Food and Agricultural Code — Part 28 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 28 of 48 · provisions 5,401–5,600

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

Jurisdiction
United States — California
Instrument
Code
Citation
FAC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
Agricultural commissions Agricultural marketing Agricultural product transport Appointments Bee management Board membership terms California Forest Products Commission California cherries Carcasses and hides Claims processing Consumer definition Corporate governance County agricultural administration Dairy products Deadlines Definitions Distribution to peddlers District funds and assessments Documentation EBT acceptance systems Egg products Eggs and egg products Enforcement Fees +7,276 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 6047.115.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The notice of hearing must state that a petition to dissolve the district was filed, where the petition can be inspected, when and where the hearing will occur, and that protests will be considered at the hearing.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.115. The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That the petition is available for inspection at the offices of the board of supervisors. (c) The time and place for the hearing. (d) That at the hearing protests against the dissolution of the district shall be considered by the board of supervisors. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  2. 6047.116.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Notice of the hearing must be published in a newspaper of general circulation that is published and circulated in the district.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.116. Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  3. 6047.117.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The notice must be published once a week for two consecutive weeks before the hearing date.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.117. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  4. 6047.118.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    If the board of supervisors does not find a compelling reason to override the owners’ petition at the hearing, it must dissolve the district by resolution.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.118. If, at the hearing, a majority of the board of supervisors does not find a compelling reason to override the owners’ petition to dissolve the district, the board of supervisors shall by resolution dissolve the district. (Amended by Stats. 2004, Ch. 400, Sec. 26. Effective September 9, 2004.)
  5. 6047.119.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board of supervisors must record and file a certified copy of the resolution; once that happens, the district is dissolved.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.119. The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of it with the Secretary of State. Thereupon, the district is dissolved for all purposes. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  6. 6047.12.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The department and the board may not spend more than 14% of article assessments on administrative purposes. The Joint Legislative Audit Committee and the State Auditor keep independent audit authority.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.12. (a) Expenditures charged by the department and the board for administrative purposes shall not exceed a total of 14 percent of the assessments collected pursuant to this article. Administrative purposes shall include, but not be limited to, all auditing expenses and all costs and attorney’s fees resulting from, or relating to, litigation involving this article against the department, or the board and its members and agents, and expenses associated with Section 6047.4 and paragraphs (1) and (2) of subdivision (a) of Section 6047.5. (b) Notwithstanding subdivision (a), the Joint Legislative Audit Committee and the State Auditor shall maintain independent authority to audit the expenditure of industry assessments. (Amended by Stats. 2010, Ch. 328, Sec. 73. (SB 1330) Effective January 1, 2011. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  7. 6047.120.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    When the district dissolves, its property interests vest in the city if the property is inside city limits, or in the county if it is outside city limits.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.120. Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city shall vest absolutely in the city. If the property is situated outside the corporate limits of a city, it shall vest in the county in which the property is situated. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  8. 6047.121.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board of supervisors serves as the ex officio governing body of the dissolved district and may levy assessments and take other necessary actions to wind up the district and pay outstanding debts.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.121. The board of supervisors is ex officio the governing body of the dissolved district. It may levy assessments and perform other acts solely for the purpose and as may be necessary to wind up the affairs of the district and to raise money for the payment of any outstanding indebtedness. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  9. 6047.122.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Unsettled claims and accounts against the district must be presented to the county board of supervisors within 90 days after the recorded resolution.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.122. All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to Section 6047.119 shall be presented to the board of supervisors of the county in which the district was located, or in the case of a consolidated district to the board of supervisors of the county in which is located the largest area of table grape acreage, and shall be passed and approved by the board of supervisors in the same manner as county claims and shall be paid out of the funds of the dissolved district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  10. 6047.123.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    If district funds are insufficient, the board of supervisors must levy a special assessment on the benefited table-grape acreage to pay outstanding claims; in a consolidated district, each county board must levy its own assessment using the stated ratio.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.123. If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6047.122, the board of supervisors shall, at the time of levying the next general county taxes, levy a special assessment upon the net acreage devoted to the growing of table grapes that benefited from the dissolved district in an amount sufficient to discharge all outstanding claims and accounts against the district. In the case of a consolidated district, the board of supervisors of each county in which a portion of the district is located shall levy a special assessment based upon the ratio that the proportion of outstanding claims and accounts bears to the net acreage of the district in each county. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  11. 6047.124.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Owners of wine grapes, raisin grapes, and other agricultural commodities may petition to come under a district, if the petition meets this article’s requirements and the district board approves it.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.124. Owners of wine grapes and raisin grapes and any other agricultural commodities may petition to become subject to any district established pursuant to this article. The petition shall adhere to all the requirements of this article and shall require the approval of the board of directors of the affected district. All provisions of this article are hereby incorporated in this section and are applicable to owners who become subject to a district established pursuant to this article as though set forth in full in this section unless a provision in this article expressly states that it is not applicable to this section. (Amended by Stats. 2004, Ch. 400, Sec. 27. Effective September 9, 2004.)
  12. 6047.13.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    Most proprietary information held by the board or department must not be disclosed, except under a qualifying court order.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.13. (a) All proprietary information obtained by the board or the department from producers, processors, or any other source, including, but not limited to, the name, addresses, and assessments collected from individual producers and processors in the possession of the board or the department, including processors’ lists of their producers and the assessment of individual producers, is confidential and shall not be disclosed, except when required by a court order issued upon a showing of good cause and that the information is necessary to a judicial proceeding involving this article. (b) Disclosure, as permitted under this section, shall be conducted in camera by the court. (c) The court shall, in the court’s discretion, issue orders restraining a party or parties to a judicial proceeding involving this article from disseminating any proprietary information to the public or any other person not a party to that judicial proceeding. (Amended by Stats. 2005, Ch. 12, Sec. 1. Effective June 9, 2005. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  13. 6047.14.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    A producer may not sue a processor over the assessment or required deduction rules, and failures to pay or remit assessments trigger a delinquencies action plus a 10% penalty and 1.5% monthly interest.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.14. (a) The sole remedy against any producer who fails to pay the assessment and against any processor who fails to collect and remit assessments within the time required by the secretary shall be an action to collect the delinquent assessments and payment to the secretary a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, payment to the secretary of 11/2 percent interest per month on the unpaid balance. (b) A producer may not bring any claim against a processor for damages, or otherwise, in connection with the assessment or the required deduction by the processor of the moneys owed to the producer as provided in this article. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  14. 6047.15.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    If this article ends, collected assessments that are not needed for obligations under the article must be returned pro rata or paid to certain disease-prevention or research programs.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.15. Upon termination of this article, and based upon a recommendation of the board subject to approval by the secretary, any collected assessments not required to defray financial obligations incurred pursuant to this article shall be returned on a pro rata basis to all persons from whom assessments were collected during the marketing season immediately preceding the date of termination or paid to any existing state or federal program engaged in disease prevention or research activities in the grape industry. The assessments refunded to processors shall be paid to producers if the assessment was previously deducted from moneys owed to the producer by the processor. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  15. 6047.16.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section limits lawsuits and personal liability for board members and agents, except for their own dishonesty or crime.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.16. No action in law or equity may be brought against any members or agent of the board, nor shall any member or agent of the board be personally liable for the actions of the board or the department. No member or agent of the board is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as a principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member or agent of the board, is responsible individually for an act or omission of any other member or agent of the board, or the department. Liability is several and not joint, and no member or agent of the board is liable for the default of any other member or agent of the board, or the department. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  16. 6047.17.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This article is not subject to Government Code Chapter 3.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.17. This article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  17. 6047.18.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section says the article should be read broadly, and that if one part is invalid, the rest can still work if possible.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.18. This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and, to this end, the provisions of this article are severable. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  18. 6047.19.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must publish a yearly report by December 31 on the department’s website, after consulting the board, and the report must include a financial accounting.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.19. (a) On or before December 31 of every year, the secretary, after consultation with the board, shall make publicly available on the department’s internet website, a report on the status of this article and Article 8 (commencing with Section 6045), including, but not limited to, program expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California for the previous calendar year. (b) The report shall include a financial accounting, including the distribution of industry assessments and any unexpended amount on deposit, of the department’s efforts to contain Pierce’s disease and its vectors. (c) If this article does not become inoperative on an earlier date pursuant to Section 6047.20 or 6047.27, this article shall remain in effect only until March 1, 2031, and in any case is repealed as of that date, unless a later enacted statute, that is enacted before March 1, 2031, deletes or extends that date. (Amended by Stats. 2024, Ch. 197, Sec. 2. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, by its own provisions. Note: Repeal affects Article 8.5, comprising Sections 6047.1 to 6047.30. See also repeal in Section 6047.29.)
  19. 6047.2.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section defines key terms used in Article 8.5, including board, department, marketing season, producer, processor, person, purchase, purchased grapes, grapes not purchased, secretary, and other designated pests and diseases.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.2. For the purposes of this article, the following definitions shall govern its construction: (a) “Board” means the Pierce’s Disease and Glassy-winged Sharpshooter Board. (b) “Department” means the Department of Food and Agriculture. (c) “Marketing season” begins July 1 of each year and ends June 30 of the next year. (d) “Producer” means a grower, including a cooperative, of grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy. (e) “Processor” means a processor who crushes grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy. (f) “Person” means a producer, processor, or any other entity that holds title to grapes subject to assessment. (g) “Purchase” means the taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift, or any other voluntary transaction creating an interest in property. For purposes of this subdivision, “sale” shall consist of the passing of title from the seller to the buyer for a price. (h) “Purchased grapes” means grapes grown in California, crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, and purchased from a person considered a separate entity from the purchaser. (i) “Grapes not purchased” means all other grapes grown in California and crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, including, but not limited to, the following: (1) Grapes grown by a person who is not considered a separate entity from the processor or who is a member of the processor cooperative. (2) Grapes not purchased and crushed to the account of a person who retains ownership of the grapes. (j) “Secretary” means the Secretary of Food and Agriculture. (k) “Other designated pests and diseases” means pests and diseases designated by the secretary as provided in Section 6047.30. (Amended by Stats. 2009, Ch. 325, Sec. 3. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  20. 6047.20.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This article becomes inoperative on March 1, 2026 unless the secretary’s referendum-based finding saves it.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.20. This article shall become inoperative as of March 1, 2026, unless the secretary finds, in a referendum conducted by the secretary, or a person designated by the secretary, subsequent to the operative date of the amendments to this section adopted in 2024, that a favorable vote has been given pursuant to this article. (Amended by Stats. 2024, Ch. 197, Sec. 3. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, pursuant to Section 6047.19. Note: Except for Sections 6047.19 and 6047.29, the inoperation clause in this section applies to Article 8.5, comprising Sections 6047.1 to 6047.30.)
  21. 6047.21.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must create a voter-eligibility list by April 15, 2025, limited to certain producers, processors, and assessment payers.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.21. (a) No later than April 15, 2025, the secretary shall establish a list of those persons eligible to vote on the continued implementation of this article. (b) Eligibility shall be limited to the producers, processors, and persons who paid the assessment on grapes crushed in the immediately preceding season. (c) (1) In establishing the list, the secretary may require processors, producers, and others to submit the names, mailing addresses, and assessment values of all producers who paid the assessment on grapes crushed in the immediately preceding marketing season. (2) The information required by the secretary shall be filed either with the annual assessment report or no later than 30 days following receipt of a written notice from the secretary requesting the information. (d) Any producer whose name does not appear on the secretary’s list may have their name added to the list by filing with the secretary a signed statement identifying them as a producer that paid an assessment during the most recent marketing season. (Amended by Stats. 2024, Ch. 197, Sec. 4. (AB 1861) Effective January 1, 2025. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  22. 6047.22.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    Only a person required to pay the assessment under Section 6047.8 may vote in the referendum under Section 6047.20.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.22. For the purpose of voting in the referendum required in Section 6047.20, only a person required to pay the assessment pursuant to Section 6047.8 shall have the right to vote. (Added by Stats. 2004, Ch. 485, Sec. 11. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  23. 6047.23.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must find that the referendum meets specified participation and voting/assessment conditions before this article becomes inoperative.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.23. In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of persons from the list established by the secretary participated in the referendum, and that either one of the following occurred: (a) 65 percent or more of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid a majority of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum. (b) A majority of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid 65 percent or more of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum. (Added by Stats. 2004, Ch. 485, Sec. 12. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  24. 6047.24.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must treat certain cooperative association votes as producer assent when deciding whether a referendum is approved.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.24. In determining whether the referendum is approved by producers pursuant to the provisions of this article, the secretary shall consider the vote in favor of the referendum of any nonprofit agricultural cooperative marketing association, which is authorized by its members so to assent, as being the assent, approval, or favor of the producers that are members of, or stockholders in, that nonprofit agricultural cooperative marketing association. (Added by Stats. 2004, Ch. 485, Sec. 13. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  25. 6047.25.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must set a referendum period of 10 to 60 days, may add procedures, and may extend the period if the initial period is under 60 days.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.25. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration. The secretary may prescribe additional procedures to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days. (Added by Stats. 2004, Ch. 485, Sec. 13.5. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  26. 6047.26.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

