides feed or materials either (1) remains unpaid for amounts secured by the lien, or (2) continues to provide feed or materials on a regular basis to the lien debtor. For purposes of this section, providing feed or materials shall not be deemed to be made on a regular basis if a period of more than 30 days elapses between deliveries. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  155. 57512.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    The lien created by this chapter becomes perfected and effective when a notice of claim of lien is filed with the Secretary of State under 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57512. The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to this article. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  156. 57513.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A person who provides feed or materials may file a notice of claim of lien at any time, following the manner and place set out 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57513. Any person who provides feed or materials may, at any time, file in the manner and at the place set forth in this article, the notice of claim of lien. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  157. 57514.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A notice of claim of lien must include the lien claimant’s name and address, the lien debtor’s name and address, the property location, and a statement that the claimant has a poultry or fish supply lien under Section 57510.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57514. The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien debtor. (c) The location of the property to which the feed and materials were delivered. (d) That the lien claimant has a poultry or fish supply lien pursuant to Section 57510. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  158. 57515.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A notice of claim of lien must be signed by the lien claimant or by someone authorized to sign similar documents for the claimant.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57515. The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  159. 57516.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A notice of claim of lien must be filed on the Secretary of State’s standard financing-statement form, with specified changes.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57516. The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant to Section 9521 of the Commercial Code. The standard form shall be completed with the following changes: (a) The lien claimant may be identified either as a lien claimant or as a secured party. (b) The form shall be signed by the lien claimant and need not be signed by the lien debtor. (c) In the space for the description of the collateral there shall instead be entered the information specified in subdivisions (c) and (d) of Section 57514. (Amended by Stats. 1999, Ch. 991, Sec. 43.7. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  160. 57517.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A notice of claim of lien must be filed, indexed, and marked in the office of the Secretary of State in the same way as a financing statement under Commercial Code Section 9519.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57517. The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed, indexed, and marked pursuant to Section 9519 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 43.8. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  161. 57518.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    The lien claimant must give the lien debtor written notice of the lien claim within 10 days after filing with the Secretary of 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57518. The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing with the office of the Secretary of State. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  162. 57519.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    The Secretary of State must treat a notice under this article as a financing statement for indexing and certificate issuance 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 2. Poultry and Fish Supply Lien [57510 - 57519] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57519. For the purpose of the Secretary of State’s index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9519 or 9528 of the Commercial Code, the Secretary of State shall identify a notice pursuant to this article as a financing statement. (Amended by Stats. 1999, Ch. 991, Sec. 43.9. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  163. 57525.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 3. Priority of Liens [57525- 57525.] ( Article 3 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A lien created by this chapter has priority based on when the notice of claim of lien is filed.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 3. Priority of Liens [57525- 57525.] ( Article 3 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57525. (a) The lien created by this chapter shall have the priority in accordance with the time the notice of claim of lien is filed. (b) The lien created by this chapter shall have the same priority as a security interest perfected by the filing of a financing statement as of the date the notice of claim of lien was filed. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  164. 57530.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 4. Information Concerning Lien [57530 - 57531] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A member of the public may obtain a certificate about whether a lien is on file for a named debtor.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 4. Information Concerning Lien [57530 - 57531] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57530. A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if so, giving the date and time of filing of each notice, and the names and addresses of each lienholder therein. The fee for the certificate is the same as the fee for a certificate issued pursuant to Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  165. 