Food and Agricultural Code — Part 47 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 47 of 48 · provisions 9,201–9,400

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

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

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Provisions of Food and Agricultural Code

Showing 200 of 9,557

  1. 79932.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

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    “Public member” means a person appointed to the commission board of directors under the chapter’s procedures.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79932. “Public member” means a person appointed to the commission board of directors pursuant to the procedures specified in this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  2. 79933.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. )

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    This section defines “Secretary” as the Secretary of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 2. Definitions [79921 - 79933] ( Article 2 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79933. “Secretary” means the Secretary of Food and Agriculture. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  3. 79936.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    This section creates the California Agave Commission and sets who sits on its board, how the public member is appointed, and when the board size may be changed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79936. (a) There is in state government the California Agave Commission. Except as provided in this section, the commission board of directors shall be composed of six growers, two processors, and one public member. The public member shall be appointed to the commission by the secretary from nominees recommended by the commission. (b) The commission board of directors may modify the number of members who serve on the commission board of directors by a two-thirds vote that is concurred in by the secretary, if proper notice is provided to all persons subject to this chapter before the action. (c) The secretary and other appropriate persons, as determined by the commission, shall be ex officio members of the commission. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  4. 79937.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79937. (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary to not be in the public interest or to be in violation of this chapter. (b) If the commission refuses or fails to cease those activities or functions or to make corrections as required by the secretary, the secretary may, upon written notice, suspend all or a portion of the activities or functions of the commission until the cessation or correction of activities or functions as required by the secretary have been accomplished by the commission. (c) Actions of the commission in violation of the secretary’s written notice shall be without legal force or effect. The secretary, to the extent feasible, shall issue the written notice before the commission enters into a contractual relationship affecting the existing or proposed activities or functions that are the subject of the written notice. (d) Upon service of the written notice, the secretary shall notify the commission in writing of the specific acts that the secretary determines are not in the public interest or are in violation of this chapter, and the secretary’s reasons for requiring a cessation or correction of specific existing or proposed activities or functions, and may make recommendations that will make those activities or functions acceptable to the secretary. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  5. 79938.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    The commission or the secretary may ask a court for judicial relief regarding a written notice or the commission’s noncompliance with it.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79938. The commission or the secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the written notice, in a court of competent jurisdiction, which may issue a temporary restraining order, permanent injunction, or other applicable relief. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  6. 79939.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    The commission must reimburse the secretary for expenses incurred in carrying out chapter duties. A court may excuse the commission from paying the secretary’s legal costs if the court finds the secretary acted arbitrarily or capriciously in restricting the commission’s activities or functions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79939. The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out their duties and responsibilities under this chapter. However, a court may, if it finds that the secretary acted arbitrarily or capriciously in restricting the activities or functions of the commission, relieve the commission of the responsibility for payment of the secretary’s legal costs with regard to that action. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  7. 79940.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    Most commission board members must have an alternate elected the same way as the member, and alternates step in when the member is absent.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79940. Except for the ex officio members of the commission board of directors, each member of the commission board of directors shall have an alternate member elected in the same manner as the member. An alternate member, in the absence of the member for whom they are an alternate, shall serve in place of the member. An alternate member may also serve in place of any other absent member of the same classification if the member’s alternate is also absent. However, an alternate member may not serve in place of more than one absent member at a meeting. An alternate member serving in place of a member shall have, and may exercise, all rights, privileges, and powers of the member when serving. In the event of death, removal, resignation, or the disqualification of a member, the alternate for the member, or another alternate of the same classification if the alternate member for the member is absent, shall act as the member until a qualified successor is elected. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  8. 79941.