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

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.26. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2004, Ch. 485, Sec. 14. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  27. 6047.27.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    If the secretary finds no favorable vote after the 2024 amendments take effect, this article becomes inoperative on March 1, 2026. If a favorable vote is found, the secretary must certify it and notify persons on file.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.27. (a) If the secretary finds that a favorable vote as provided in this article has not been given subsequent to the operative date of the amendments to this section adopted in 2024, this article shall become inoperative as of March 1, 2026. (b) If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of the favorable vote to all persons whose names and addresses may be on file with the secretary as provided in Section 6047.21. (Amended by Stats. 2024, Ch. 197, Sec. 5. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, pursuant to Section 6047.19. Note: Except for Sections 6047.19 and 6047.29, the inoperation clause in subd. (a) applies to Article 8.5, comprising Sections 6047.1 to 6047.30.)
  28. 6047.28.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section says the article is severable: if part of it is invalid, the rest can still work if it can stand on its own.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.28. (a) The provisions of this article are severable. (b) If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2004, Ch. 485, Sec. 16. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  29. 6047.29.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must appoint an advisory task force to advise on Pierce’s disease control and management. Task force members may be reimbursed for necessary expenses on request. The section sunsets on March 1, 2031 unless extended or deleted by later statute.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.29. (a) The secretary shall appoint an advisory task force consisting of scientific experts, including, but not limited to, university researchers and agricultural representatives, for the purpose of advising the secretary on the control and management of Pierce’s disease. (b) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties. (c) Notwithstanding Sections 6047.20 and 6047.27, this section shall remain in effect until March 1, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2031, deletes or extends that date. (Amended by Stats. 2024, Ch. 197, Sec. 6. (AB 1861) Effective January 1, 2025. Repealed as of March 1, 2031, by its own provisions.)
  30. 6047.3.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must create the Pierce’s Disease and Glassy-winged Sharpshooter Board within 90 days after this section takes effect and appoint its members from industry recommendations.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.3. (a) Within 90 days after the effective date of this section, the secretary shall create in the department the Pierce’s Disease and Glassy-winged Sharpshooter Board, which shall consist of at least 14, but not more than 15 members, of which eight shall be representatives of producers who are not also processors and six shall be representatives of processors who are also producers. (b) The secretary shall appoint the members of the board from recommendations received from the industry. In making the appointments, the secretary shall select no more than one person from a producer or processor entity and shall ensure that there is representation on the board from each of the major grape production areas in the state. (c) The secretary may appoint one additional member to the board, from nominees received from the board, who shall serve as the public member. The public member shall represent the interests of the public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board. (d) The secretary and other appropriate individuals, as determined by the board, shall be nonvoting ex officio members of the board. (e) It is hereby declared, as a matter of legislative determination, that persons appointed to the board 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 board, the industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 2004, Ch. 485, Sec. 3. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  31. 6047.3.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary may contract with a nonprofit scientific body, if the board recommends it, to speed research on eradicating Pierce’s disease.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.3.5. Notwithstanding any other provision of law, the secretary, upon the recommendation of the board, may contract with any nonprofit authoritative scientific body with expertise in agricultural issues in order to expedite research relating to the eradication of Pierce’s disease. (Added by renumbering Section 6047.35 by Stats. 2005, Ch. 12, Sec. 3. Effective June 9, 2005. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  32. 6047.30.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The board may recommend, and the secretary may decide, whether a qualifying grape pest or disease is designated for research and outreach funding, but no General Fund money may be spent on new related programs after March 1, 2011.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.30. (a) The board may, after consulting with the advisory task force and upon making findings as described in this section, recommend to the secretary, and the secretary may determine, that a pest or disease affecting grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy be designated as an other designated pest or disease, and that money should be expended on research and outreach programs for purposes consistent with Sections 6046 and 6047.1 relating to the other designated pest or disease. However, no General Fund moneys shall be expended after March 1, 2011, on new research and outreach programs relating to other designated pests or diseases. (b) The board’s findings in support of a recommendation under this section shall include all of the following: (1) The pest or disease would adversely affect the health of grape vines, the yield from grape vines, or the quality of grapes grown on the vines if the pest or disease becomes established in California or expands to new areas of the state. (2) The pest or disease would significantly damage the state’s agricultural business economy if allowed to become established in California or expand to new areas of the state. (3) Significant portions of the grape producing areas of the state are now affected, or reasonably likely to be adversely affected in the future, by the spread of the pest or disease. (4) Expenditures of money approved by the secretary based on the findings and recommendations described in this section will not, to a substantial degree, diminish any expenditures under Article 8 (commencing with Section 6045) or this article on Pierce’s disease and its vectors, particularly the glassy-winged sharpshooter, research, work plans, and program activities. (5) Scientific experts, including, but not limited to, university researchers, entomologists, plant pathologists, economists, and other agricultural representatives have provided information and advice in support of the findings described in paragraphs (1), (2), (3), and (4). For purposes of this paragraph, it is not required that all scientific experts consulted by the board agree or provide similar advice. (Added by Stats. 2009, Ch. 325, Sec. 11. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  33. 6047.4.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The board has powers to make recommendations, receive money, adopt or change bylaws and procedures, coordinate with advisory bodies, and allow members to receive per diem and mileage if authorized.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.4. (a) The powers of the board shall be the following: (1) Submit recommendations to the secretary on, but not limited to, the following: (A) Selection of officers. (B) Terms of office for board members. (C) Annual assessment rate. (D) Annual budget. (E) Expenditures authorized under Sections 6047.5 and 6047.30. (2) Receive money from the assessment and other sources. (3) Adopt, amend, and rescind all proper and necessary bylaws and procedures. (4) Coordinate its activities with the secretary’s science advisory board and agricultural/governmental advisory task force. (b) A majority of the members of the board shall constitute a quorum of the board. The vote of a majority of the members present at a meeting at which there is a quorum constitutes an act of the board, except for actions taken pursuant to subdivision (a) of Section 6047.7, which shall require a majority of the vote of the board. The board may continue to transact business at a meeting where a quorum is initially present, notwithstanding the withdrawal of members, provided any action is approved by the requisite majority of the required quorum. (c) As authorized by the board, members of the board may receive per diem and mileage in accordance with the rules of the Department of Human Resources for attendance at meetings and other approved board activities. (Amended by Stats. 2012, Ch. 665, Sec. 17. (SB 1308) Effective January 1, 2013. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  34. 6047.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section limits how funds under the article may be spent, makes certain research data confidential, allows some public/review exceptions, and subjects processors to department audit.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.5. (a) Expenditure of the funds pursuant to this article shall be restricted to the following: (1) Reasonable administrative expenses of the board and the department, subject to the limitation in Section 6047.12. (2) The collection, enforcement, deposit, and handling of the assessments. (3) Notwithstanding Section 6047.12, costs to conduct a referendum. (4) Subject to subdivision (d) of Section 6047.1, research and other activities related to the transmittal of the plant killing Pierce’s disease bacterium and its vectors, particularly the glassy-winged sharpshooter, including, but not limited to, research of integrated pest management and other sustainable industry practices. The disbursement of research funds collected pursuant to Section 6047.7 shall be on a competitive bid basis, shall be exempt from the requirements of Sections 12798 and 12798.6, and may be encumbered with existing resources beyond the termination date of this statute. (b) Except as provided in subdivision (c), data and related information and materials produced during the course of research conducted pursuant to this article that are in the possession of the department, the board, or any entity engaged in research funded pursuant to this article, shall be confidential and shall not be released for any purpose, except to the extent that they are included in any final publication of research, or except when required by a court order after a hearing in a judicial proceeding involving this article. (c) The restrictions in this section shall not apply to research conducted by the University of California or by other public agencies or public institutions that are subject to interagency agreements, except to the extent that they are consistent with policies of the entity engaged in research funded pursuant to this article on sponsored research and publication, which may allow for, among other things, a short period of review by the board in advance of publication. (d) Processors subject to this article and expenditure of the funds collected pursuant to this article are subject to audit by the department. (Amended by Stats. 2004, Ch. 485, Sec. 6. Effective September 10, 2004. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  35. 6047.6.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    The secretary must accept the board’s recommendations unless they are not practicable or not in the interest of the industry or the public.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.6. The secretary shall accept the recommendations of the board unless he or she determines that the recommendations are not practicable or in the interest of the industry or the public. The secretary shall provide the board with the reasons for his or her decision within 15 days if the secretary does not accept a recommendation of the board. (Amended by Stats. 2002, Ch. 741, Sec. 4. Effective September 20, 2002. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  36. 6047.60.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    This section says districts created under the article must not duplicate existing pest-eradication services already provided by public and university bodies.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.60. The Legislature hereby finds and declares the following: (a) California is the leading producer of table grapes in the United States, accounting for 97 percent of table grapes grown in this country. (b) Table grapes are grown in 15 counties located throughout the state. (c) California grows more than 170,000 acres of table grapes producing over 700,000 tons of table grapes per year, valued at more than eight hundred sixty million dollars ($860,000,000) with a direct and indirect impact on the state’s economy that totals more than four billion dollars ($4,000,000,000). (d) The plant killing bacterium, Xylella fastidiosa, and the resulting plant disease known as Pierce’s disease, and its vectors, present a clear and present danger to California’s nearly three billion dollar ($3,000,000,000) grape industry, as well as to many other commodities and plant life. (e) Pierce’s disease and its vector the glassy-winged sharpshooter have spread into the southern San Joaquin Valley, which, if left unabated, places grapes and other commodities throughout California in immediate peril. (f) In addition to the research funds and program provisions set forth in Article 8 (commencing with Section 6045) of Chapter 9 of Part 1 of Division 4, dealing with wine grapes, the table grape industry is at substantial risk for Pierce’s disease and other pests and recognizes the need for additional specific control programs. (g) Additional programs may include field treatments similar to, or the expansion of, the successful United States Department of Agriculture and California Department of Food and Agriculture General Beale area pilot program in Kern County. The expansion of those programs may require industry assessments from the table grape industry through the creation of a pest abatement district. (h) The state has an interest in protecting its agricultural products from further destruction by the glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases. (i) As a known vector for Pierce’s disease, the glassy-winged sharpshooter has been determined to carry and spread Pierce’s disease to many forms of California agriculture, usually with complete destruction to the infected crop. This destructive effect of the disease has been determined by experts in the viticulture field to be especially true with respect to infected table grapes. To avoid a potentially catastrophic loss to one of California’s most important industries, the Legislature declares that this article is in the interest of the public health and welfare. (j) This article shall not establish a precedent for, or supercede, reduce, or in any way alter, government funding from any source related to Pierce’s disease and other designated pests and diseases in this state. (k) The Legislature further declares that it is in the interest of the public health and welfare that the districts authorized to be created by this article not duplicate existing services already being provided by the University of California, state, counties, or the county agricultural commissioners to eradicate the glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases. (Amended by Stats. 2004, Ch. 400, Sec. 1.5. Effective September 9, 2004.)
  37. 6047.61.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    This article is named the Table Grape Pest and Disease District Law and may be cited by that name.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.61. This article shall be known and may be cited as the Table Grape Pest and Disease District Law. (Amended by Stats. 2004, Ch. 400, Sec. 2. Effective September 9, 2004.)
  38. 6047.62.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    This section says the article’s districts are created to organize, operate, and dissolve districts for table grape pest and disease control, information sharing, and infestation tracking.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.62. (a) It is the purpose of this article to make available a procedure for the organization, operation, and dissolution of districts to respond to the effects of the spread of the glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases that attack table grape plants, and to collect and disseminate to table grape producers in the district all relevant information and scientific studies concerning the pest or pests, as well as to chart and determine the extent and location of any infestations. (b) Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to districts organized pursuant to this article. (Amended by Stats. 2004, Ch. 400, Sec. 2.5. Effective September 9, 2004.)
  39. 6047.63.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article about the Table Grape Pest and Disease District.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.63. Unless the context otherwise requires, the definitions in this section govern the construction of this article. (a) “Board” or “board of directors” means the board of directors of a district. (b) “District” means a table grape pest district organized pursuant to this article. (c) “Owner” includes joint owner, coowner, guardian, executor, administrator, or any other person that holds property in a trust capacity under court appointment. (d) “Pierce’s disease” is the disease of grapevines caused by the bacterium Xylella fastidiosa. (e) “Table grapes” means all table grape varieties specified in the report issued pursuant to Section 55601.5. “Table grapes” also means all raisin varieties specified in the report issued pursuant to Section 55601.5 that are intended to be marketed in their fresh form. (f) “Table grape acreage” means any parcel of real property with more than one acre of table grape plants. (g) “Grower” or “producer” means any person who is engaged within this state in the business of producing, or causing to be produced, table grapes for market. (h) “Other designated pests and diseases” means pests and diseases designated by the district as serious pests and diseases warranting district action. (Amended by Stats. 2004, Ch. 400, Sec. 3. Effective September 9, 2004.)
  40. 6047.64.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    A district formation proceeding must start with a petition signed by owners of 15% of the table grape acreage, and the petition must be filed with the county board of supervisors.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.64. (a) Proceedings for the formation of a district within any county shall be commenced by a petition signed by the owners of 15 percent of the table grape acreage. (b) The petition shall be addressed to, and filed with, the board of supervisors of the county. (Amended by Stats. 2004, Ch. 400, Sec. 4. Effective September 9, 2004.)
  41. 6047.65.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    A petition may be filed in sections, and each section must meet the petition requirements, but a section does not have to include the full number of required signatures.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.65. The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  42. 6047.66.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    A petitioner may withdraw a petition signature before the petition is acted on, by filing a signed declaration with the clerk of the board of supervisors.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.66. Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed by the petitioner that states that it is the intention of the petitioner to withdraw his or her signature from the petition. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  43. 6047.67.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    A petition for a proposed table grape pest and disease district must state the district’s name and describe its boundaries or the lands to be included.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.67. (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient designation of the boundaries of a proposed district to recite that all the table grape acreage in the county that is to be included in the district, or that all the table grape acreage in a designated area within the county is to be included in the district. (c) If either designation is used, the outside boundary of the area designated is the boundary of the district, and the district shall include all areas within the outside boundary. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  44. 6047.68.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    A petition must be accompanied by a fee set by the board of supervisors, and after the district is established, the district must reimburse the funders from assessments collected 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.68. (a) The petition shall be accompanied by a fee in an amount established by the board of supervisors as is necessary to reimburse the county for all costs incurred by it in connection with the proposed organization of the district. The board of supervisors may charge the district for actual expenses incurred by the county in connection with the proceedings for the formation of the district. (b) Upon the establishment of the district, the district shall reimburse those who provided the funds specified in subdivision (a) from assessments collected pursuant to this article. (Amended by Stats. 2005, Ch. 12, Sec. 4. Effective June 9, 2005.)