57531.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 4. Information Concerning Lien [57530 - 57531] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A member of the public may obtain copies of lien-claim notices filed under this chapter, and the copy fee must match Commercial Code Section 9525.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 4. Information Concerning Lien [57530 - 57531] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57531. A member of the public may obtain a copy of any notice of claim of lien filed pursuant to this chapter, including notices affecting the notices. The fee for these copies shall be the same as that prescribed in Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  166. 57535.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 5. Enforcement of Lien [57535 - 57537] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A lien claimant must give secured creditors written notice at least 30 days before enforcing a claim of 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 5. Enforcement of Lien [57535 - 57537] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57535. The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For the purposes of this section, “secured creditors” means those creditors having a perfected security interest in poultry, eggs, poultry products, fish, fish products, or the proceeds thereof, as of the date the notice of claim of lien is filed with the Secretary of State. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  167. 57536.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 5. Enforcement of Lien [57535 - 57537] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A lien claimant may foreclose this lien only in an action to recover reasonable or agreed charges for feed and materials 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 5. Enforcement of Lien [57535 - 57537] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57536. The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges for feed and materials provided. The final judgment shall be enforced pursuant to Title 9 (commencing with Section 680.010) of the Code of Civil Procedure. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  168. 57537.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 5. Enforcement of Lien [57535 - 57537] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A lien claimant must send a termination statement to the debtor after payment and a 30-day feed/materials lapse if the debtor makes written demand; the filing officer must date, index, and may later destroy originals of the termination statement under stated conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 5. Enforcement of Lien [57535 - 57537] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57537. (a) When a lien claimant receives payment for the total amounts secured by the lien and the lien claimant has not provided feed for materials for a period of 30 consecutive days, the lien claimant shall, on written demand by the debtor, send the debtor a statement that he or she no longer claims a security interest under the statement, which shall be identified by the date, names of parties thereto, and file number. If the affected lienholder of record fails to send the termination statement within 10 days after proper demand therefor, he or she is liable to the debtor for actual damages suffered by the debtor by reason of this failure, and, if the failure is in bad faith, for a penalty of one hundred dollars ($100). (b) The filing officer shall mark each termination statement with the date and time of filing and shall index the statement under the name of the lien debtor and under the file number of the original lien. If the filing officer has a microfilm or other photographic record of the lien and related filings, he or she may remove and destroy the originals from the files at any time after receipt of the termination statement. If the filing officer does not have the record, he or she may remove and destroy the originals from the files at any time after one year after receipt of the termination statement. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  169. 57540.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 6. Assignment of Lien [57540 - 57541] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    A lienholder may assign or transfer a lien created under this chapter, and must file a statement of assignment or transfer with the Secretary of 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 6. Assignment of Lien [57540 - 57541] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57540. A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. The lienholder shall file a statement of assignment or transfer with the Secretary of State in the same manner as a secured party’s statement of assignment or transfer as prescribed in Section 9514 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44.2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  170. 57541.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 6. Assignment of Lien [57540 - 57541] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    The lien created by this chapter is generally governed by Division 9 of the Commercial Code, except where this chapter specifically 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 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 6. Assignment of Lien [57540 - 57541] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57541. Except to the extent specifically set forth in this chapter, the lien created by this chapter is subject to Division 9 (commencing with Section 9101) of the Commercial Code. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  171. 57545.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 7. Miscellaneous [57545- 57545.] ( Article 7 added by Stats. 1990, Ch. 1502, Sec. 1. )