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    Vacancies on the commission board must be filled, and the replacement must be qualified.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79941. Any vacancy on the commission board of directors, including, but not limited to, the failure of any person elected or appointed to the commission board of directors as a member or alternate member to continue in their position due to a change in status making them ineligible to serve, or due to death, removal, or resignation, shall be filled by the election of another person, or appointment in the case of a public member, for the unexpired portion of the term, with elected positions to be filled by a majority vote of the commission board of directors. However, the person elected or appointed shall fulfill all the qualifications set forth in this article as required for the office they are to occupy. The qualifications of any person to fill a vacancy shall be certified in writing to the secretary. The secretary shall notify the commission if the secretary determines that the person is not qualified. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  9. 79942.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    A grower member and alternate on the commission board must be a qualifying grower’s individual, partner, or employee, and must keep meeting this requirement throughout their term.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79942. A grower member and their alternate on the commission board of directors shall be an individual, partner, or employee of a grower who has a financial interest in cultivating agave, or causing agave to be cultivated. The grower member and their alternate shall comply with this section during the entire term of their office in order to remain on the commission board of directors. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  10. 79943.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    A processor member and alternate on the commission board must be qualified insiders of a processor with a financial interest in agave processing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79943. A processor member and their alternate on the commission board of directors shall be an individual, partner, or employee of a processor who has a financial interest in processing agave, or causing agave to be processed. The processor member and their alternate shall comply with this section during the entire term of their office in order to remain on the commission board of directors. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  11. 79944.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    The public member and alternate on the commission board must follow this section, and the public member cannot have a financial interest in agave cultivating, processing, or marketing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79944. The public member and their alternate on the commission board of directors shall have all the powers, rights, and privileges of any other member on the commission board of directors. The public member shall not have any financial interest in the cultivating or processing of agave or the marketing of agave products but may be an individual who provides services to individuals who do have a financial interest. The public member and their alternate shall comply with this section during the entire term of their office. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  12. 79945.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    Commission board members and their alternates generally serve three-year terms, except ex officio members.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79945. (a) The term of office of each member of the commission board of directors and their alternate, except an ex officio member, shall be three years from the date of their election or appointment and until their successor is elected. (b) An alternate shall serve the same term as the member for whom they serve as alternate. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  13. 79946.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    The commission may sue and be sued and enter into contracts.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79946. The commission may sue and be sued and enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence in all courts of the state, and shall be prima facie evidence of the truth of all statements within the proceedings, records, and acts. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  14. 79947.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

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    A quorum of the commission board is a majority of the members authorized to vote, and—unless this chapter says otherwise—a majority vote of those present with a quorum counts as an act of the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79947. A quorum of the commission board of directors is a majority of the members authorized to vote. Except as otherwise provided in this chapter, the vote of a majority of these members present at a meeting at which there is a quorum shall constitute an act of the commission. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  15. 79948.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The secretary or their representatives must be notified of commission and committee meetings and may attend them, but not executive sessions about potential or actual litigation against the department.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79948. The secretary or their representatives shall be notified and may attend each meeting of the commission board of directors and any meetings of a committee established by the commission, except the secretary is not authorized to attend an executive session of the commission board of directors called for the purpose of discussing potential or actual litigation against the department. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  16. 79949.