  45. 6047.69.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    When a petition is filed, the board of supervisors must send it to the county agricultural commissioner, who must prepare a register of table grape acreage owners and report on acreage, pest conditions, and whether the district should be created.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.69. (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation of a register of owners of table grape acreage within the proposed district, and for an investigation and report. (b) The county agricultural commissioner shall create a register of all table grape acreage owners within the proposed district and specifically describe the net acreage of land devoted to the growing of table grapes by each owner. The county agricultural commissioner shall file with the register of table grape acreage owners a report to the board of supervisors describing the present condition of the glassy-winged sharpshooter and Pierce’s disease infestations, or infestation of other designated pests and diseases, and any proposed program that may warrant the board of supervisors proceeding with the organization of the district and recommendation as to the advisability of creating the district. (Amended by Stats. 2004, Ch. 400, Sec. 6. Effective September 9, 2004.)
  46. 6047.7.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section sets the grape assessment rate for the first 2001-2002 marketing season, requires the department to notify processors, and limits what can be assessed.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.7. (a) During the first marketing season, beginning July 1, 2001, and ending June 30, 2002, the annual assessment shall be three dollars ($3) for each one thousand dollars ($1,000) assessed pursuant to Section 6047.9 for all grapes subject to assessment under this article. The department shall notify each processor of the established assessment as soon as practicable. For each marketing season thereafter, the following shall apply: (1) An annual assessment shall be recommended by the board and submitted to the secretary for approval in an amount not to exceed three dollars ($3) for each one thousand dollars ($1,000) assessed pursuant to Section 6047.9 for all grapes subject to assessment under this article. (2) The department shall notify each processor of the established assessment rate by July 15, or as soon thereafter as possible. (b) In no event shall there be an assessment on the following: (1) Material other than grapes, and defects, or other weight adjustments deducted from the gross weight ticket. (2) Any raisin-distilling material. (3) Grapes for which an assessment has been withheld, paid, or is already owed. (Amended by Stats. 2014, Ch. 231, Sec. 3. (AB 1642) Effective January 1, 2015. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  47. 6047.70.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board of supervisors must set a hearing for the petition, and the hearing must be held 20 to 40 days after the petition is filed. The clerk must give notice of the hearing with specific required details.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.70. (a) The board of supervisors shall fix a time and place for a hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days, after the filing of the petition with the board of supervisors. (c) The board of supervisors shall order the clerk of the board of supervisors to give notice of the hearing that will do the following: (1) State the time and place for the hearing that was fixed by the board of supervisors. (2) State that at the hearing protests will be considered by the board of supervisors. (3) State that requests in writing for the exclusion of acreage from, or the inclusion of acreage in, the proposed district, will be heard and considered by the board of supervisors. (4) State that the petition is available for inspection at the office of the clerk of the board of supervisors. (5) Designate the boundaries of the proposed district in substantially the same way that they are described in the petition. (Amended by Stats. 2004, Ch. 400, Sec. 7. Effective September 9, 2004.)
  48. 6047.71.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Notice of the hearing must be given by publication in a newspaper of general circulation published and circulated in the district.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.71. Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  49. 6047.72.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The notice must be published once a week for two successive weeks before the hearing date.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.72. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  50. 6047.73.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    At the hearing, the county agricultural commissioner’s report must be received. Interested persons may protest orally or in writing. Written protests about the regularity or sufficiency of the proceedings must be filed with the clerk of the board of supervisors before the final hearing, and the hearing may be continued, but not for more than 60 days.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.73. At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested in the formation of the proposed district. Any protest that pertains to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the defects to which objection is made. All written protests shall be filed with the clerk of the board of supervisors on or before the time fixed for the final hearing. The hearing may be continued from time to time, not to exceed 60 days. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  51. 6047.74.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Owners of table grape acreage in the proposed district may ask the board of supervisors in writing to exclude acreage from the district if they can show it will not benefit from the district’s activities. If excluded acreage is later planted with table grapes, the owner must notify the district in writing within 30 days of planting.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.74. At the hearing, any owner of table grape acreage in the proposed district may present to the board of supervisors a request, in writing, for the exclusion of that acreage or any part of that acreage from the proposed district upon a showing that the acreage or part of that acreage will not be benefited by the activities of the proposed district. However, if the excluded acreage is planted with table grapes, the owner of the acreage shall inform the district, in writing, within 30 days of planting. Factors that the board of supervisors may consider in its determination for exclusion, as set forth in an affidavit from the owner of the acreage, shall include the following: (a) That the acreage is not planted to table grapes and will not be so planted in the foreseeable future, as evidenced by an affidavit from the owner of the acreage so stating. (b) That the table grape plants have been removed from the acreage and that no living table grape plants remain on the acreage. (c) That exclusion of the acreage, or any part of the acreage, from the district will not present a risk of glassy-winged sharpshooter infestation or infestation by other designated pests or diseases because of the acreage’s distance or isolation from infested geographical regions. (Amended by Stats. 2004, Ch. 400, Sec. 8. Effective September 9, 2004.)
  52. 6047.75.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    If the petition does not comply with the law, the board of supervisors may dismiss it without prejudice. A finding that the petition and notice are sufficient is final against everyone except the state, unless the Attorney General brings a proceeding within one year. If the petition is dismissed, the related election-cost fee portion is refunded.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.75. If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present a new petition covering the same matter. A finding by the board of supervisors in favor of the sufficiency of the petition and notice is final and conclusive against all persons except the state in a proceeding brought by the Attorney General within one year of the date of the making of the order establishing and describing the boundaries of the district. If the petition is dismissed, that portion of the fee imposed under Section 6047.68 that would have been used to pay for costs of the election shall be refunded. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  53. 6047.76.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    If the board of supervisors finds the project feasible and in the county table grape owners’ interest, it must declare the district organized, describe the district territory, and the clerk must file a certified copy of the order with the county recorder.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.76. (a) If the board of supervisors determines that the project is feasible and in the interest of the table grape acreage owners of the county, the board of supervisors shall, by order entered in its minutes, declare the district is duly organized under the name designated in the petition for the formation of the district. (b) The order shall describe the territory included in the district and, if the board of supervisors does not exclude or include acreage pursuant to Section 6047.78, it is a sufficient description of the territory to describe the boundaries in substantially the same way as they are described in the petition. (c) A copy of the order certified by the clerk of the board of supervisors shall be filed with the county recorder of the county in which the district is situated. (Amended by Stats. 2004, Ch. 400, Sec. 9. Effective September 9, 2004.)
  54. 6047.78.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board of supervisors must exclude table grape acreage not benefited by the proposed project, may include benefited acreage if it is in the district’s interest, and must give notice and a hearing opportunity for inclusion.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.78. (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any table grape acreage that it finds will not be benefited by the proposed project, pursuant to the facts in Section 6047.74, and it may include in the district any acreage that it finds will be benefited if it also finds it will be in the interest of the district to include this acreage. The inclusion may be upon application of the owner or, without the owner’s application, upon giving the owner notice of the proposed inclusion and an opportunity for a hearing on the inclusion. (b) Notice of inclusion shall be mailed, postage prepaid, by the clerk of the board of supervisors, to the address of the owner of the acreage as shown by the last equalized county assessment roll, and to any person that has filed with the clerk that person’s name and address and description of acreage in which he or she has either a legal or equitable interest. The notice shall describe the acreage proposed to be included, and shall state the time and place at which objections to the inclusion will be heard. (c) Any owner of table grape acreage outside of the proposed district may present to the board of supervisors a request in writing for inclusion of the acreage in the proposed district. (Amended by Stats. 2004, Ch. 400, Sec. 10. Effective September 9, 2004.)
  55. 6047.79.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    When the order of organization is filed, the board of supervisors must appoint a five-member board of directors for the district.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.79. Upon the filing of the order of organization, the board of supervisors shall appoint a board of directors of five members to administer the affairs of the district. (Amended by Stats. 2004, Ch. 400, Sec. 11. Effective September 9, 2004.)
  56. 6047.8.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    Producers owe the assessment, and processors have collection, deduction, payment, and remittance duties for purchased and non-purchased grapes.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.8. (a) The assessment is the obligation of the producer. (b) For purchased grapes, the processor who purchases the grapes shall act on behalf of the person from whom the grapes were purchased in collecting and remitting the assessment, shall deduct the assessment from moneys owed by the processor, and shall pay the assessment as provided in this article. (c) For grapes not purchased, the processor who crushes the grapes shall do the following: (1) Charge the person who retains ownership of the grapes the assessment and pay the assessment as provided in this article. (2) Be responsible for the remittance of the assessment for the crushing of grapes from persons not considered a separate entity from the processor. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  57. 6047.80.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    A person may serve as a district director only if the person is an owner of, or the owner’s designee for, qualifying acreage in the district.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.80. To be a director of the district, a person shall be either an owner of, or the designee of an owner of, acreage included in the district that is devoted, in whole or in part, to the growing of table grapes. (Amended by Stats. 2004, Ch. 400, Sec. 12. Effective September 9, 2004.)
  58. 6047.81.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    After appointment, each director must subscribe the oath of office and file it with the county clerk.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.81. Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  59. 6047.82.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    This section says the district becomes fully organized once the record is filed and the first board is appointed and qualified, then operates for five years unless reauthorized.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.82. (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of its first board of directors, the organization of the district is complete. The district shall operate for a period of five years from the date of its organization, and shall cease to exist after five years unless the district is reauthorized by the board of supervisors. (b) The board of directors shall hold a public hearing six months prior to termination of its initial organization or last reauthorization to determine whether the conditions of the glassy-winged sharpshooter or Pierce’s disease or other designated pests and diseases warrant the reauthorization of the district for an additional five years. (c) The notice of hearing shall state the name of the district and that consideration is being given to reauthorizing the district for an additional five years, the boundaries of the district, and the time and place for the hearing. Notice of the hearing shall be given as provided in Sections 6047.71 and 6047.72. The board of directors shall submit the record of the hearing and its recommendation to the board of supervisors within 90 days of the hearing. The board of supervisors shall approve or reject the recommendation. If it rejects the recommendation, the board of supervisors shall return the report accompanied by its reasons for the rejection to the board of directors within 30 days of receipt. The board of directors may thereafter address the reasons for rejection by the board of supervisors and submit an amended report and new recommendations for reauthorization for approval or rejection by the board of supervisors, unless the district has ceased to exist pursuant to subdivision (a). (d) If the board of supervisors approves the continuation of the district, the board of supervisors shall, by an order entered in its minutes, declare the district duly extended. (Amended by Stats. 2004, Ch. 400, Sec. 13. Effective September 9, 2004.)
  60. 6047.83.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    After the district is organized, the directors must meet as a board and choose a chairperson, vice chairperson, and secretary. The chairperson, vice chairperson, and secretary each have specified board duties.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.83. (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson, and secretary from among their own number. (b) The chairperson shall call and preside at all meetings of the board, sign all warrants drawn on the county treasurer, and all contracts and other documents, and the minutes of all meetings at which the chairperson is present. In case of the chairperson’s absence from a meeting, the vice chairperson shall act as chairperson pro Tempore. The vice chairperson may sign warrants in place of the chairperson if the chairperson is absent from a meeting or unavailable. The secretary shall give notice of and keep the minutes of all meetings and prepare and have custody of all records and papers, and have custody of the seal of the district. The secretary shall attest all warrants drawn on the county treasury, all contracts and other documents, and shall sign the minutes of all meetings at which he or she is present. The secretary shall prepare the annual reports and any other reports required by the board and shall prepare all notices and all calls for bids. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  61. 6047.84.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Board members serve two-year terms, unless the board of supervisors sets a longer term, and they continue until successors are appointed and qualified.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.84. The members of the board shall serve for terms of two years, or for a longer term as determined by the board of supervisors, and until the appointment and qualification of their successors. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  62. 6047.85.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    When a board member’s term ends, the board of supervisors must appoint a successor and fill any vacancy for the remaining term.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.85. Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of supervisors for the unexpired term. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  63. 6047.86.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Board members may not receive compensation for their services, but may be reimbursed for actual and necessary expenses if the board approves the claims.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.86. The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for those expenses have been approved by the board. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  64. 6047.87.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The district may exercise a range of powers, including suing, holding property, contracting, inspecting land, and taking pest-control actions. Its administrative costs are capped at 5 percent of annual assessment revenue.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.87. (a) The district may do all of the following: (1) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (2) Adopt a seal and alter it at pleasure. (3) Accept contributions, and by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, and lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers. (4) Recommend an assessment to the board of supervisors to be levied on the owners of acreage of table grapes being grown in the district to pay obligations of the district incurred to accomplish the purposes of the district as provided in this article, which may involve funding all or a portion of a Pierce’s disease or glassy-winged sharpshooter program, or program involving other designated pests and diseases. (5) Make contracts, and employ, except as otherwise provided in this article, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, and at any salary, wage, or other compensation as the board of directors shall determine. (6) Respond to the effects of, the spread of glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases, and collect and disseminate to table grape growers and the owners of table grapes acreage in the district relevant information and scientific studies concerning these pests or diseases, as well as to chart and determine the extent and location of any infestations. (7) Take all actions necessary to control, eradicate, remove, or prevent the spread of the glassy-winged sharpshooter or Pierce’s disease, or other designated pests and diseases injurious to table grapes. (8) With reasonable advance notice in writing to the landowner, as determined by the district, enter into or upon any land included within the boundaries of the district for the purpose of inspecting the grape plants and any other host plants and fruit growing on these lands. (9) Eradicate, eliminate, remove, or destroy any table grape plants having evidence of Pierce’s disease or other designated pests and diseases. (10) Coordinate with the county agricultural commissioner as to his or her taking appropriate actions to have any table grape plants growing within the district infested with Pierce’s disease or other designated pests and diseases adjudged a public nuisance, and decreed that the nuisance be abated. (11) Coordinate district activities with other table grape pest and disease districts established pursuant to this article and Section 6047.3. (12) Perform any and all acts, either within or outside the district, necessary or proper to fully and completely carry out the purposes for which the district is organized. (b) The district’s administrative costs shall be limited to 5 percent of the annual assessment revenue. (Amended by Stats. 2004, Ch. 400, Sec. 14. Effective September 9, 2004.)
  65. 6047.88.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Districts formed under this article have the powers given by Section 6047.87 and the rest of the article, even if the formation petition or formation proceedings tried to limit those powers.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.88. Every district formed pursuant to this article has all of the powers prescribed by Section 6047.87 and other provisions of this article, regardless of any language in the petition for formation for any district or in any of the proceedings leading to the formation that would otherwise limit the power of the district. (Amended by Stats. 2004, Ch. 400, Sec. 15. Effective September 9, 2004.)
  66. 6047.89.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    On request of the board, the county agricultural commissioner must help the district as much as possible with activities to control certain pests and diseases.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.89. The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent possible in all activities undertaken by the district for the control of glassy-winged sharpshooter and Pierce’s disease or other designated pests and diseases. (Amended by Stats. 2004, Ch. 400, Sec. 16. Effective September 9, 2004.)
  67. 6047.9.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. )