    Verify source ↗

    The Secretary of State may adopt regulations needed to carry out duties under this chapter, including forms.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Poultry and Fish Supply Lien [57501 - 57545] ( Chapter 12 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## ARTICLE 7. Miscellaneous [57545- 57545.] ( Article 7 added by Stats. 1990, Ch. 1502, Sec. 1. ) ## 57545. The Secretary of State may adopt any regulations necessary to carry our his or her duties pursuant to this chapter, including prescribing necessary forms. (Added by Stats. 1990, Ch. 1502, Sec. 1.)
  172. 57551.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    This section defines “agricultural chemical” for 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57551. “Agricultural chemical” means fertilizers, fertilizer material, lime, chemical compounds, pesticides, pesticide chemicals, plant regulators, plant amendments, plant food, soil amendments, herbicides, fungicides, and agricultural chemicals that are applied to crops or to land that is used for the raising of crops. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  173. 57552.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    This section defines “agricultural seed.”

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57552. “Agricultural seed” means the seed of any domesticated grass or cereal, of any vegetable, flower, or propagated plant, and of any legume or other plant which is grown as turf, cover crop, forage crop, fiber crop, or field crop, and mixtures of the seed. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  174. 57553.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    “Labor” is defined as labor or service performed in the application, delivery, or preparation of an agricultural chemical or agricultural seed supplied by the seller.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57553. “Labor” means labor or service performed in the application, delivery, or preparation of an agricultural chemical or agricultural seed provided by the seller of the agricultural chemical or agricultural seed. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  175. 57554.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    This section defines “proceeds” as funds the lien debtor receives from selling the crop, with several exclusions.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57554. “Proceeds” means funds received by the lien debtor from the sale of the crop on which the agricultural chemical was applied or for which the agricultural seed was used. “Proceeds” do not include any of the following: (a) Deductions for taxes, fees, and assessments. (b) Funds due or owing to a cooperative association organized and operating pursuant to Chapter 1 (commencing with Section 54001). (c) Funds retained by the cooperative association. (d) Deductions made pursuant to a court order. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  176. 57555.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    This section defines “reasonable or agreed charges” for agricultural chemicals or seeds and related labor.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 1. Definitions [57551 - 57555] ( Article 1 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57555. “Reasonable or agreed charges” means the agreed price, if any, for agricultural chemicals or agricultural seeds sold to the lien debtor, at the lien debtor’s request, and for labor. If there is no agreed price or a method for determining price which is agreed upon, “reasonable or agreed charges” means the reasonable value of the agricultural chemicals and labor or agricultural seeds and labor as of the date of application, delivery, or preparation. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  177. 57561.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A supplier of agricultural chemicals or seed cannot establish a lien under this chapter unless it first sends the debtor a certified-mail notice with the required details.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57561. (a) A person who provides agricultural chemical or agricultural seed is not entitled to establish a lien pursuant to this chapter, unless that person has first sent to the lien debtor a written notice, by certified mail, which states all of the following: (1) The payment of the reasonable or agreed charges is more than 30 days overdue. This requirement does not apply to deliveries of agricultural chemicals and seed and related labor that are made subsequent to deliveries which are overdue. (2) The amount of reasonable or agreed charges that are overdue. (3) The lien debtor has the following three alternatives: (A) Allow the lien to be filed. (B) Enter into a consensual security interest in the proceeds, pursuant to the Commercial Code. (C) Pay the reasonable or agreed charges that are overdue. (4) In 10-point type or bolder, notify the lien debtor that he or she has 10 days from receipt of the notice to select an alternative, notify the lien claimant of the alternative selected, and satisfy all the requirements of the selected alternative, and that the lien claimant may file the notice of claim of lien pursuant to this chapter at any time thereafter if the lien debtor does not comply with the requirements of this section. (b) A person who provides agricultural chemical or agricultural seed, and has complied with subdivision (a), has a lien upon the proceeds of the crop for the reasonable or agreed charges and for the costs of enforcing the lien. (c) The lien established pursuant to this chapter attaches to the proceeds of the following: (1) The crops that existed at the time of application upon the land where the agricultural chemical was applied. (2) If crops are not planted, the next production crop on that land following the last date on which the agricultural chemical was applied. (3) The crops produced from the agricultural seed. (d) The amount of charges secured by the lien shall not exceed an amount equal to the reasonable or agreed charges for agricultural chemicals furnished within a 60-day period and for agricultural seeds furnished within a 45-day period. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  178. 57562.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A notice of claim of lien stays in effect, and no new notice is required to keep the lien, while the covered provider remains unpaid or keeps supplying the covered chemicals and labor regularly.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57562. Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien shall be required in order to maintain the lien, as long as the person who provides the agricultural chemicals and labor or agricultural seeds and labor either (1) remains unpaid for the amounts secured by the lien; or (2) continues to provide agricultural chemicals and labor or agricultural seeds and labor on a regular basis to the lien debtor. For purposes of this section, providing agricultural chemicals and labor or agricultural seeds and labor shall not be deemed to be made on a regular basis if a period of more than 45 days elapses between applications, deliveries, or preparations. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  179. 57563.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A lien created by this chapter becomes perfected and effective when a notice of claim of lien is filed with the Secretary of State under 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57563. The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to this article. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  180. 57564.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A provider of agricultural chemicals or seeds may file a notice of claim of lien in the manner and place set by Section 57568. Filing is not allowed for certain crop proceeds liens while a related dispute investigation or settlement is pending.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57564. Any person who provides agricultural chemicals or agricultural seeds may file in the manner and at the place set forth in Section 57568, the notice of claim of lien. The lien claimant may not file a notice of claim of lien upon the proceeds of crops for agricultural seeds and labor furnished by the lien claimant if an investigation of a dispute between the lien claimant and the lien debtor is pending pursuant to subdivision (g) of Section 52332. The lien claimant may not file a notice of claim of lien upon the proceeds of crops for agricultural chemicals and labor furnished by the lien claimant, if the settlement of a dispute between the lien claimant and the lien debtor is pending, or has not been resolved pursuant to Section 57564.5. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  181. 57564.5.