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Commission board members and committee members may not receive a salary, but members and alternates may be reimbursed for reasonable and necessary travel and meal expenses, subject to board rules and daily attendance or assignment conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79949. A member of the commission board of directors or of any committee established by the commission, shall not receive a salary. Except for ex officio government members, members and alternates may receive reasonable and necessary traveling expenses and meal allowances, as established by the commission board of directors, for each day spent in actual attendance at, or in traveling to and from, meetings of the commission or committees of the commission, or on special assignment for the commission. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  17. 79950.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    If the secretary must concur in a commission decision, the secretary must respond within 15 working days of notification. The response may ask for more information.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79950. If the secretary is required to concur in a decision of the commission, the secretary shall indicate their response within 15 working days from notification of the decision. The response may be a request that additional information be provided. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  18. 79951.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Money received under this chapter or by the commission must be deposited in banks designated by the commission board of directors and disbursed only by board order through designated agents. Authorized agents must also be bonded by a fidelity bond of at least $25,000.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79951. All moneys received by a person from assessments levied under the authority of this chapter or otherwise received by the commission shall be deposited into banks designated by the commission board of directors and shall be disbursed by order of the commission board of directors through an agent or agents designated for that purpose. Any authorized agent or agents shall be bonded by a fidelity bond, executed by a surety company authorized to transact business in the state, in favor of the commission, in the amount of not less than twenty-five thousand dollars ($25,000). (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  19. 79952.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The state and commission officials are not personally liable for commission acts or contracts, and claims are limited to commission funds, except for individual dishonesty or crime.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 3. California Agave Commission [79936 - 79952] ( Article 3 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79952. The state shall not be liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts of the commission shall be limited to the funds collected by the commission. Members and alternate members of the commission board of directors, employees, and agents of the commission shall not be personally liable for the contracts of the commission, and members and alternate members of the commission board of directors and employees of the commission shall not be responsible individually in any way to a grower, processor, or any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for their own individual acts of dishonesty or crime. Members and alternate members of the commission board of directors shall not be held responsible individually for any act or omission of any other member or alternate member. The liability of the members and alternate members of the commission board of directors shall be several and not joint, and a member or alternate member shall not be liable for the default of any other member or alternate member. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  20. 79956.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79956- 79956.] ( Article 4 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission board of directors has broad power to run the chapter, make rules, hire staff, manage finances, conduct research, set assessments and budgets, and take enforcement actions.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 4. Powers and Duties [79956- 79956.] ( Article 4 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79956. The powers and duties of the commission board of directors shall include, but are not limited to, all of the following: (a) Adopt and from time to time alter, rescind, modify, and amend bylaws and procedures for carrying out this chapter, including procedures for related appeals. These actions 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. (b) Administer and enforce this chapter and perform all acts and exercise all powers incidental to, or in connection with, or determined reasonably necessary for, proper or advisable effectuation of the purposes of this chapter. (c) Appoint officers from the members of the commission board of directors, including a chair, one or more vice chairs, and any other officers as it determines necessary. The officers shall have the powers and duties delegated to them by the commission board of directors. (d) Employ a person to serve at the pleasure of the commission as president and chief executive officer, and other personnel, including legal counsel, necessary to carry out this chapter. Alternatively, the commission may retain a management firm or staff from any board, commission, or committee of the state to perform the functions prescribed by this subdivision under control of the commission board of directors. If a person subject to this subdivision engages in conduct that the secretary determines to be in violation of this chapter, or is not in the public interest, the secretary shall notify the commission of the conduct and request that corrective, and if appropriate, disciplinary action, be taken by the commission board of directors. If the commission board of directors fails or refuses to correct the situation or to take disciplinary action satisfactory to the secretary, the secretary may suspend or discharge the person subject to this subdivision. (e) Fix the compensation for all employees. (f) Appoint committees composed of members, alternates, and nonmembers of the commission board of directors to advise in carrying out this chapter. (g) Establish offices and incur expenses, invest funds, enter into contracts and agreements, and create liabilities and borrow funds in advance of receipt of assessments as determined necessary for the proper administration and enforcement of this chapter and the performance of its duties. (h) Keep accurate books, records, and accounts