    Verify source ↗

    This section says how a grape assessment is calculated for purchased and nonpurchased grapes.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) ## 6047.9. (a) For purposes of calculating the amount to be collected by the processor for purchased grapes, the assessment shall be based on the gross dollar value of the grapes, which is the gross dollar amount payable for the grapes before any deductions for governmental assessments and fees. (b) For purposes of calculating the assessment for grapes not purchased, the assessment shall be based on the following: (1) The tonnage of grapes delivered less material other than grapes and defects or other weight adjustments deducted from gross weight. (2) The weighted average price per ton delivered basis purchased from all nonrelated sources for wine, concentrate, juice, wine vinegar, and beverage brandy by processors, by type, variety, and reporting district where grown for the grapes delivered, sources as reported by the secretary pursuant to Section 55601.5 for the immediately preceding marketing season. (Amended by Stats. 2015, Ch. 303, Sec. 172. (AB 731) Effective January 1, 2016. Conditionally inoperative on March 1, 2026, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2031, pursuant to Section 6047.19.)
  68. 6047.90.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board must make a plan and budget after it is appointed and after a public hearing, and owners of included table grape acreage may protest the budget at that hearing.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.90. The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal year. At a public hearing on the plan and the budget, any owner of table grape acreage included in the district may make written or oral protest against the budget or any item in it. The plan and the budget, as thereafter approved by the board, shall be the plan and the budget of the district for the forthcoming fiscal year. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  69. 6047.91.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The district budget for its first fiscal year may include up to 20% extra to cover preliminary expenses.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.91. There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the budget to cover the preliminary expenses of the district, including, but not limited to, the costs of formation, before the beginning of the first fiscal year. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  70. 6047.92.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board must adopt the district’s final budget for each fiscal year after the district’s first year of operation.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.92. For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget in the same manner that the budget for the first fiscal year was adopted. (Amended by Stats. 2004, Ch. 400, Sec. 16.5. Effective September 9, 2004.)
  71. 6047.94.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The district must identify parcels with more than one acre of table grape plants that will be subject to assessments.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.94. The district shall identify any parcel of real property with more than one acre of table grape plants that shall be subject to assessments. (Amended by Stats. 2004, Ch. 400, Sec. 18. Effective September 9, 2004.)
  72. 6047.95.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    Acreage in the district that is planted with table grape plants and qualifies as table grape acreage is subject to assessment 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.95. Whenever acreage within the district is planted with table grape plants in a fashion so as to qualify as table grape acreage, the acreage is subject to assessment as provided in this article. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  73. 6047.96.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board must investigate an acreage exclusion request and, if conditions are met, exclude the acreage from the district and notify county officials. Owners in or out of the district may submit written requests for exclusion or inclusion.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.96. (a) After the district has been formed, an owner of table grape acreage in the district may present to the board a request in writing for the exclusion of that acreage or any part of the acreage from the district upon a showing that the acreage or part of the acreage will not be benefited by the activities of the district. Factors that the board may consider in its determination for exclusion, as set forth in an affidavit from the owner of the acreage, shall include those specified in Section 6047.74. (b) After receipt of the request, the board shall cause an investigation of the parcel of acreage to be made and, if the board determines that the acreage or part of the acreage will not be benefited by the activities of the district and that exclusion of the acreage will not present a pest risk to the district, the board shall exclude the table grape acreage from the district and immediately certify this fact to the county assessor and the county auditor or tax collector. (c) Any owner of table grape acreage outside of, or otherwise not included in, the district may present to the board a request in writing for inclusion of the acreage in the district. (Amended by Stats. 2004, Ch. 400, Sec. 19. Effective September 9, 2004.)
  74. 6047.97.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The board must file an annual district budget with the board of supervisors and the county auditor, and the board of supervisors may levy a table grape pest and disease assessment only under stated procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.97. (a) The board shall, on or before the first Monday in April of each year, or as soon thereafter as possible, file with the board of supervisors a budget that sets forth all estimated expenditures of the district for the fiscal year commencing on the first day of July. A copy of the budget shall also, at the same time, be filed with the auditor of the county. (b) The board of supervisors may, by ordinance or by resolution, adopted after notice and a hearing, determine and levy an assessment for table grape pest and disease control activities or other activities specified in subdivision (a) of Section 6047.87 related to designated pests and diseases for any of the following purposes: (1) Responding to, managing, and controlling the effects of the spread of glassy-winged sharpshooter and other designated pests and diseases that attack table grape plants. (2) Collecting and disseminating to table grape growers in the district relevant information and scientific studies concerning the pest or pests. (3) Charting and determining the extent and location of any Pierce’s disease infestations and infestations of other designated pests and diseases. (4) Reimbursing the county or counties in which the district is located for expenses incurred in connection with providing services under this article that are not otherwise reimbursed. (c) (1) The annual assessment shall not exceed fifteen dollars ($15) per planted acre. (2) The maximum annual assessment shall be established in accordance with the voting requirements of Articles XIII C and XIII D of the California Constitution, as incorporated by Proposition 218 of 1996, as provided for in Section 6047.100. (3) The board shall annually establish the assessment which shall not exceed the maximum annual assessment specified in paragraph (1), except as otherwise specified in this section. (d) An annual assessment greater than the amount provided for in this section may not be charged unless a greater assessment is approved by eligible owners in accordance with the voting requirements of Articles XIII C and XIII D of the California Constitution, as incorporated by Proposition 218 of 1996, as provided for in Section 6047.100. (e) The board of supervisors shall cause to be prepared and filed with the clerk of the board of supervisors a written report that contains all of the following information: (1) A description of each parcel of property proposed to be subject to the assessment. (2) The amount of the assessment of each parcel for the initial fiscal year. (3) The maximum amount of the assessment that may be levied for each parcel during any fiscal year. (4) The duration of the assessment. (5) The basis of the assessment. (6) The schedule of the assessment. (7) A description specifying the requirements for written and oral protests, and the protest threshold necessary for requiring abandonment of the proposed assessment pursuant to subdivision (f). (f) Unless otherwise excluded, the assessment shall be levied on each parcel within the boundaries of the district, zone, or area of benefit. (g) (1) The board of supervisors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (2) In addition, the mailed notice shall include the name of the district, the return address of the sender, the amount of the assessment for the initial fiscal year, the maximum amount of the assessment that may be levied during any fiscal year and the name and telephone number of the person designated by the board of supervisors to answer inquiries regarding the protest proceedings. (Amended by Stats. 2004, Ch. 400, Sec. 20. Effective September 9, 2004.)
  75. 6047.98.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The article’s assessment is treated as a special assessment, and it applies to table grape plants regardless of their age.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.98. The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds that the owners of all table grape plants will be benefited by the district to the same extent and in the same manner regardless of the age of the plants. The assessments authorized by this article shall be assessed and levied regardless of the age of the table grape plants growing on the land. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  76. 6047.99.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. )

    Verify source ↗

    The county auditor must compute and enter the assessment on the assessment roll, and must levy the assessment if the supervisors do not.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) ## 6047.99. (a) The assessment levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as required, the auditor shall do so. (b) The assessment shall be collected at the same time, and in the same manner as, and together with and not separate from, general county taxes, and when collected shall be paid into the county treasury for the use of the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.)
  77. 6048.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Hydrilla [6048 - 6049] ( Article 9 added by Stats. 1977, Ch. 176. )

    Verify source ↗

    Hydrilla is treated as a prohibited noxious aquatic weed, and the director must survey, investigate, and, if feasible, eradicate it.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Hydrilla [6048 - 6049] ( Article 9 added by Stats. 1977, Ch. 176. ) ## 6048. (a) The plant hydrilla (Hydrilla verticillata) is a noxious aquatic weed not native to the State of California. The Legislature hereby declares that the further introduction and spread of this serious aquatic weed pest would be detrimental to the state, causing irreparable damage to the agricultural industry and recreational use of streams, lakes, and waterways and further that the eradication of this aquatic weed pest is essential to the preservation of the environment. Hydrilla can be introduced into the state in shipments of fish and aquatic plants for wholesale and retail sale within the state. It can become established when aquariums containing hydrilla are dumped into California’s streams, lakes, ponds, and waterways. Subsequent spread is rapid, both naturally and artificially. (b) It is unlawful to produce, propagate, harvest, possess, sell, or distribute hydrilla as such or incidental to the sale of fish, aquatic plants, or other hosts or possible carriers of hydrilla. The director may adopt quarantine or other regulations which prohibit the importation of hydrilla. Any violation of the regulations or of this section is an infraction punishable by a fine of not more than seventy-five dollars ($75) for the first offense and is a misdemeanor for a second or subsequent offense within three years of a prior conviction of a violation of this section or of the regulations. These penalty provisions do not preclude civil action as provided in Article 2 (commencing with Section 5021) of Chapter 1. (c) The director shall conduct an ongoing survey and detection program for hydrilla. Whenever and wherever hydrilla is discovered, the director shall immediately investigate the feasibility of eradication. If eradication is feasible, the director shall perform the eradication in cooperation with federal, city, county, and other state agencies taking those steps and actions the director deems necessary. (Amended by Stats. 1986, Ch. 752, Sec. 5.)
  78. 6049.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Hydrilla [6048 - 6049] ( Article 9 added by Stats. 1977, Ch. 176. )

    Verify source ↗

    The department may work with other agencies to develop or use biological control methods for hydrilla, and fish-based programs need Department of Fish and Game approval first.