    ## 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    The director must establish by regulation how disputes are settled, and each party to the dispute must share the department’s reasonable 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57564.5. (a) The director shall, by regulation, establish methods and procedures for the settlement of a dispute between a lien claimant supplying agricultural chemicals and labor and a lien debtor, including, but not limited to, the following: (1) Time requirements for submitting the dispute to the department. (2) Time requirements within which a notice of the dispute shall be submitted to each party. (3) A process for evaluating the dispute. (b) Each party to the dispute is equally liable for the reasonable costs incurred by the department in carrying out this section. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  182. 57565.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A notice of claim of lien must include specified information about the claimant, debtor, property, overdue charges, prior notice, and 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57565. The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien debtor. (c) The location of the property to which the agricultural chemicals and labor or agricultural seeds and labor were provided. (d) A statement that the payment of the reasonable or agreed charges is more than 30 days overdue. (e) The amount of the reasonable or agreed charges that are overdue. (f) A statement, signed under penalty of perjury, that the lien claimant sent to the lien debtor the notice required pursuant to subdivision (a) of Section 57561, that more than 10 days have elapsed since the notice was received by the lien debtor, and that the lien debtor has not complied with the requirements of subdivision (a) of Section 57561. (g) That the lien claimant has an agricultural chemical and agricultural seed lien pursuant to Section 57561. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  183. 57566.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A notice of claim of lien must be signed by the lien claimant or by someone authorized to sign similar documents for the claimant.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57566. The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  184. 57567.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A lien claimant must file a notice of claim of lien on the prescribed financing statement form, and the form must include specific changes and attachments.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57567. The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant to Sections 9515, 9516, and 9522 of the Commercial Code. The standard form shall be completed with the following changes: (a) The lien claimant may be identified either as a lien claimant or as a secured party. (b) The form shall be signed by the lien claimant and need not be signed by the lien debtor. (c) In the space for the description of the collateral there shall instead be entered the information specified in subdivisions (c) to (g), inclusive, of Section 57565. (d) Attached to the form shall be a separately signed statement containing the information specified in subdivision (f) of Section 57565. (Amended by Stats. 1999, Ch. 991, Sec. 44.3. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  185. 57568.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A notice of claim of lien must be filed, indexed, and marked in the office of the Secretary of State, following the same process used for a financing statement under Commercial Code Section 9519.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57568. The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed, indexed, and marked pursuant to Section 9519 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44.4. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  186. 57569.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    The lien claimant must give the lien debtor written notice of the claim of lien within 10 days after filing with the Secretary of 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57569. The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing with the office of the Secretary of State. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  187. 57570.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    The Secretary of State must treat a notice under this article as a financing statement for certain indexing and certificate 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 2. Agricultural Chemical and Seed Lien [57561 - 57570] ( Article 2 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57570. For the purpose of the Secretary of State’s index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9519 or 9528 of the Commercial Code, the Secretary of State shall identify a notice pursuant to this article as a financing statement. (Amended by Stats. 1999, Ch. 991, Sec. 44.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  188. 57575.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 3. Priority of Lien [57575- 57575.] ( Article 3 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    This section sets the priority of the agricultural chemical and seed lien by the date the notice of claim of lien is filed, gives it the same priority as a financing-statement-perfected security interest as of that filing date, and excepts certain labor claims.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 3. Priority of Lien [57575- 57575.] ( Article 3 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57575. (a) The lien created pursuant to this chapter shall have the priority in accordance with the time the notice of claim of lien is filed. (b) The lien created pursuant to this chapter shall have the same priority as a security interest perfected by the filing of a financing statement as of the date the notice of claim of lien was filed. (c) The lien created pursuant to this chapter shall not have priority over labor claims for wages and salaries for personal services which are provided by any employee to any lien debtor in connection with the production of agricultural products, the proceeds of which are subject to the lien. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  189. 57581.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 4. Information Concerning Lien [57581 - 57582] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    A member of the public may obtain a certificate about whether a lien or notice of claim of lien is on file, including filing date and time and lienholder names and addresses.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 4. Information Concerning Lien [57581 - 57582] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57581. A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if so, giving the date and time of filing of each notice, and the names and addresses of each lienholder in the certificate. The fee for the certificate is the same as the fee for a certificate issued pursuant to Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44.6. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  190. 57582.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 4. Information Concerning Lien [57581 - 57582] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 2. )