of all of its dealings, which shall be subject to an annual audit by an auditing firm selected by the commission board of directors with the concurrence of the secretary. The audit shall be made a part of an annual report to all growers and processors subject to this chapter, and, notwithstanding Sections 9795 and 10231.5 of the Government Code, copies of the audit shall be submitted to the Legislature and the department. In addition, the secretary may, as they determine necessary, conduct, or cause to be conducted, a fiscal and compliance audit of the commission. (i) Present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the purposes of this chapter. (j) Make, in the name of the commission, contracts to render service in formulating and conducting plans and programs, and any other contracts or agreements determined to be necessary for the purposes specified in this chapter. (k) Conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information obtained from research or elsewhere for purposes described in this chapter that is primarily for the benefit of growers and processors. In connection with the research, accept contributions of, or to match, private, state, or federal funds that may be available for these purposes, and to employ or make contributions of funds to other persons or state or federal agencies conducting the research. (l) Collect information and publish and distribute to growers and processors, a bulletin or other communication for dissemination of information relating to this chapter. (m) Establish an assessment rate to defray operating costs. (n) Establish an annual budget according to accepted accounting practices. The budget shall be concurred in by the secretary before the disbursement of funds, except for disbursements made pursuant to subdivision (e). (o) Submit to the secretary for their concurrence, an annual statement of contemplated activities authorized under this chapter. (p) Investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for suspected criminal violations of this chapter. (q) Prescribe the form and manner by which proponents and opponents of the commission may contact growers if all expenses associated with the contacts are paid in advance. (r) Engage in communications with the public regarding activities authorized in this section. (s) Conduct activities related to education, marketing, and promotion of agave and agave products. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  21. 79961.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The secretary must create a voter-eligibility list for growers and processors within 90 days after the commission’s proponents request it, and growers/processors can ask to be added if they are missing.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79961. (a) No later than 90 days from the request of proponents of the commission, the secretary shall establish a list of growers and processors eligible to vote on the implementation of this chapter. The proponents shall provide the secretary with a list of growers and processors of agave to assist in identifying eligible voters. In establishing the list, the secretary shall require that (1) growers submit their names and mailing addresses and planted acreage, (2) processors submit their names and mailing addresses and the names and addresses of growers from whom agave is received, and the paid weight to the growers during the preceding marketing season. The request for the information shall be in writing. The information shall be filed with the secretary within 10 days following receipt of the written request for information. (b) A grower or processor whose name does not appear on the secretary’s list may have their name placed on the list by filing with the secretary a signed statement identifying themselves as a grower or processor. Failure to be on the list does not exempt the grower or processor from paying assessments under this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  22. 79962.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission cannot be established, and the chapter cannot be implemented, except to conduct an implementation referendum vote, until the secretary finds the required voting conditions are met.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79962. The commission shall not be established, and this chapter shall not be implemented, except as necessary to conduct an implementation referendum vote, until the secretary finds all of the following in a referendum vote conducted by the secretary: (a) At least 40 percent of the total number of growers from the list established by the secretary pursuant to this article participate, and that either of the following occurs: (1) Sixty-five percent of the growers who voted in the referendum voted in favor of establishing the commission, and those growers cultivated a majority of the total quantity of agave cultivated in the preceding marketing season by all of the growers voting in the referendum. (2) A majority of the growers who voted in the referendum voted in favor of establishing the commission, and those growers cultivated 65 percent or more of the total quantity of agave cultivated in the preceding marketing season by all of the growers voting in the referendum. (b) At least 40 percent of the total number of processors from the list established by the secretary pursuant to this article participate, and that either of the following occurs: (1) Sixty-five percent of the processors who voted in the referendum voted in favor of establishing the commission, and those processors processed a majority of the total quantity of agave processed in the preceding marketing season by all of the processors voting in the referendum. (2) A majority of the processors who voted in the referendum voted in favor of establishing the commission, and those processors processed 65 percent or more of the total quantity of agave processed in the preceding marketing season by all of the processors voting in the referendum. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  23. 79963.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79963. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days in duration and may prescribe additional procedures necessary to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  24. 79964.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    A referendum is not invalid just because someone did not receive a ballot.