    ## 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 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Hydrilla [6048 - 6049] ( Article 9 added by Stats. 1977, Ch. 176. ) ## 6049. The department, with the cooperation of the University of California, the United States Department of Agriculture, or other agencies, may develop and implement biological control methods to eradicate or control the aquatic weed pest hydrilla (Hydrilla verticillata) in any area of the state, and may conduct studies for those purposes. When the development or implementation involves the use of fish, each individual program for development or implementation shall first be approved by the Department of Fish and Game. (Amended by Stats. 1986, Ch. 752, Sec. 6.)
  79. 6051.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    Cotton pests abatement districts may be organized in certain counties, with limited powers under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6051. Cotton pests abatement districts may be organized and established by the board of supervisors of the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura, pursuant to the provisions of this chapter, and may exercise the powers expressly granted, or necessarily implied, by those provisions. The district may include land in more than one of the counties listed in this section with the consent of the board of supervisors of the counties affected. The county which includes the majority of acreage in the district shall be designated the principal county. The agricultural commissioner and county officers in the principal county shall perform the acts required by the provisions of this chapter. District funds shall be deposited in the treasury of the principal county. Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of the Government Code and the District Reorganization Act of 1965 do not apply to cotton pests abatement districts organized pursuant to this chapter. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  80. 6052.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    To propose a cotton pests abatement district, a petition must be filed with the county board of supervisors and signed by enough cotton growers to meet the stated minimum.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6052. In order to propose the organization of a cotton pests abatement district, a petition shall be presented to the board of supervisors of the county where the lands included within the proposed district are situated. The petition may consist of any number of separate instruments. The petition shall be signed by 25 percent of the cottongrowers or by 25 cottongrowers who grow cotton within the proposed district, whichever is less. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  81. 6053.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    If a petition is received, the board of supervisors must direct the agricultural commissioner to create a register of cotton growers in the proposed district.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6053. Upon receipt of the petition, the board of supervisors shall direct the agricultural commissioner to create a register of all cottongrowers growing cotton within the proposed district describing the net acreage of land devoted to the growing of cotton by each grower. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  82. 6054.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The commissioner must file the cottongrowers register within the later of 60 days after receiving the board of supervisors’ order or March 1, and must also file a report and recommendation on whether cotton pest conditions warrant organizing the district.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6054. The commissioner shall file the cottongrowers register within 60 days of receipt of the order from the board of supervisors or by March 1st, whichever date is the later. The commissioner shall file with the register of cottongrowers a report and recommendation to the board of supervisors on whether conditions of disease, insect, or other pests of cotton warrant the board of supervisors in proceeding with the organization of the district. (Amended by Stats. 1983, Ch. 142, Sec. 21.)
  83. 6055.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    District proponents may file a petition with the board of supervisors within 30 days after the board receives the register of cottongrowers, if the petition has the required signatures.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6055. The proponents of the formation of the district may, within 30 days of the receipt by the board of supervisors of the register of cottongrowers from the agricultural commissioner, file with the board of supervisors a petition for the establishment of the district signed by not less than 50 percent of the cottongrowers who grow not less than 65 percent of the cotton within the proposed district or not less than 65 percent of the cottongrowers who grow not less than 50 percent of the cotton grown within the proposed district. The petition presented to the board of supervisors pursuant to Section 6052 shall satisfy the requirements of this section if it contains the number of signatures required by this section. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  84. 6056.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The board of supervisors must promptly send the petition to the agricultural commissioner, who must examine it and return it with a certificate within 15 days.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6056. Upon receipt of the petition, the board of supervisors shall immediately refer the petition to the agricultural commissioner who shall examine it by reference to the register of cottongrowers, and shall, within 15 days after receiving the petition, return the petition to the board of supervisors with his or her certificate attached thereto certifying from the cottongrowers register that the petition qualifies as valid. The certificate of the agricultural commissioner shall be conclusive as to the sufficiency of the signatures on the petition. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  85. 6057.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The board of supervisors must set a hearing on the petition and publish notice of it in a local newspaper.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6057. At its meeting at which the certificate is received from the agricultural commissioner, or at its next meeting, regular or special, thereafter, the board of supervisors shall by order fix a time and place for hearing the petition, which time shall be not less than 20 days nor more than 40 days from the date of the order, and shall give notice of the hearing by publication of the time and place thereof with a general statement of the purpose of the proposed district, together with a description of the boundaries of the proposed district, once a week for two successive weeks immediately prior to the date fixed for the hearing, in a newspaper of general circulation in the county where the district will be situated. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  86. 6058.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    At the hearing, the board of supervisors must set and describe the district boundaries, hear relevant testimony, decide whether the petition meets this chapter, and record its determination. It may not exclude cotton-growing land that would benefit from the district.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6058. At the hearing, the board of supervisors shall make such changes in the boundaries of the proposed district as they determine to be advisable, and shall determine and describe the boundaries of the district. The board of supervisors shall not modify the boundaries so as to exclude from the district any lands growing or capable of growing cotton which would be benefited by the formation of the district. The board of supervisors shall, at the hearing, hear all competent and relevant testimony, in support of the petition, and in opposition thereto, and shall determine whether the petition complies with the requirements of this chapter. The determination of the board of supervisors shall be entered upon the minutes of the meeting. No defect in the contents of the petition, or in the title to, or form of, the notice or signature, shall vitiate any proceeding thereon if the petition has a sufficient number of qualified signatures attached thereto. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  87. 6059.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The board of supervisors must meet after the hearing, decide whether the evidence is enough, and if so declare the proposed district organized.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6059. The board of supervisors shall, at the next regular or special meeting following the hearing upon the question of the organization of the proposed district, meet and, if it determines that the evidence presented at the hearing was sufficient to warrant the organization of the district, shall, by order entered upon its minutes, declare the district duly organized under the name designated in the petition. The order shall describe the boundaries of the district so that all lands included in it may be known, and a copy of the order shall be filed for record in the office of the county recorder of the county where the district is situated. (Amended by Stats. 1983, Ch. 142, Sec. 22.)
  88. 6060.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The board of supervisors must appoint five directors for the district when the district is organized, and director candidates must meet the stated residency and cotton-growing-related eligibility 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6060. The board of supervisors shall, at the meeting at which the order declaring the district to be organized is made, appoint a board of five directors to administer the affairs of the district. No person shall, at any time, be eligible to hold the office of director of any district unless he or she is a resident of the state, and a cottongrower, either individually or as a joint tenant of, or is a member of a partnership which owns, or is an officer of, a corporation which grows cotton within the district. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  89. 6061.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    Each appointed director must give an official bond, subscribe the oath of office, and ensure the bond and oath are filed with the county clerk.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6061. Each director so appointed shall, in the manner provided by law, give official bond for the faithful performance of his or her duties in the amount which shall be fixed by the board of supervisors, and shall subscribe the oath of office, and the bonds and oaths shall be filed with the county clerk of the county in which the district is situated. From and after the filing for record of the order declaring it organized and the appointment and qualifying of its board of directors, the organization of the district shall be complete. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  90. 6062.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    A cotton pests abatement district may exercise listed powers to manage cotton pest control, property, permits, inspections, and enforcement.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6062. Any cotton pests abatement district organized pursuant to this chapter may do all of the following: (a) Have perpetual succession. (b) Sue and be sued for all actions and proceedings in all courts and tribunals of competent jurisdiction. (c) Adopt a seal and alter it at pleasure. (d) Take by grant, purchase, gift, devise, lease or otherwise, and to hold, use, and enjoy, and to lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers. (e) Prohibit the planting, growing, or maintenance of cotton plants within the boundaries of the district if it determines that such a prohibition is necessary for cotton pest control. (f) Charge fees for permits to plant cotton. The fees shall be used for the purpose of paying any obligation of the district and to accomplish the purposes of the district in the manner herein provided. (g) Make contracts, and to employ, except as otherwise provided herein, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, at such salary, wage, or other compensation as the board of directors shall determine. (h) Eradicate, remove, or prevent the spread of any disease, insect, or other pest injurious to cotton. (i) Eradicate, eliminate, remove, or destroy any cotton plants except those cotton plants which are growing under the conditions established by a valid permit. (j) Enter into or upon any land included in the district for the purpose of inspecting cotton growing thereon. (k) Commence and prosecute appropriate actions to have it adjudged that any cotton plant growing within the district infested with disease, insects, or pests injurious to cotton; or any cotton plant growing within the district without a valid permit; is a public nuisance, and have it decreed that the nuisance be abated. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  91. 6063.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    A five-member board of directors controls each district, directors may be reimbursed for actual and necessary travel expenses tied to board-required duties, and any director’s claim must be approved by three other board members.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6063. The general control and management of each district shall be vested in a board of directors of five members. Directors shall be reimbursed for actual and necessary traveling expenses incurred by them in and about the performance of any duties required by the board of directors to be performed by them for the district. All claims presented by any director shall be subject to the approval of three other members of the board of directors. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  92. 6064.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    Directors serve four-year terms, but the first appointees must immediately choose by lot how their initial terms are staggered.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6064. The term of office of the directors shall be four years, except for those first appointed upon the organization of the district. The first appointees shall, immediately upon their appointment, classify themselves by lot so that the terms of three of them shall expire on the first day of May following the first biennial election of the district and the terms of the other two shall expire on the first day of May following the second biennial election of the district. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  93. 6065.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    If a board of directors seat becomes vacant, the board of supervisors must appoint someone to fill it.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6065. In the event of a vacancy in the board of directors either by resignation, death, or otherwise, the vacancy shall be filled by appointment by the board of supervisors and the person so appointed shall hold office for the remainder of the term of his or her predecessor. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  94. 6066.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    Each district’s board of directors may appoint a district secretary and set the secretary’s compensation.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6066. The board of directors of each district shall have the power to appoint and to fix the compensation of a secretary of the district who shall keep all records and perform such other duties as are ordered by the board of directors. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  95. 6067.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The board of directors must act by resolution unless this chapter provides otherwise, and a resolution needs an affirmative vote of a majority of the board.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6067. Except as otherwise provided by this chapter, all acts of the board of directors shall be by resolution, and the adoption of a resolution shall require the affirmative vote of a majority of the board of directors. (Amended by Stats. 1983, Ch. 142, Sec. 23.)
  96. 6068.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    This section says district powers are additional to other disease, pest, or insect control laws, and district actors must not block state, county, or federal authorities from carrying out eradication, control, or prevention operations in the district.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6068. The powers conferred upon any cotton pests abatement district and its board of directors by the provisions of this chapter shall not be construed to be in lieu of other disease, pest, or insect control statutes, but an addition thereto, and no act of any district or of any of its directors, agents, or employees shall operate to deprive or hinder the duly appointed or designated state, county, or federal authorities in conducting any operation for the eradication or control or prevention of any disease, insect, or pest in the district. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  97. 6069.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The county agricultural commissioner may supervise district pest-control work without charge, must hire needed assistants, and the district must pay those expenses. The board of directors may instead hire a manager and needed personnel.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6069. The agricultural commissioner of the county in which any district is situated, may, without fee or charge, supervise and direct, in accordance with the best known accepted methods as determined by the board of directors, all inspection, eradication, fumigation, and other activities undertaken by the district. The agricultural commissioner shall employ any and all assistants required in and about any such work, and the district shall bear and pay all expenses incurred in and about the work. Alternatively, the board of directors may employ a manager to carry out those duties and may employ such personnel as are necessary. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  98. 6070.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The board of supervisors must direct the agricultural commissioner to file an annual cotton-grower register, and the commissioner must also provide a preliminary estimate for budgeting and, in election years, a copy of the register to the board clerk.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6070. The board of supervisors in every county where a district has been organized and exists under the provisions of this chapter shall direct the agricultural commissioner to file with the board of supervisors on March 1st of each year a register of every cottongrower intending to grow cotton during the growing season immediately following that date, describing the net acreage of land to be devoted to the growing of cotton by each grower. The agricultural commissioner shall submit a preliminary estimate of the information required to be filed on March 1st in order for the board to prepare the district budget. The agricultural commissioner shall submit a copy of the register to the clerk of the board of supervisors during election years. (Amended by Stats. 2002, Ch. 221, Sec. 23. Effective January 1, 2003.)
  99. 6071.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    Each district’s board of directors must prepare and file an annual budget by early February, include certain special-benefit expenditures, may file a revised budget by March 15 if needed, and must also file a copy with the county auditor.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6071. The board of directors of each district shall, on or before the first Monday in February of each year, prepare and file with the board of supervisors of the county in which the district is situated, a budget setting forth all estimated expenditures of the district for the fiscal year commencing on the first day of the month of April of that fiscal year. The budget shall include any estimated expenditures for special benefits which will affect only certain properties. The board of directors may submit the budget or a revised budget to the board of supervisors later than the first Monday in February, but not later than March 15, if necessary in order to properly reflect changes in the acreage involved between the preliminary estimate and the register prepared pursuant to Section 6070 and the costs of programs therefor. A copy of the budget shall, at the same time, be filed with the auditor of the county. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  100. 6072.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    County supervisors may set an annual cotton-permit fee and must issue the permit to qualifying cottongrowers.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6072. The board of supervisors of the county may annually establish a fee for a permit to grow cotton within each cotton pests abatement district situated within the county and shall issue the permit to any cottongrower who satisfies the requirements of this chapter. The board of supervisors shall determine the amount of the fee by dividing the budget by the number of acres which will be devoted to cotton production during the ensuing growing season as reported on the register of cottongrowers submitted to the board of supervisors on March 1st of each year. Special benefits which are included in the budget shall be paid for by an additional permit fee. This additional fee shall be based on the estimated cost of the benefit to be conferred on the specific property. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  101. 6073.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The district’s board must collect permit fees, pay them into the county treasury, reimburse county service costs, and refund unused money at fiscal year end under 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6073. The permit fee shall be entered in the minutes of the board of supervisors who shall advise the board of directors of the district of the fee per acre required for the issuance of a permit. The board of directors shall collect this fee from the applicant for a permit to grow cotton in the district. The fees shall be paid into the county treasury for the use of the district. The board of directors may provide for the method and time of payment of the fees which may be monthly, quarterly, or as otherwise determined to be reasonable. The board of directors may provide for the refund of fees, or appropriate part thereof, collected from growers who have not grown any cotton or have grown less than that for which they have a permit, insofar as such a refund would not adversely affect the programs being conducted by the district. The board of directors shall, at the close of the district’s fiscal year, refund any money not required for continuing programs that remains in the district fund on a pro rata basis to the persons from whom the fees being refunded were collected. The board of directors shall pay the county or counties in which it is located the costs of county services performed at the request of the district. The district shall also reimburse the county or counties for services performed pursuant to Sections 6053, 6054, 6056, 6057, 6058, 6059, 6060, 6070, 6076, 6077, and 6081. Petitioners for the formation of a cotton pest abatement district shall be assessed a fee by the commissioner in the amount necessary to cover any costs incurred as a result of duties performed by the commissioner under this chapter which are preparatory to the formation of a district if a district is not formed. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  102. 6074.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    The county treasurer must hold district money, issue receipts, keep it credited to the district, pay it out only on proper warrants, and report district funds on set quarterly dates.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6074. The treasury of the county shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all of these moneys, and place the same to the credit of the district. Any interest earned on the district funds shall be the property of the district. The treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner herein provided, of all moneys of any such district so held by him or her. The county treasurer shall pay out the moneys of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the president of the board and attested by the secretary. The county treasurer shall report in writing on the first day of July, October, January, and March of each year, to the board of directors of each district in his or her county, the amount of money he or she then holds for the district, the amount of receipts since his or her last report, and the amounts paid out; and each report shall be verified and filed with the secretary of the district to whom it is addressed. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  103. 6075.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    If the board of directors bans cotton planting or related activity in a district, it must notify affected persons within 15 days. A grower may appeal that decision to the board of supervisors within 30 days, and the supervisors may modify or rescind the decision by majority vote.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6075. The board of directors, when prohibiting the planting, growing, or maintenance of cotton plants within the boundaries of the district, shall notify persons affected by this action within 15 days. The grower within 30 days may appeal the decision of the board of directors to the board of supervisors, which may, by a majority decision, modify, or rescind the decision of the board of directors. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  104. 6076.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    This section requires biennial district elections, notice publication, candidate filing, and ballot preparation by the county elections official.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6076. In each cotton pests abatement district, a biennial election shall be held in March of each odd-numbered year by the county elections official of the county in which a majority of the acreage in the district is contained. Notice of the election, and of the offices to be filled, shall be published in a newspaper of general circulation in the county once a week for three successive weeks before the first day of February. At the election a sufficient number of directors shall be elected to fill the places of those directors whose terms expire the first day of April immediately following the election. The county elections official shall make declarations of candidacy available from between 113 and 88 days before the election. Any person eligible for the office of director, desiring to be a candidate for election, shall file a declaration with the county elections official on or before the 88th day before the election. The county elections official shall certify the qualified candidates and have ballots prepared and printed. The election shall be conducted, as nearly as practicable, in accordance with the general election laws of this state. (Amended by Stats. 2002, Ch. 221, Sec. 24. Effective January 1, 2003.)
  105. 6077.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    This section sets out how ballots for the cotton pest abatement district election must be mailed, returned, counted, and canvassed, and gives eligible cottongrowers a vote allocation based on acreage.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6077. The county elections official on or after the 29th day before the election shall mail a ballot, an identification envelope, and a stamped and addressed return envelope to each cottongrower on the register submitted by the agricultural commissioner. The ballot shall indicate the number of votes and the number shall be written on the ballot by the clerk. Each cottongrower appearing on the register shall be entitled to one vote for each acre of cotton for which a valid permit to grow cotton is possessed for each office to be filled, or proposition to be voted upon, at that election. Cumulative voting is not authorized. The ballot shall be printed in substantially the following form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Cotton Pest Abatement District official ballot appears in the hard-copy publication of the chaptered bill. See Sec. 25, Chapter 221, Statutes of 2002 (p. 946). * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The ballot shall be placed in the identification envelope by the voter after the voter has indicated his or her choices. The identification envelope shall be sealed and signed by the voter. The identification envelope shall be returned to the county elections official in the sealed return envelope. Ballots in order to be counted shall be received by the elections official not later than 12 o’clock noon of the first Tuesday after the first Monday in March and the return envelopes containing the ballots shall not be opened until that time. The elections official shall then open the return envelopes and deposit the ballot in its unopened envelope in a ballot box. After deposit of all identification envelopes received, the elections official shall open the ballot box and count the votes cast and certify the results of the election. The returns of the election shall be reported to the board of directors of the district who shall meet on the Monday following the election and canvass the returns. (Amended by Stats. 2002, Ch. 221, Sec. 25. Effective January 1, 2003. Note: See published chaptered bill for complete section text. The Cotton Pest Abatement District official ballot appeared on page 13 of Ch. 221, and now appears on page 946 in Vol. 1 of the 2002 Statutes publication.)
  106. 6078.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    People declared elected must take the oath of office, file their official bonds with the county elections official, and begin office at noon on the first day of April after their election.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6078. The persons declared elected shall take the oath of office and file their official bonds with the county elections official on or before the first day of April following their election and shall take office at noon of that day. (Amended by Stats. 2002, Ch. 221, Sec. 26. Effective January 1, 2003.)
  107. 6079.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    A cotton landowner in the county may petition to have land included in the district, and the district board may include it by order.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6079. Any owner of land devoted to the growing of cotton in the county where the district is situated may file a petition for inclusion in the district with the board of directors of any cotton pests abatement district, and the land may, by order of the board of directors, be included within the district. A certified copy of each order of the board of directors including additional lands within the district shall be filed for record by the secretary of the district in the office of the county recorder of the county immediately upon passage by the board of directors, and each such order shall particularly describe each parcel of land to be included in the district. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  108. 6080.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    Each cotton pests abatement district board must meet at least once a month and set rules for meetings and special meeting notice.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6080. The board of directors of each cotton pests abatement district shall hold a regular meeting at least once each month at the time and place in the district designated by resolution of the board; and the board of directors of each district shall prescribe the rules and regulations for the conduct of its meetings and for calling and giving notice of special meetings of the board. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  109. 6081.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    This section sets the process for dissolving a cotton pests abatement district.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6081. Whenever the board of supervisors, by resolution, desires to dissolve the district, or whenever a petition, signed by not less than 25 percent of the cottongrowers within a district who are engaged in the growing of cotton, requesting the dissolution of the district is presented to and filed with the board of directors of the district, the board of directors shall submit the question of the dissolution of the district to the qualified voters of the district at the next biennial election of the district; provided, however, that the board of directors shall not be required to accept a petition for the dissolution of the district within 10 days preceding any biennial election of a district. If at the election 60 percent of the votes cast are in favor of the dissolution of the district, the directors of the district shall, within 60 days, file for recording in the office of the county recorder of the county a certified copy of an order declaring the district to be dissolved, and cease all activities, and shall proceed immediately to wind up the affairs of the district. The dissolution election procedures shall be the same as those contained in Sections 6076 and 6077. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  110. 6082.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    After 90 days from the election, the board of directors must hand over district property and assets to each county’s agricultural commissioner for cotton production purposes.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6082. At the expiration of 90 days after the election, the board of directors shall deliver on the basis of the ratio of the acreage devoted to cottongrowing in each county in the district all property and assets in their possession belonging to the district to the agricultural commissioner of each county in the district to be held and used for the benefit of cotton production. Any funds which may be in the hands of the county treasurer to the credit of the district or to which the district may thereafter become entitled shall be transferred to the credit of the county in which the district is located and shall be expended by the board of supervisors for the benefit of cotton production. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  111. 6083.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    After a district dissolution election, any claims and accounts not settled within 90 days must be sent to the county board of supervisors, which must handle them like county claims and pay them from the dissolved district’s funds.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6083. All claims and accounts against the district which have not been settled by the board of directors within 90 days after the election authorizing the dissolution of the district shall be presented to the board of supervisors of the county in which the district was located and shall be passed and approved by them in the same manner as county claims and shall be paid out of the funds of the dissolved district. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  112. 6084.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    If funds are insufficient, the board of supervisors must levy a special assessment on cotton acreage benefited by the dissolved district to pay outstanding claims and accounts.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6084. In the event that there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6083, the board of supervisors shall, at the time of levying the next general county taxes, make a special assessment upon the net acreage devoted to the growing of cotton which was benefited from the dissolved district sufficient in amount to discharge all outstanding claims and accounts against the district. Properties which received special benefits for which additional permit fees where paid in the last year of district operation shall have an additional pro rata charge made upon the net acreage affected. (Added by Stats. 1982, Ch. 191, Sec. 2. Effective May 3, 1982.)
  113. 6085.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. )

    Verify source ↗

    This chapter is called the Cotton Pests Abatement District Act.

    ## 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 10. Cotton Pests Abatement Districts [6051 - 6085] ( Chapter 10 added by Stats. 1982, Ch. 191, Sec. 2. ) ## 6085. This chapter shall be known and may be cited as the Cotton Pests Abatement District Act. (Amended by Stats. 1983, Ch. 142, Sec. 24.)
  114. 6101.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article’s definitions control how this chapter is interpreted, unless the context requires otherwise.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6101. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  115. 6102.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Blanks” means caprifigs that do not have Blastophaga insects, or have galls containing Blastophaga insects.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6102. “Blanks” means caprifigs which are devoid of Blastophaga insects or galls that contain Blastophaga insects. (Enacted by Stats. 1967, Ch. 15.)
  116. 6103.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Mamme” crop means the winter crop of caprifigs.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6103. “Mamme” crop means the winter crop of caprifigs. (Enacted by Stats. 1967, Ch. 15.)
  117. 6104.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “matured pollen” as pollen that is powdery and can be dusted or shaken from the anthers in appreciable quantities.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6104. “Matured pollen” means pollen in a powdery condition which can be dusted or shaken out from the anthers in appreciable quantities. (Enacted by Stats. 1967, Ch. 15.)
  118. 6105.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “profichi crops” as caprifig crops that mature in June and July and are used to caprify or pollinate the main crop of Smyrna-type figs.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6105. “Profichi crops” means the crop of caprifigs which matures in June and July and is used to caprify or pollinate the main crop of the Smyrna type of figs. (Enacted by Stats. 1967, Ch. 15.)
  119. 6106.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Spent figs” means caprifigs from which all female Blastophaga insects have issued.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 1. Definitions [6101 - 6106] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 6106. “Spent figs” means caprifigs from which all the female Blastophaga insects have issued. (Enacted by Stats. 1967, Ch. 15.)
  120. 61301.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The definitions in this article apply to the chapter unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61301. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  121. 61302.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “bulk milk” and “bulk cream.”