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    A member of the public may get copies of filed agricultural chemical or seed lien notices, and the copy fee must match the fee set in Commercial Code Section 9525.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 4. Information Concerning Lien [57581 - 57582] ( Article 4 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57582. A member of the public may obtain a copy of any notice of an agricultural chemical or seed lien filed, including notices affecting the notices. The fee for these copies shall be the same as that prescribed in Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44.7. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  191. 57585.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 5. Enforcement of Lien [57585 - 57587] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 2. )

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    A lien claimant must give written notice to secured creditors at least 30 days before enforcing a claim of 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 5. Enforcement of Lien [57585 - 57587] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57585. The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For purposes of this section, “secured creditors” means any entity named as a secured party in a financing statement filed with regard to the debtor and which covers crops subject to the lien, crops growing or grown on the land, or the next production crops to be grown on the land if the crops are not planted, where the agricultural chemical or agricultural seed was provided or applied, farm products, or accounts. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  192. 57586.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 5. Enforcement of Lien [57585 - 57587] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 2. )

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    A lien claimant may foreclose a lien created by this chapter only in an action to recover the reasonable or agreed charges, and the final judgment must be enforced under Title 9 of the Code of Civil Procedure.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 5. Enforcement of Lien [57585 - 57587] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57586. The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final judgment shall be enforced pursuant to Title 9 (commencing with Section 680.010) of the Code of Civil Procedure. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  193. 57587.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 5. Enforcement of Lien [57585 - 57587] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 2. )