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79964. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  25. 79965.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    If the secretary finds a referendum vote to establish the commission has passed, the secretary must certify the vote and notify growers and processors on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79965. If the secretary finds that a referendum vote in favor of establishing the commission has occurred, as provided in this article, the secretary shall certify the vote and give notice of the vote to growers and processors whose names and addresses are on file with the secretary. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  26. 79966.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    If the secretary finds the referendum did not support establishing the commission, the secretary must certify the vote and declare the chapter inoperative. The secretary may also hold another implementation referendum one or more years later.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79966. If the secretary finds that a referendum vote in favor of establishing the commission has not occurred, as provided in this article, the secretary shall certify the vote and declare this chapter inoperative. The secretary may conduct another implementation referendum vote one or more years after the previous vote has been taken. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  27. 79967.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The secretary must contact growers and processors after the commission is established to help nominate and elect board members. Later selections of growers and processors follow procedures set by the board with the secretary’s concurrence.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79967. (a) Upon the establishment of the commission, the secretary shall contact growers and processors in a manner determined by the secretary for the purpose of nominating and electing persons to the commission board of directors. (b) Subsequent to the first election of members of the commission board of directors, or appointment in cases of a public member, growers and processors shall be selected pursuant to nomination and election procedures established by the commission board of directors with the concurrence of the secretary. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  28. 79968.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Before the referendum vote, the commission’s proponents must deposit whatever funds the secretary determines are needed to pay for preparing lists and information and conducting the vote. Unused money must be returned, and after the commission is established the board may reimburse those proponents for the deposit and related legal costs.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 5. Implementation and Voting Procedures [79961 - 79968] ( Article 5 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79968. Before the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary an amount of funds determined necessary by the secretary to defray the expenses of preparing the necessary lists and information and conducting the vote. Any funds not used for this purpose shall be returned to the proponents of the commission who deposited the funds with the secretary. Upon establishment of the commission, the commission board of directors may reimburse the proponents of the commission for any funds deposited with the secretary and for any legal expenses and costs incurred in establishing the commission. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  29. 79971.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission board of directors must set annual marketing-season assessments for growers and processors, with caps based on acreage or tonnage, unless a higher amount is approved under Section 79962.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79971. (a) The commission board of directors shall, no later than the beginning of each marketing season, or as soon thereafter as possible, establish assessments to be paid by growers and processors for the marketing season. (b) The assessment for growers that cultivate 2 to 10, inclusive, acres of agave for the marketing season shall not exceed one thousand dollars ($1,000) and may be levied using a sliding scale. The assessment for growers that cultivate more than 10 acres of agave for the marketing season shall not exceed fifty thousand dollars ($50,000) and may be levied using a sliding scale. (c) The assessment for processors that process 3 to 10, inclusive, tons of agave for the marketing season shall not exceed one thousand dollars ($1,000) and may be levied using a sliding scale. The assessment for processors that process more than 10 tons of agave for the marketing season shall not exceed fifty thousand dollars ($50,000) and may be levied using a sliding scale. (d) An assessment greater than the amounts established pursuant to this section shall not be charged unless it is approved in accordance with the voting requirements provided in Section 79962. (e) The assessment shall not exceed the reasonable costs of achieving the purposes of this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  30. 79972.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Agave processors and certain growers must keep accurate records, and growers must provide proof of sale if the commission asks.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79972. (a) Processors of agave shall keep a complete and accurate record of all agave processed by them with the names of the growers whose agave was processed. (b) (1) Growers who process agave that they have cultivated shall keep a complete and accurate record of the agave processed. (2) Growers shall, upon request of the commission, provide proof of commodity sale. (c) The records described in subdivisions (a) and (b) shall contain information required by the commission. The records shall be preserved by growers and processors for a period of two years and shall be offered and submitted for inspection at any reasonable time upon written demand by the commission or its duly authorized agent. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  31. 79973.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission and the secretary must keep proprietary information confidential and generally may not disclose it, except when a court order requires disclosure in a judicial proceeding.