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61302. “Bulk milk” or “bulk cream” means milk or cream, respectively, which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other consumer packages, and which is handled or delivered, in bulk, in tanks, cans, or other bulk containers. For this purpose, skim milk or cream which has been preheated or pasteurized not more than once, as provided in Section 34004 or 34005 of this code, and is handled or delivered in bulk is not pasteurized. (Enacted by Stats. 1967, Ch. 15.)
  122. 61303.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “consumer” as a person who buys milk, cream, or another dairy product for consumption, not for resale.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61303. “Consumer” means any person that buys milk, cream, or any dairy product for consumption and not for resale. (Enacted by Stats. 1967, Ch. 15.)
  123. 61304.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says “Cream” means whatever Section 32504 defines it to mean.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61304. “Cream” has the meaning of that term as defined in Section 32504. (Enacted by Stats. 1967, Ch. 15.)
  124. 61305.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Dairy product” is defined to include several listed dairy classes and products, including certain frozen products, butter, pasteurized process cheese, and some filled or imitation milk products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61305. “Dairy product” means any product classified as Class 1 or Class 2 under Section 61932, 61933, or 61936; any frozen product or frozen product mix classified as Class 3 under Section 61934; any product classified as Class 4b under subdivision (b) of Section 61935; butter; pasteurized process cheese; and any filled product or any imitation milk product in which the use of market milk or any component of market milk is required by Section 38925. This definition applies to the designated products whether processed or manufactured in the state or outside of the state and irrespective of the classification of those products at a point of origin outside the state. (Amended by Stats. 1990, Ch. 58, Sec. 1.)
  125. 61306.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Distributor” is defined to include handlers and certain related persons, and to exclude certain wholesale customers and producers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61306. (a) “Distributor” means any handler, as defined in Section 61826, and includes brokers and agents and the nonprofit cooperative associations described in Article 2 (commencing with Section 61331) of this chapter in the transactions in which such article provides that the associations are distributors. It also includes both of the following: (1) Any person who regularly operates mobile vehicles on routes predominantly for sales of market milk, market cream, or dairy products on such routes to wholesale customers. (2) A wholesale customer only as to milk, cream, or any dairy product that is actively and directly processed, manufactured, or packaged by such wholesale customer. (b) Distributor does not, however, include any of the following: (1) Any wholesale customer which is not actively and directly engaged in manufacturing, processing, or packaging milk, cream, or any dairy product. (2) Any producer that delivers milk or cream only to a distributor or manufacturer. (Amended by Stats. 1982, Ch. 751, Sec. 1.)
  126. 61306.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “educational and research activities” as efforts to improve dairy producers’ and processors’ management practices, including environmental sustainability practices.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61306.5. “Educational and research activities” means any effort to develop and improve the management practices of dairy producers and processors, including, but not limited to, practices associated with the environmental sustainability of land, air quality, and water quality. (Added by Stats. 2016, Ch. 260, Sec. 5. (AB 1894) Effective January 1, 2017.)
  127. 61307.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Manufacturing milk” is defined by reference to Section 32509.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61307. “Manufacturing milk” has the meaning of that term as defined in Section 32509. (Added by renumbering Section 61401 by Stats. 1996, Ch. 759, Sec. 18. Effective January 1, 1997.)
  128. 61307.2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “manufacturing milk handler.”

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61307.2. “Manufacturing milk handler” means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise acquires ownership, possession, or control of manufacturing milk in unprocessed or bulk form from a producer, a producer-handler, or another manufacturing milk handler for the purpose of manufacture, processing, sale, or other handling, regardless of whether the manufacturing milk is produced within or outside this state. (Added by renumbering Section 61402 by Stats. 1996, Ch. 759, Sec. 19. Effective January 1, 1997.)
  129. 61307.4.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “manufacturing milk plant” as a place, structure, or building where a handler receives manufacturing milk.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61307.4. “Manufacturing milk plant” means any place, structure, or building where a handler receives manufacturing milk. (Added by renumbering Section 61403 by Stats. 1996, Ch. 759, Sec. 20. Effective January 1, 1997.)
  130. 61308.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Manufacturer” means a person engaged in the business of manufacturing dairy products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61308. “Manufacturer” means any person that is engaged in the business of manufacturing any dairy product. (Enacted by Stats. 1967, Ch. 15.)
  131. 61309.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Market milk” means the term as defined in Section 32510.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61309. “Market milk” has the meaning of that term as defined in Section 32510. (Enacted by Stats. 1967, Ch. 15.)
  132. 6131.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner must enforce this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6131. The commissioner shall enforce this chapter. (Enacted by Stats. 1967, Ch. 15.)
  133. 61310.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Market cream” is defined by reference to Section 35811.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61310. “Market cream” has the meaning of that term as defined in Section 35811. (Enacted by Stats. 1967, Ch. 15.)
  134. 61311.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says “Milk” means whatever Section 32511 defines that term to mean.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61311. “Milk” has the meaning of that term as defined in Section 32511. (Enacted by Stats. 1967, Ch. 15.)
  135. 61312.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “packaged milk,” “packaged cream,” and “packaged dairy product” as specified dairy products packaged for sale in consumer packages.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61312. “Packaged milk,” “packaged cream,” or “packaged dairy product” means market milk, market cream, or any dairy product, respectively, which is packaged in cartons, bottles, dispenser cans, or other consumer packages for sale to wholesale customers or consumers. (Amended by Stats. 1982, Ch. 751, Sec. 2.)
  136. 61313.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “person” for this part of the code.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61313. “Person” means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit or organization. (Amended by Stats. 1994, Ch. 1010, Sec. 129. Effective January 1, 1995.)
  137. 61314.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “producer” for dairy marketing rules.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61314. “Producer” means any person that operates a dairy herd which produces milk or cream commercially and whose bulk milk or bulk cream is received or handled by any distributor, manufacturer, or any nonprofit cooperative association of producers. It includes the nonprofit cooperative associations described in Article 2 (commencing with Section 61331) of this chapter in the transactions in which such article provides the associations are producers. (Enacted by Stats. 1967, Ch. 15.)
  138. 61315.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “producer-distributor” for milk and dairy products.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61315. “Producer-distributor” means any person that is both a producer of milk or cream and a distributor of milk, cream, or any dairy product. For the purpose of this chapter, a “producer-distributor” is a producer in any transaction which involves the delivering of bulk milk or bulk cream produced by him to a distributor, manufacturer, or any nonprofit cooperative association of producers, and is a distributor in any transaction which involves the pasteurization of bulk market milk or bulk market cream, or the packaging of such milk or cream in bottles, cartons, dispenser cans, or other consumer packages, or the sale or delivery of packaged milk, packaged cream, or packaged diary products. (Enacted by Stats. 1967, Ch. 15.)
  139. 61316.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says “restricted use market milk” means what Section 32516.5 defines it to mean.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61316. “Restricted use market milk” has the meaning of that term as defined in Section 32516.5. (Added by Stats. 1996, Ch. 759, Sec. 21. Effective January 1, 1997.)
  140. 61317.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Wholesale customer” means a non-distributor that buys packaged milk, cream, or any dairy product to resell to consumers or other wholesale customers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [61301 - 61317] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 61317. “Wholesale customer” means any person other than a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other wholesale customers. (Amended by Stats. 1982, Ch. 751, Sec. 4.)
  141. 6132.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The commissioner may enter places where caprifigs are handled or sold, inspect them, seize caprifigs as evidence if they violate this chapter, and prosecute violations.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6132. The commissioner may enter any place where caprifigs are produced, packed, stored, shipped, delivered for shipment, or sold, and inspect them. He may seize and hold for evidence any caprifigs which are packed, shipped, delivered for shipment, or sold in violation of any provision of this chapter, and prosecute actions for any such violation. (Enacted by Stats. 1967, Ch. 15.)
  142. 6133.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    County boards of supervisors may accept money donated or contributed for enforcing this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6133. The board of supervisors of any county may receive and accept on behalf of the county, any contribution or donation of money from a person or from any agency of this state or of the United States for the purpose of enforcing this chapter. Any money which is so received shall be credited to the budget of the commissioner and shall be expended solely for such enforcement. (Enacted by Stats. 1967, Ch. 15.)
  143. 61331.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Nonprofit Cooperative Associations [61331 - 61333] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A qualifying nonprofit cooperative association counts as a producer for specified dairy-related transactions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Nonprofit Cooperative Associations [61331 - 61333] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 61331. For the purposes of this chapter, a nonprofit cooperative association which is organized and existing under Chapter 1 (commencing with Section 54001) of Division 20 of this code, that acts for producers, including members and any nonmembers of the association, to whom it accounts on a patronage basis, is a producer in any of the following transactions: (a) Any transaction which involves its receipt or handling of bulk market milk, bulk market cream, or any bulk dairy product which was produced or delivered by such producers. (b) Any transaction which involves the sale or delivery of bulk market milk, bulk market cream, or any bulk dairy product to any producer, distributor, manufacturer, or other nonprofit cooperative association of producers. (c) The receipt by it of payment for bulk market milk, bulk market cream, or any bulk dairy product which was produced or delivered by such producers. (d) Any transaction in connection with accounting to such producers for the proceeds derived from the sale or marketing of market milk, market cream, or any dairy product whether packaged or in bulk. (Enacted by Stats. 1967, Ch. 15.)
  144. 61332.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Nonprofit Cooperative Associations [61331 - 61333] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says certain nonprofit cooperative associations are treated as distributors for chapter purposes in specified dairy transactions.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Nonprofit Cooperative Associations [61331 - 61333] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 61332. For the purposes of this chapter, a nonprofit cooperative association which is organized and existing under Chapter 1 (commencing with Section 54001) of Division 20 of this code, that acts for producers, including members and any nonmembers of the association, to whom it accounts on a patronage basis, is a distributor in any transaction which involves the receipt by it of market milk, market cream, or any dairy product from any person other than a producer to whom it accounts on a patronage basis and in any transaction which involves the pasteurization of bulk milk or bulk cream, or the packaging of it in bottles, cartons, dispenser cans, or other consumer packages, or the sale or delivery of packaged milk, packaged cream, or any packaged dairy product. (Enacted by Stats. 1967, Ch. 15.)
  145. 61333.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Nonprofit Cooperative Associations [61331 - 61333] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A nonprofit cooperative association uses patronage-based accounting for producers based on each producer’s share of net marketing proceeds.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Nonprofit Cooperative Associations [61331 - 61333] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 61333. A nonprofit cooperative association accounts to producers on a patronage basis when it accounts to each producer for his share of the net proceeds derived from the marketing operations of the association, according to quantity and quality of fluid milk and fluid cream furnished to the association for marketing and according to any marketing pools and quotas established by the association. (Enacted by Stats. 1967, Ch. 15.)
  146. 6134.

    ## 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 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not interfere with enforcement of any provision in this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Caprifigs and Caprifig Trees [6101 - 6177] ( Heading of Chapter 11 renumbered from Chapter 10 by Stats. 1982, Ch. 191, Sec. 1. ) ## ARTICLE 2. Enforcement [6131 - 6134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 6134. It is unlawful for any person to willfully or otherwise interfere with the enforcement of any provision of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  147. 61341.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt regulations to administer and enforce this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 61341. The director may adopt regulations for the proper administration and enforcement of the provisions of this chapter. Any violation of any such regulation is subject to the remedies, procedures, and penalties which are provided in Article 10 (commencing with Section 61571) of this chapter. (Amended by Stats. 1979, Ch. 1025.)
  148. 61342.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says Chapter 1 should be read broadly as complementary and supplemental to Chapter 2, and Chapter 2 controls when both apply to the same person and subject matter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 61342. The provisions of this chapter shall be liberally construed as being complementary of, and supplemental to, the provisions of Chapter 2 (commencing with Section 61801) of this part. If a provision of this chapter and a similar provision of Chapter 2 is applicable to the same person and subject matter the provisions of Chapter 2 shall control. If a provision of this chapter is applicable to any person and subject matter as to which Chapter 2 makes no express provision, the provision of this chapter shall control. (Enacted by Stats. 1967, Ch. 15.)
  149. 61343.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People and subject matter covered by this chapter are exempt from the Unfair Practices Act.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 61343. Any person and subject matter to which this chapter is applicable is not subject to the provisions of the Unfair Practices Act, Chapter 4 (commencing with Section 17000), Part 2, Division 7 of the Business and Professions Code. (Amended by Stats. 1976, Ch. 1079.)
  150. 61344.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter must be read liberally, and if part of it is later held unconstitutional or invalid, the rest remains effective.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 61344. This chapter shall be liberally construed. If any article, section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid as applied to any person or as applied under certain circumstances, that decision shall not affect the validity of the remaining provisions of this chapter or the application of this chapter to any other person or under any other circumstances. The Legislature hereby declares that it would have enacted each article, section, subdivision, sentence, clause, or phrase of this chapter regardless of the fact that one or more other articles, sections, subdivisions, sentences, clauses, or phrases are declared unconstitutional or invalid. (Added by Stats. 1987, Ch. 156, Sec. 1. Effective July 10, 1987.)
  151. 61345.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says later milk-law chapters are meant to work together as one scheme, and if part of one chapter is invalid, the rest still stands.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. General Provisions [61341 - 61345] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 61345. (a) Chapter 2 (commencing with Section 61801), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being complementary of, and supplemental to, this chapter, and these chapters shall constitute a single comprehensive scheme for the regulation of the production and handling of milk and related educational and research activities. However, each of the chapters, and each article, section, subdivision, sentence, clause, and phrase of each chapter is severable. (b) If one of the chapters or any article, section, subdivision, sentence, clause, or phrase of any one of the chapters is for any reason held void, invalid, or unconstitutional, the decision shall not affect the validity of any other chapter or any of its articles, sections, subdivisions, sentences, clauses, or phrases. (Amended by Stats. 2016, Ch. 260, Sec. 6. (AB 1894) Effective January 1, 2017.)
  152. 61381.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. )

    Verify source ↗

    False or misleading advertising of milk, cream, or any dairy product is an unlawful practice.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. ) ## 61381. Any false or misleading advertising, as defined in Sections 32914 and 36062 of this code, and Sections 17500, 17501, and 17502 of the Business and Professions Code, of milk, cream, or any dairy product is an unlawful practice. (Amended by Stats. 1982, Ch. 751, Sec. 10.)
  153. 61382.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. )

    Verify source ↗

    Price discrimination for certain milk, cream, and dairy product sales is unlawful when it may substantially reduce competition or harm competition.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. ) ## 61382. Discrimination in price between distributors or between wholesale customers, or between consumers, that purchase milk, cream, or any dairy product of like grade and quality under like conditions of service if the effect of that discrimination may be substantially to lessen competition or to injure or destroy or prevent competition with the person that either grants or knowingly receives the benefit of the discrimination is an unlawful practice. This section does not, however, prevent differentials which make only due allowance for differences in the cost of the raw product which is used in the milk, cream, or dairy product, or the cost of manufacture, processing, sale, or delivery which results from the different methods or quantities in which the commodities are manufactured, processed, sold, or delivered. (Amended by Stats. 1982, Ch. 751, Sec. 11.)
  154. 61383.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. )