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    If a lien claimant gets paid in full and has not supplied agricultural chemicals or seeds for 45 consecutive days, the claimant must send the debtor a statement ending the lien claim. The filing officer must date, time-stamp, and index each termination statement, and may later destroy originals in specified circumstances.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 5. Enforcement of Lien [57585 - 57587] ( Article 5 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57587. (a) When a lien claimant receives payment for the total amounts secured by the lien and the lien claimant has not furnished agricultural chemicals or seeds for a period of 45 consecutive days, the lien claimant shall send the lien debtor a statement that he or she no longer claims a security interest under the notice of claim of lien, which shall be identified by the date, names of parties thereto, and file number. If the affected lienholder of record fails to send the termination statement within 10 days, he or she is liable to the debtor for all actual damages suffered by the debtor by reason of this failure, and if the failure is in bad faith, for a penalty of one hundred dollars ($100). (b) The filing officer shall mark each termination statement with the date and time of filing and shall index the statement under the name of the lien debtor and under the file number of the original lien. If the filing officer has a microfilm or other photographic record of the lien and related filings, he or she may remove and destroy the originals from the files at any time after receipt of the termination statement. If the filing officer does not have the record, he or she may remove and destroy the originals from the files at any time after one year after receipt of the termination statement. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  194. 57590.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 6. Assignment of Lien [57590 - 57591] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 2. )

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    A lien under this chapter may be assigned or transferred by its holder, and the lienholder must file an assignment or transfer statement with the Secretary of 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 6. Assignment of Lien [57590 - 57591] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57590. (a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. (b) The lienholder shall file a statement of assignment or transfer with the office of the Secretary of State in the same manner that a statement is filed pursuant to Section 9514 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 44.8. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  195. 57591.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 6. Assignment of Lien [57590 - 57591] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 2. )

    Verify source ↗

    This lien is generally subject to Division 9 of the Commercial Code, except where this chapter specifically 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 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 6. Assignment of Lien [57590 - 57591] ( Article 6 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57591. Except to the extent specifically set forth in this chapter, the lien created by this chapter is subject to Division 9 (commencing with Section 9101) of the Commercial Code. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  196. 57595.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 7. Miscellaneous [57595- 57595.] ( Article 7 added by Stats. 1990, Ch. 1502, Sec. 2. )

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    The Secretary of State may adopt regulations needed to carry out duties under this chapter, including forms.

    ## Food and Agricultural Code - FAC ## DIVISION 20. PROCESSORS, STORERS, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS [54001 - 57700] ( Division 20 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Agricultural Chemical and Seed Lien [57551 - 57595] ( Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## ARTICLE 7. Miscellaneous [57595- 57595.] ( Article 7 added by Stats. 1990, Ch. 1502, Sec. 2. ) ## 57595. The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms. (Added by Stats. 1990, Ch. 1502, Sec. 2.)
  197. 576.

    ## 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 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. )

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    This article may be cited as the University of California Pest Research Act of 1990.

    ## 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 9. University of California Center for Pest Research [576 - 585] ( Article 9 added by Stats. 1990, Ch. 1642, Sec. 1. ) ## 576. This article shall be known and may be cited as the University of California Pest Research Act of 1990. (Added by Stats. 1990, Ch. 1642, Sec. 1.)
  198. 5761.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    Regulations adopted under the cited article may declare part of the state an eradication area and set its boundaries, pests, hosts, and control methods.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5761. The regulations which are adopted pursuant to Article 2 (commencing with Section 5321) of Chapter 5, Part 1 of this division may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. (Enacted by Stats. 1967, Ch. 15.)
  199. 5762.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    Pests and related items in a proclaimed eradication area are treated as public nuisances and are subject to nuisance-abatement laws and remedies.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5762. Any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. (Enacted by Stats. 1967, Ch. 15.)
  200. 5763.

    ## 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 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director, or the commissioner acting under the director’s supervision, may summarily disinfect or otherwise deal with a public nuisance, including by removing or destroying it, if he thinks that is necessary.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Special Quarantine, Control, and Abatement Methods [5701 - 5852] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Eradication Areas [5761 - 5764] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 5763. The director, or the commissioner acting under the supervision and direction of the director, in a summary manner, may disinfect or take such other action, including removal or destruction, with reference to any such public nuisance, which he thinks is necessary. (Amended by Stats. 1967, Ch. 25.)

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