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79973. (a) All proprietary information obtained by the commission or the secretary from any source, including the names and addresses of growers and processors, shall be confidential and shall not be disclosed except if required by court order in a judicial proceeding. (b) Information on volume shipments and any other related information that is required for reports to governmental agencies, financial reports to the commission on aggregate sales and inventory information, and any other information that gives only totals, but excludes individual information, may be disclosed by the commission. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  32. 79974.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Some agave growers and processors must hold assessed funds as trustees until they are paid to the commission, and growers who process their own cultivated agave must pay both assessments directly to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79974. Growers and processors of agave that pay the assessment shall be trustees of the assessed funds until they are paid to the commission at the time and in the manner prescribed by the commission board of directors. Growers who process agave that they have cultivated shall be responsible for paying both assessments directly to the commission at the time and in the manner prescribed by the commission board of directors. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  33. 79975.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Every grower and processor is personally liable for paying the assessments owed to the commission.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 6. Assessments and Records [79971 - 79975] ( Article 6 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79975. Every grower and processor shall be personally liable for the payment of the assessments owed to the commission. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  34. 79981.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    A person who misses the commission’s deadline for filing a return or paying an assessment must pay a 10% penalty and 1.5% monthly interest on the unpaid balance. The commission may also require a surety bond if payment is not made.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79981. (a) A person who fails to file a return or pay an assessment within the time required by the commission shall pay to the commission a penalty of 10 percent of the amount of the assessment determined to be past due and, in addition, interest on the unpaid balance at the rate of 1.5 percent per month. (b) In addition to any other penalty imposed, the commission may require a person who fails to pay an assessment or related charge pursuant to this chapter to furnish and maintain a surety bond in a form and amount and for a period of time specified by the commission board of directors as assurance that all payments to the commission will be made when due. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  35. 79982.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission may levy a civil penalty of up to $1,000 on a person for certain false reporting, non-reporting, record tampering, or failure to provide requested agave-source information.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79982. A civil penalty not exceeding one thousand dollars ($1,000) may be levied by the commission on any person who does any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission, or in any way avoids the payment of an assessment. (b) Fail to render or furnish a report, statement, or record required by the commission. (c) When engaged in cultivating agave for processing into agave products, fails or refuses to furnish to the commission or its duly authorized agents, upon request, information concerning the name and address of the persons from whom agave was received and the quantity received. (d) Secrete, destroy, or alter records required to be kept by this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  36. 79983.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission board of directors must set up informal hearing procedures for people aggrieved by its actions or determinations. Appeals may be taken to the secretary, and the secretary’s determination may be reviewed by a superior court on petition.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79983. For purposes of according individuals aggrieved by its actions or determinations, the commission board of directors shall establish procedures for an informal hearing before the commission or before a committee of the commission established for this purpose. Appeals from the decision of the commission board of directors may be made to the secretary. The determination of the secretary shall be subject to judicial review upon petition filed with the appropriate superior court. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  37. 79984.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission can sue to collect assessments and civil penalties and to seek injunctions or specific performance. Courts must issue requested writs or injunctions on the stated showing, and a bond is not required.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79984. (a) The commission may commence civil actions and use all remedies provided in law or equity for the collection of assessments and civil penalties, and for obtaining injunctive relief or specific performance, relating to this chapter and the procedures adopted under this chapter. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this chapter or any other procedures of the commission, including, but not limited to, the nonpayment of assessments. A bond shall not be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. (b) A writ of attachment shall be issued pursuant to Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure, except that the showing specified in Section 485.010 is not required. Injunctive relief shall be issued pursuant to Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by Section 526 or 527 is not required. (c) Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding the cultivating or processing of agave until there is full compliance with, and satisfaction of, the judgment. (d) Upon a favorable judgment for the commission, the court may order that the commission be reimbursed for reasonable attorney’s fees and other related costs actually incurred. Venue for these actions is at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  38. 