    Verify source ↗

    Selling, offering to sell, or giving an article below cost in a milk or dairy transaction to keep or win business is an unlawful practice.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. ) ## 61383. The sale or offer to sell or giving of any article in any transaction which involves the sale or disposal of milk, cream, or any dairy product, for less than the cost of the article, as “cost” is defined in Section 61384, to secure or retain the milk, cream, or dairy products business of any wholesale customer or any person that buys as a consumer is an unlawful practice. (Amended by Stats. 1982, Ch. 751, Sec. 12.)
  155. 61384.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. )

    Verify source ↗

    Selling milk, cream, or dairy products below cost is unlawful, with limited exceptions and a procedure-setting role for the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. ) ## 61384. (a) The sale by any retailer, wholesale customer, manufacturer, or distributor, including any producer-distributor or nonprofit cooperative association acting as a distributor, of milk, cream, or any dairy product at less than cost is an unlawful practice. This subdivision applies to finished products, and does not apply to sales of bulk milk between handlers. (b) For purposes of this section, the following terms have the following meanings: (1) “Cost,” as applied to manufacturers and distributors, means the total consideration paid or exchanged for raw product, plus the total expense incurred for manufacturing, processing, handling, sale, and delivery. (2) “Cost,” as applied to wholesale customers, means the invoice price charged to the wholesale customer, or the expense of replacement, whichever is lower, plus the wholesale customer’s cost of doing business. (3) “Cost of doing business,” as applied to wholesale customers, means a wholesale customer’s total operating expense divided by the customer’s total sales income. (4) “Total consideration paid or exchanged for raw product,” in the case of market milk or market cream used in the manufacture of Class I products as defined pursuant to Sections 1051.40 and 1051.42 of Title 7 of the Code of Federal Regulations means the current announced regulated minimum price of Class I milk, skim, or cream, payable by handlers to producers as provided in Sections 1051.50, 1051.51, and 1051.52 of Title 7 of the Code of Federal Regulations. (c) Proof of cost, based on audits or surveys conducted in accordance with generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board, and modified, if necessary, to satisfy the requirements of this section, shall establish a rebuttable presumption of that cost at the time of the transaction of any sale. This presumption is a presumption affecting the burden of proof, but it does not apply in a criminal action. (d) Nothing in this section shall be deemed to prohibit any of the following activities: (1) The meeting, in good faith, of a lawful competitive price or a lawful competitive condition. (2) A distributor’s action in making conditional sales of equipment or other property, extending credit for merchandise purchased, or paying a customer’s obligations not otherwise prohibited by this chapter to another distributor in connection with the transfer of the customer’s business from the latter to the former. (e) The secretary shall establish, by regulation pursuant to Section 61341, the procedures that shall be used to make the determinations required by this section, including the following: (1) Any modifications to the generally accepted accounting principles described in subdivision (c) necessary to satisfy the requirements of this section. (2) Procedures for evaluating efforts to meet lawful competitive prices or conditions. (3) Other procedures necessary or appropriate to facilitate the application or enforcement of this section. (Amended by Stats. 2021, Ch. 371, Sec. 3. (AB 425) Effective January 1, 2022.)
  156. 61385.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. )

    Verify source ↗

    A wholesale customer, consumer, or someone acting for them must not knowingly make false price claims about a competitor’s milk, cream, or dairy products to a distributor or manufacturer.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. ) ## 61385. Any false statement or representation which is knowingly made, by any wholesale customer or consumer, or anyone that is acting on the behalf of either, to any distributor or manufacturer, or any representative of a distributor or manufacturer, that a competitor of the distributor or manufacturer has offered or is offering to sell, or is selling milk, cream, or any dairy product to the wholesale customer or consumer at a lower price than the manufacturer or distributor has offered or is offering to sell, or is selling it is an unlawful practice. (Amended by Stats. 1982, Ch. 751, Sec. 14.)
  157. 61391.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. )

    Verify source ↗

    People who help arrange or carry out unlawful practices in this article, or use misrepresentation, threats, intimidation, or boycotts to do so, can be subject to chapter penalties.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Unlawful Practices [61381 - 61391] ( Heading of Article 4 amended by Stats. 1982, Ch. 751, Sec. 5. ) ## 61391. Solicitation by, or collusion or joint participation between or among, any manufacturer, distributor, producer, wholesale customer, consumer, or any representative of any of them, to commit any of the unlawful practices which are prescribed in this article, or the use of any misrepresentation, threat, intimidation, or boycott to effectuate the commission of those unlawful practices, makes any person that participates in those unlawful practices subject to the penalties of this chapter. (Amended by Stats. 1984, Ch. 626, Sec. 1.)
  158. 61400.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The Legislature states that unfair payment practices in manufacturing milk purchases have developed and that a payment bond and payment schedule are needed in certain circumstances.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61400. It is recognized by the Legislature that unfair and disruptive practices have developed concerning the purchasing of manufacturing milk, as defined in Section 32509, including the failure to pay, or the making of late payments, to producers of manufacturing milk. Such practices tend to disrupt and interfere with the purposes of this chapter by, among other things, creating an unfair advantage to purchasers of manufacturing milk used for manufacturing purposes over purchasers of market milk used for manufacturing purposes. It is necessary, in order to more fully achieve the purposes of this chapter, to provide for the requirement of a payment bond and a schedule for payment concerning purchases of manufacturing milk in certain circumstances. (Added by Stats. 1981, Ch. 690, Sec. 1.)
  159. 61404.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Each manufacturing milk handler must provide the bond required by this article.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61404. The bond provided for in this article is required for each manufacturing milk handler. (Amended by Stats. 1987, Ch. 156, Sec. 3. Effective July 10, 1987.)
  160. 61405.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Manufacturing milk handlers must post and deliver a surety bond to the secretary before buying milk from a producer; the bond amount depends on the handler’s plant count and purchase volume.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61405. (a) Every manufacturing milk handler that operates only one plant within the state, before purchasing any manufacturing milk from a producer, shall execute and deliver to the secretary a surety bond, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The amount of the bond shall be based upon the average daily quantity of manufacturing milk purchased by the handler during any calendar month during a calendar year. The minimum amount of the bond shall be as follows: (1) Five thousand dollars ($5,000) for any handler that purchases an average daily quantity of less than 1,000 gallons. (2) Ten thousand dollars ($10,000) for any handler that purchases an average daily quantity of at least 1,000 gallons but less than 4,000 gallons. (3) Fifteen thousand dollars ($15,000) for any handler that purchases an average daily quantity of at least 4,000 gallons but less than 8,000 gallons. (4) Twenty thousand dollars ($20,000) for any handler that purchases an average daily quantity of 8,000 gallons or more. (b) Every manufacturing milk handler that operates more than one plant within the state, before purchasing any manufacturing milk from a producer, shall execute and deliver to the secretary a surety bond, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond shall be a single bond covering all plants within the state and shall be in an amount determined by multiplying twenty thousand dollars ($20,000) by the number of plants operated by the handler in the state. (c) Any milk purchase agreement between a handler and a producer may provide for surety bonds, guarantees, or other forms of security in addition to the bonding requirements in this article. (Amended by Stats. 2004, Ch. 70, Sec. 1. Effective January 1, 2005.)
  161. 61405.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If a handler buys more manufacturing milk during the license year and goes over the bonded amount, the handler must immediately post an additional bond.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61405.1. If any handler increases his or her purchases of manufacturing milk during the license year so that the purchases exceed the amount for which the handler is bonded, the handler shall immediately post an additional bond as may be required to comply with this article. (Added by Stats. 1987, Ch. 156, Sec. 5. Effective July 10, 1987.)
  162. 61406.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    A required milk bond must be in a director-approved form and must secure payment of amounts owed to producers.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61406. The bond required by Section 61405 shall be in a form approved by the director, and shall be conditioned upon the payment in the manner that is required by the terms of purchase between the manufacturing milk handler and the producer of all amounts due to producers for manufacturing milk purchased by the licensee or applicant during the license year. The bond shall be to the state in favor of every producer of manufacturing milk. (Added by Stats. 1981, Ch. 690, Sec. 1.)
  163. 61407.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If a handler does not pay producers as required, the director must quickly identify the unpaid producers and amounts owed and ask them to file verified claims.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61407. If a handler fails to pay any producer or producers in the manner that is required by this chapter, the director shall proceed forthwith to ascertain the names and addresses of all the producers that the handler has failed to pay, together with the amounts due and owing to them and each of them by the handler, and shall request all of those producers to file a verified statement of their respective claims with the director. The producer need only verify that he or she is owed an amount by the handler. The actual amount in that case may be ascertained by the director. (Added by Stats. 1981, Ch. 690, Sec. 1.)
  164. 61407.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The director must bring an action on the bond after determining producer claims. A producer who is dissatisfied with the director’s determination may intervene in that action to have the correct claim amount and claim ratio decided.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61407.1. (a) After determining the claims of the producers pursuant to Section 61407, the director shall bring an action on the bond on behalf of the producers. (b) Any producer not satisfied with the amount of the producer’s claim as determined by the director, or with the ratio the producer’s claim bears to all claims against the bond as determined by the director, may intervene in an action commenced upon the bond so that the correct amount of his or her claim and the ratio it bears to all the claims may be adjudicated. (Added by Stats. 1987, Ch. 156, Sec. 6. Effective July 10, 1987.)
  165. 61407.2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If bond recovery is not enough to pay all finally determined claims, the recovered amount must be shared pro rata among producer-creditors.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61407.2. If the recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, the amount recovered shall be divided pro rata among the producer-creditors. (Added by Stats. 1987, Ch. 156, Sec. 7. Effective July 10, 1987.)
  166. 61407.3.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    A handler’s payments to a producer must be credited first to interest, then to principal.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61407.3. Payments by a handler to a producer, for the purposes of any action on a handler’s bond for any year, shall be credited first to interest and then to principal due, owed, and unpaid. Amounts to be applied to the principal shall be applied first to the amount owed for the most recent deliveries and then successively, in descending order, to the amounts owed to the next most recent deliveries. (Added by Stats. 1987, Ch. 156, Sec. 8. Effective July 10, 1987.)
  167. 61407.4.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The director may sue a surety bond company if it does not promptly handle a bond demand, investigate and process claims, settle claims fairly, or pay the bond amount.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61407.4. (a) The director may bring an action against a surety bond company if the company fails to do any of the following: (1) Acknowledge promptly and act reasonably upon receiving a bond demand from the director. (2) Promptly investigate and process claims. (3) Make fair and equitable settlement of claims. (4) Pay the bond amount to the director. (b) The authority provided in subdivision (a) is in addition to the authority provided for in subdivision (h) of Section 790.03 of the Insurance Code. (c) In addition to the bond proceeds, the surety bond company may be ordered to pay interest at the prevailing prime rate on the amounts owed from the date the claim was filed, all of the department’s court costs, and reasonable attorney’s fees. (Amended by Stats. 1987, Ch. 1074, Sec. 2. Effective September 24, 1987.)
  168. 61408.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If a manufacturing milk handler fails to pay producers as required, the director may require a new or additional bond. If a new bond is not filed within 10 days after notice, the handler’s license may be revoked or suspended.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61408. If a manufacturing milk handler fails to pay any producer in the manner that is required by this chapter, the director may require the filing of a new or additional bond in the amount determined by the director to be sufficient to satisfy claims for the payment of producers thereafter supplying manufacturing milk to the manufacturing milk handler. The failure of a manufacturing milk handler to have filed a new bond within 10 days after notice from the director constitutes grounds for the revocation or suspension of the manufacturing milk handler’s license of the manufacturing milk handler. (Amended by Stats. 1987, Ch. 156, Sec. 10. Effective July 10, 1987.)
  169. 61409.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Manufacturing milk handlers must execute and deliver the bond required by this article, and must post any additional bond required.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61409. The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this article is a violation of this chapter. The failure of any handler to post any additional bond as may be required is also a violation of this chapter. (Amended by Stats. 1987, Ch. 1074, Sec. 3. Effective September 24, 1987.)
  170. 61410.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    A manufacturing milk handler who buys milk from producers must execute and deliver the required bond, and any handler may have to post an additional bond if required; failure can lead to suspension, revocation, or refusal of the license.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61410. The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this article shall constitute grounds for suspension, revocation, or refusal of the manufacturing milk handler’s license. The failure of any handler to post any additional bond as may be required to comply with this article shall also be grounds for suspension, revocation, or refusal of the license pursuant to these procedures. (Amended by Stats. 1985, Ch. 446, Sec. 2.)
  171. 61411.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Buying more than 1,000 gallons a month of manufacturing milk requires a written contract, and the producer must file a signed copy with the director within five days after execution.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61411. Except as otherwise provided in Section 61411.2 or 61411.3, the purchase of any manufacturing milk in excess of 1,000 gallons monthly from any manufacturing milk producer without a written contract that has been executed and complies with all the requirements of this article is an unlawful practice. The contract shall include all of the following: (a) The amount of manufacturing milk which is to be purchased for any period. (b) The price to be paid for all manufacturing milk received. (c) The date and method of payment for the manufacturing milk. Payment shall be made for the amount of the manufacturing milk delivered during the first 15 days of any calendar month not later than the first day of the next following month and for the amount delivered during the remainder of the month not later than the 15th day of the next following month. (d) The charges for transportation, if hauled by the handler, which shall be the lower of either of the following: (1) A rate not in excess of the rate charged for actual or reasonably similar services by highway carriers, as the term “highway carrier” is defined in Section 3511 of the Public Utilities Code. (2) The actual amount paid by a handler for that transportation. The contract may contain any other provisions that are not in conflict with this chapter. A signed copy of the contract shall be filed by the producer with the director within five days of the date of its execution. This section does not apply to the purchase of milk which does not meet market milk standards in Chapter 2 (commencing with Section 35751) of Part 2 of Division 15, when the milk has been processed on a dairy farm that held a valid market milk permit during the 30-day period preceding the purchase. (Amended by Stats. 1991, Ch. 1101, Sec. 1.)
  172. 61411.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    A producer’s excess manufacturing milk production under Section 61411 contracts is voluntary, and it cannot be required as a contract condition.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61411.1. The production of manufacturing milk in excess of amounts to be purchased under contracts executed pursuant to Section 61411 shall be voluntary on the part of the producer and shall not be a condition, oral or written, of the execution or renewal of any contract. (Repealed and added by Stats. 1986, Ch. 227, Sec. 4.)
  173. 61411.2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Section 61411 does not apply to certain emergency purchases of manufacturing milk within stated monthly limits, and payment timing is set unless a pooling plan provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61411.2. Section 61411 does not apply to the purchase of manufacturing milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage in the supply of a handler if the quantity purchased from any one producer does not exceed 5,000 gallons in any one month. However, if the producer is a cooperative association acting as a producer, the total quantity purchased shall not exceed 30,000 gallons per month. For a single transaction between a producer and handler, payment shall be made for the amount of milk delivered during the first 15 days of any calendar month not later than the first day of the next following month and payment shall be made for the amount of milk delivered during the remainder of the month not later than the 15th day of the next following month, unless the milk is subject to a pooling plan as authorized in Chapter 3 (commencing with Section 62700) and the pooling plan provides for different dates and methods of payment, in which case the date and method of payment for the milk shall be as provided for in the pooling plan. (Amended by Stats. 1991, Ch. 1101, Sec. 2.)
  174. 61411.3.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Section 61411 does not apply to manufacturing milk bought under cash-on-delivery terms.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61411.3. Section 61411 does not apply to manufacturing milk purchased under cash-on-delivery terms. (Added by Stats. 1987, Ch. 156, Sec. 14. Effective July 10, 1987.)
  175. 61411.4.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    A producer may void a contract with a handler for 45 days after certain payment or compliance failures.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61411.4. Any contract between a producer and a handler shall be voidable by the producer for a 45-day period following the occurrence of either of the following: (a) The handler has failed to pay the producer the full price specified in the contract or has failed to comply with the terms specified in subdivision (c) of Section 61411, and the failure has not been corrected by the handler within one business day after notification by the producer or director. The 45-day period shall commence on the day after the payment was due. (b) The handler has failed on three separate occasions within a 12-month period to pay the producer the full price specified in the contract or has failed to comply with the terms specified in subdivision (c) of Section 61411. The 45-day period shall commence on the day after the third occurrence. (Amended by Stats. 1987, Ch. 1074, Sec. 6. Effective September 24, 1987.)
  176. 61411.5.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If the director issues a notice that future deliveries to a handler are not covered by the Milk Producers Security Trust Fund, producers may void their contracts with that handler.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61411.5. If a notice has been issued by the director that the future deliveries to the handler shall not be covered under the Milk Producers Security Trust Fund created pursuant to Chapter 2.5 (commencing with Section 62500), all contracts between producers and the handler are voidable by the producers. Producers shall have the option to void their contracts for a 45-day period from the date the notice is issued or until the date the director establishes for reinstatement of the handler’s eligibility under the trust fund, whichever is later. (Amended by Stats. 1987, Ch. 1074, Sec. 7. Effective September 24, 1987.)
  177. 61412.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Milk handlers who receive manufacturing milk must deduct an assessment and, if they purchase or handle manufacturing milk from producers, pay a fee, both based on hundredweight amounts, and pay the amounts to the secretary by the 45th day after the relevant month ends.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61412. (a) (1) Every milk handler who receives manufacturing milk subject to this article shall deduct as an assessment from payments made to producers for manufacturing milk the sum of one and two-tenths cents ($0.012) per hundredweight of manufacturing milk. (2) The amount of the assessments deducted pursuant to paragraph (1) shall be paid to the secretary on or before the 45th day following the last day of the month during which the manufacturing milk was received. (b) (1) Every milk handler who receives manufacturing milk subject to this article that purchases or handles manufacturing milk from producers shall pay a fee of six-tenths of one cent ($0.006) per hundredweight of manufacturing milk. (2) The amount of the fee shall be paid to the secretary on or before the 45th day following the last day of the month in which the manufacturing milk was received. (c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter. (Amended by Stats. 2016, Ch. 260, Sec. 7. (AB 1894) Effective January 1, 2017.)
  178. 61413.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The director may lower and later adjust certain assessments or fees, if administration can be covered by the lower revenue, but the assessment-to-fee ratio must always stay two to one.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61413. The director may fix the rates of assessments or fees required by Section 61412 at lesser amounts, and may adjust the rates of assessments or fees from time to time, whenever he or she finds that the cost of administering this article can be defrayed from revenues derived from the lower rates, provided that the rate of assessments deducted from payments to producers for manufacturing milk and the rate of fees paid by manufacturing milk handlers shall at all times be in the ratio of two to one. (Added by Stats. 1981, Ch. 690, Sec. 1.)
  179. 61414.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    A person who owes an assessment or fee under this article must pay the director by the date in Section 61412.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61414. (a) Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom the assessment or fee or either of them is payable and shall be due and payable to the director upon the date set forth in Section 61412. If the person does not pay the assessment or fee or either of them upon the required date, the director may file a complaint against that person in a state court of competent jurisdiction for the collection of the assessment or fee or either of them. (b) If any such person does not pay to the director the assessments or fees or either of them provided for in this article, on or before the date specified in Section 61412, the director may add to the unpaid assessments or fees or either of them an amount not exceeding 10 percent of the unpaid assessment or fees or either of them to defray the cost of enforcing the collection of the unpaid assessments or fees or either of them. (Added by Stats. 1981, Ch. 690, Sec. 1.)
  180. 61415.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    A handler must pay for manufacturing milk delivered to it, according to the time and manner stated in the producer contract.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61415. The failure of any handler to pay for manufacturing milk delivered to the handler at the time and in the manner specified in the contract with the producer is an unlawful trade practice. (Added by Stats. 1983, Ch. 857, Sec. 2.)
  181. 61415.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    Handlers must pay producers by check or cash, and cash payments require a dated, signed receipt kept in the handler’s permanent records. If payment is by check, the check must be cashable by the producer within one business day.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61415.1. (a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers in cash shall, in all cases, obtain a dated, signed receipt from each producer. These receipts shall be made a part of the permanent records of the handler. Handlers paying by check shall issue checks which are reduceable to cash by the producer in no more than one business day. (b) The giving of a promissory note is not payment within the meaning of this chapter. (Amended by Stats. 1987, Ch. 1074, Sec. 8. Effective September 24, 1987.)
  182. 61415.2.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If a handler pays manufacturing milk late, the handler must pay interest to the producer. In some cases with no contract or a single transaction, the handler must pay interest to the department instead.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61415.2. (a) If a handler does not pay for manufacturing milk delivered to him or her at the time and in the manner specified in the contract, the handler shall pay the producer interest on the unpaid amount from the time the payment was due until paid at the rate of 12 percent per annum. The interest is in addition to any other penalties provided in this chapter. (b) If there is no contract for the delivery of milk to the handler or the delivery was made as a single transaction between the producer or handler, the handler shall pay the department interest on the unpaid amount from the time the payment was due until paid at the interest rate specified in subdivision (a). The interest is in addition to any other penalties provided in this chapter. (Amended by Stats. 1991, Ch. 1101, Sec. 3.)
  183. 61415.3.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If a handler does not pay for manufacturing milk as required, the director may assess a penalty for each payment date producers were unpaid.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61415.3. If a handler fails to pay for manufacturing milk delivered to him or her at the time and in the manner specified in this chapter, the director may assess a penalty for each payment date that the producers were not fully paid. Any penalty assessed shall be a minimum of one hundred dollars ($100) for each payment date. If the amount not properly paid is more than forty thousand dollars ($40,000), the penalty assessed shall be five thousand dollars ($5,000) or one-fourth of 1 percent of the amount not properly paid, whichever is less. (Amended by Stats. 1987, Ch. 1074, Sec. 10. Effective September 24, 1987.)
  184. 61416.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The director may revoke or suspend a handler’s license after a noticed hearing if the handler has not paid for manufacturing milk as required by the producer contract.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61416. The director may revoke or suspend any license of a handler if the director finds as a result of a noticed hearing that the handler has not paid for any manufacturing milk delivered to him or her at the time and in the manner specified in the contract with the producer. (Added by Stats. 1983, Ch. 857, Sec. 3.)
  185. 61416.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The director may refuse to grant or renew a handler’s license if the director is satisfied the handler has not paid for manufacturing milk as required by the producer contract.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61416.1. The director, pursuant to the procedure in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, may also refuse to grant or renew any license to a handler if the director is satisfied that the handler has failed to pay for any manufacturing milk delivered to him or her at the time and in the manner specified in the contract with the producer. (Added by Stats. 1986, Ch. 227, Sec. 5.)
  186. 61417.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The director may, after a noticed hearing, impose conditional or probationary orders instead of revoking or suspending a handler’s license under Section 61416.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61417. In lieu of revoking or suspending a handler’s license under Section 61416, the director may impose any other conditional and probationary orders, pursuant to a noticed hearing, that may be proper for the enforcement of this chapter or to enforce any provision of any regulation adopted by the director pursuant to Section 61341. (Added by Stats. 1983, Ch. 857, Sec. 4.)
  187. 61418.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    If the respondent does not comply with conditional or probationary orders, the director may suspend or revoke the license.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61418. If the respondent does not comply with any conditional or probationary orders, the director may suspend or revoke the license in accordance with the procedure provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1985, Ch. 446, Sec. 3.)
  188. 61419.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. )

    Verify source ↗

    The director may shorten the hearing time and issue an order to show cause, and the handler must explain why its license should not be suspended or revoked.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400 - 61419] ( Article 5 added by Stats. 1981, Ch. 690, Sec. 1. ) ## 61419. (a) Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any manufacturing milk purchased from any producer, and is further satisfied that to permit the handler to continue to purchase and receive any manufacturing milk from producers would be likely to cause serious and irreparable loss to producer-creditors and other producers, the director may thereupon and forthwith shorten the time for hearing that is provided for in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and thereupon may issue an order to show cause why the license of the handler should not be forthwith suspended or revoked. The time of notice of the hearing shall not, however, be less than five days. At the hearing the handler that is proceeded against shall be ordered to show cause why the license should not be suspended or revoked, or continued under conditions and provisions, if any, that the director may consider just and proper and for the protection of the best interests of the producer-creditors and producers from whom the handler has been and is receiving any manufacturing milk. Following the hearing, the decision of the director shall become effective at the director’s discretion. (b) The hearing, in the case of an emergency, may be called upon written notice which is served personally or by mail on the handler that is involved. If the notice is sent by mail, the hearing date shall be no sooner than 10 days after the notice is sent. It may be held at the nearest office of the director or at any place that may be most convenient in the discretion of the director for the attendance of all of the parties that are involved. (Added by Stats. 1983, Ch. 857, Sec. 6.)
  189. 61441.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk distributors, wholesalers, and manufacturers must keep specified business records for at least three years and include several detailed categories of records.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 61441. Every distributor, person who sells at wholesale, or manufacturer of milk, cream, or any dairy product shall maintain and keep, for a period of three years from their initial recordation, or for a period of three years from their expiration date, whichever period is longer, all of the following records: (a) A record of all milk, cream, or dairy products received, detailed as to location, names and addresses of suppliers, prices paid, and deductions or charges made, and the use to which the milk or cream was put. (b) A record of all milk, cream, or dairy products sold, classified as to kind and grade of milk, cream, or dairy product, showing where the milk, cream, and dairy products were sold, the quantities sold, the amounts received for the sales, and the written price schedules maintained by the distributor, person who sells at wholesale, or manufacturer for all milk, cream, and dairy products sold. (c) A record of the wastage or loss of milk or any dairy product. (d) A record of all costs of manufacturing, processing, handling, sale, and delivery, including overhead costs. (e) A record of all property or financial transactions, other than those for which records are maintained under subdivision (b), between the distributor, person who sells at wholesale, or manufacturer and wholesale customers. (f) Other records that the director may deem necessary for the proper enforcement of this chapter. (Amended by Stats. 1987, Ch. 156, Sec. 20. Effective July 10, 1987.)
  190. 61442.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may access and enter dairy-product premises at reasonable hours and may inspect and copy related books and records.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 61442. The director shall have access to, and may enter at all reasonable hours, any place where any dairy product is being processed, bottled, stored, kept, or sold, or where the books, papers, records, or documents pertaining to any transaction which relates to any dairy product is kept. He may inspect and copy such books, papers, records, or documents in any place within the state. (Added by renumbering Section 61443 by Stats. 1979, Ch. 1025.)
  191. 61442.1.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Manufacturing milk handlers must give the director contract information within 60 days and then update it monthly.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 61442.1. Within 60 days of the effective date of this section, each manufacturing milk handler shall provide the director with a list of the name, address, and date of every current contract between the handler and manufacturing milk producers. Monthly thereafter, the handler shall report to the director the same information on all terminated, new, and amended contracts which has not been previously reported. The director may assess a one hundred dollar ($100) penalty against any manufacturing milk handler who fails to file the required report for each report not filed. (Added by Stats. 1987, Ch. 156, Sec. 21. Effective July 10, 1987.)
  192. 61443.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Records, reports, and required contracts covered by this section are confidential and generally may not be disclosed.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Records [61441 - 61443] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 61443. Any record or report which is made to the director pursuant to this article, or any contract required to be filed pursuant to this chapter, is confidential and shall not be divulged, except if necessary for the proper determination of any court proceeding or hearing before the director. (Amended by Stats. 1987, Ch. 156, Sec. 22. Effective July 10, 1987.)
  193. 61471.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may investigate transactions involving possible violations of this chapter and may hold a hearing for that investigation.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61471. The director may, upon his or her own motion or upon the receipt of any verified complaint, investigate any transaction that involves the violation of any provision of this chapter by any person. The director may call and conduct a hearing in furtherance of that investigation. (Amended by Stats. 1993, Ch. 187, Sec. 1. Effective January 1, 1994.)
  194. 61472.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the director calls a hearing, the director must serve the complaint and a hearing notice on that person personally or by mail.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61472. If a hearing is called by the director, the director shall cause a copy of the complaint, together with a notice of time and place of hearing of the complaint, to be served personally or by mail upon that person. Service shall be made at least 10 days before the hearing. (Amended by Stats. 1993, Ch. 187, Sec. 2. Effective January 1, 1994.)
  195. 61473.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A hearing must be held either where the complained-of person’s business is located or where the complained-of transaction allegedly occurred.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61473. The hearing shall be held in the city or place in which is situated the business location of the person that is complained of, or in which the transaction complained of is said to have occurred. (Enacted by Stats. 1967, Ch. 15.)
  196. 61474.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The person complained of must serve the complaining party and file with the director a verified answer to the complaint at least three days before the hearing date.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61474. The person complained of shall, at least three days prior to the date fixed for the hearing, serve upon the complaining party and file with the director a verified answer to all the allegations which are contained in the complaint. (Enacted by Stats. 1967, Ch. 15.)
  197. 61475.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must hear the complaint parties at the appointed time and place and enter a decision dismissing the complaint or stating the established facts.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61475. At the time and place which is appointed for such hearing the director shall hear the parties to such complaint, and shall enter in the office of the director at Sacramento a decision dismissing such complaint or specifying the facts which are established on such hearing. A copy of such decision shall be furnished to each of the respective parties to it. (Enacted by Stats. 1967, Ch. 15.)
  198. 61476.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may administer oaths, issue subpoenas, and compel witnesses to disclose facts related to matters under investigation.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61476. The director may do any of the following: (a) Administer oaths and take testimony thereunder. (b) Issue subpoenas which require the attendance of witnesses before him, together with all books, memoranda, papers, and other documents, articles, or instruments. (c) Compel the disclosure by such witnesses of all facts which are known to them relative to the matters under investigation. (Enacted by Stats. 1967, Ch. 15.)
  199. 61477.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A party that disobeys the director’s order or subpoena is in contempt and must be certified to the superior court for punishment.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61477. Any party that disobeys any order or subpoena of the director is guilty of contempt and shall be certified to the superior court of the state, in and for the county wherein such contempt occurs, for punishment for such contempt in accordance with Sections 11180 to 11191, inclusive, of the Government Code. (Enacted by Stats. 1967, Ch. 15.)
  200. 61478.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A court of competent jurisdiction may review any act of the director made under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 21. MARKETING [58001 - 63129] ( Division 21 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MARKETING LAWS REGARDING PARTICULAR PRODUCTS [61301 - 63129] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Marketing of Milk and Other Dairy Products [61301 - 61573] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Investigations and Hearings [61471 - 61478] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 61478. Any act of the director pursuant to any provision of this chapter may be reviewed by any court of competent jurisdiction. (Enacted by Stats. 1967, Ch. 15.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.