79985.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission must start any action for a penalty or other remedy under this chapter within 2 years of discovering the alleged violation, and a person must start any action against the commission within 2 years of the alleged violation.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79985. Any action by the commission for any penalty or other remedy that is prescribed under this chapter shall be commenced within two years from the date of discovery of the alleged violation. An action against the commission by a person shall be commenced within two years from the date of the alleged violation. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  39. 79986.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The commission does not have to allege or prove that there is no adequate remedy at law in actions brought under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79986. The commission shall not be required to allege or prove that an adequate remedy at law does not exist in any action brought pursuant to this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  40. 79987.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted broadly, and its provisions are severable if part of the chapter is invalid.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79987. (a) This chapter shall be liberally construed. (b) The provisions of this chapter are severable. If any provision of this chapter 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. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  41. 79988.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    Ending the commission or this chapter does not erase related rights, duties, obligations, liabilities, violations, or the commission’s remedies.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 7. Actions and Penalties [79981 - 79988] ( Article 7 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79988. The termination of the operation of the commission and the implementation of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the commission with respect to any violation. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  42. 79991.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The secretary must hold a hearing five years after implementation of the chapter, then decide whether the commission continues or a referendum is needed.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79991. (a) Five years after implementation of this chapter, the secretary shall hold a public hearing, after providing proper notice to persons subject to this chapter and any other persons or entities who have requested, in writing, notice of the hearing, to determine whether the commission shall continue to operate and this chapter shall continue to be implemented. (b) If the secretary finds after the hearing that no substantial question exists among the growers and processors assessed pursuant to this chapter regarding whether the commission shall continue to operate, the secretary shall certify the finding and this chapter shall continue to be implemented. (c) If the secretary finds after the hearing that a substantial question exists among the growers and processors assessed pursuant to this chapter regarding whether the commission shall continue to operate, the secretary shall conduct a referendum among growers and processors to determine whether the operation of the commission shall be terminated, in accordance with both of the following: (1) The commission shall continue to operate unless the secretary determines from the referendum that a majority of the eligible growers and a majority of the eligible processors voting in the referendum voted in favor of terminating the commission. (2) If the secretary finds that a vote to terminate the operation of the commission has been given, the secretary shall certify the vote and declare the implementation of this chapter is suspended upon the expiration of the current marketing season. Thereupon, the operation of the commission shall be concluded and funds distributed in the manner provided in Section 79994. A bond or security shall not be required for the referendum. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  43. 79992.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    The secretary must conduct the Section 79991 process every five years, usually between April 1 and March 31, after the required hearing or continuation referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79992. Following a hearing, or a referendum resulting in a vote to continue the operation of the commission if required, the process specified in Section 79991 shall be conducted by the secretary every five years thereafter between April 1 and March 31 of the following year, unless a referendum is conducted as the result of a petition pursuant to Section 79993. In that case, the hearing, and referendum if required, shall be conducted every five years following the industry petitioned referendum. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  44. 79993.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    This section lets the commission seek suspension and sets out how the secretary must run and decide a suspension referendum.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79993. (a) Upon a finding by a two-thirds vote of the commission board of directors that the commission has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operation of the commission be suspended. Any suspension shall not become effective until expiration of the current marketing season. (b) (1) The secretary shall, upon receipt of a recommendation, or may, after a public hearing to review a petition described in paragraph (2) requesting the suspension, cause a referendum to be conducted among the listed growers and processors to determine if the operation of the commission shall be suspended. The secretary shall not hold a referendum as a result of a petition described in paragraph (2) unless the petitioner shows by the weight of evidence that the implementation of this chapter has not effectuated its declared purposes. (2) A petition filed requesting suspension of the operation of the commission shall be signed by at least 15 percent of the growers and at least 15 percent of the processors, by number, who also cultivate and process at least 15 percent of the total volume of agave in the preceding marketing season. (c) The secretary shall establish a referendum period, which shall not be less than 10 days or more than 60 days in duration. The secretary may prescribe additional procedures necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. The secretary shall suspend the operation of the commission if the secretary finds both of the following: (1) At least 40 percent of the total number of growers from the list established by the secretary participate, and that either of the following occurs: (A) Sixty-five percent of the growers that voted in the referendum voted in favor of suspension, and the growers so voting grew a majority of the total quantity of agave cultivated in the preceding marketing season by all of the growers voting in the referendum. (B) A majority of the growers that voted in the referendum voted in favor of suspension, and the growers so voting grew 65 percent or more of the total quantity of agave cultivated in the preceding marketing season by all of the growers voting in the referendum. (2) At least 40 percent of the total number of processors from the list established by the secretary participate, and that either of the following occurs: (A) Sixty-five percent of the processors that voted in the referendum voted in favor of suspension, and the processors so voting processed a majority of the total quantity of agave processed in the preceding marketing season by all of the processors voting in the referendum. (B) A majority of the processors that voted in the referendum voted in favor of suspension, and the processors so voting processed 65 percent or more of the total quantity of agave processed in the preceding marketing season by all of the processors voting in the referendum. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  45. 79994.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    If the commission’s operation is suspended, it must wind up, return unused assessment money pro rata to prior-season assessors, and may redirect small remaining amounts to a related public program or related activities.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79994. After the effective date of suspension of the operation of the commission, the operation of the commission shall be concluded and all moneys held by the commission, and moneys collected by assessment and not required to defray the expenses of concluding and terminating the operation of the commission, shall be returned on a pro rata basis to all persons from whom assessments were collected in the immediately preceding marketing season. However, if the commission board of directors finds that the amounts returnable are so small as to make impractical the computation and remitting of the pro rata refund to those persons, any moneys remaining after payment of all expenses of winding up and terminating the operation shall be withdrawn from the approved depository and paid into a related state or federal program or used to fund activities related to the subject matter of this chapter. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  46. 79995.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. )

    Verify source ↗

    If the commission’s operation is suspended, it must mail a copy of the suspension notice to affected growers and processors on file.

    ## Food and Agricultural Code - FAC ## DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS [63901 - 79995] ( Division 22 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS [64001 - 79995] ( Part 2 heading added by Stats. 1995, Ch. 727, Sec. 1.3. ) ## CHAPTER 30. California Agave Commission [79911 - 79995] ( Chapter 30 added by Stats. 2024, Ch. 725, Sec. 1. ) ## ARTICLE 8. Continuation or Suspension and Termination [79991 - 79995] ( Article 8 added by Stats. 2024, Ch. 725, Sec. 1. ) ## 79995. Upon suspension of the operation of the commission, the commission shall mail a copy of the notice of suspension to growers and processors affected by the suspension whose names and addresses are on file. (Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.)
  47. 8.

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

    Verify source ↗

    County district attorneys must prosecute code violations in their county when asked by an enforcing officer or interested person, and municipal prosecutors have concurrent jurisdiction over violations within their territorial jurisdiction.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 8. The district attorney of any county in which a violation of any provision of this code occurs shall, upon request of any enforcing officer or other interested person, prosecute such violation. The prosecutor of any municipality has concurrent jurisdiction as to any violation which is committed within his territorial jurisdiction. (Enacted by Stats. 1967, Ch. 15.)
  48. 80001.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    This division is named the California Desert Native Plants Act and may be cited by that name.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80001. This division shall be known and may be cited as the California Desert Native Plants Act. (Added by renumbering Section 70500 by Stats. 1984, Ch. 144, Sec. 43.)
  49. 80002.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The Legislature states that this division is intended to protect California desert native plants from unlawful harvesting and to help people harvest native plants legally.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80002. It is the intent of the Legislature, in this division, to protect California desert native plants from unlawful harvesting on both public and privately owned lands. It is also the intent of the Legislature to provide the people of this state with the information necessary to legally harvest native plants so as to ultimately transplant those plants with the greatest possible chance of survival. It is the further intent of the Legislature to encourage public participation in implementing the safeguards established by this division and in evaluating the effectiveness and desirability of the safeguards. (Added by renumbering Section 70501 by Stats. 1984, Ch. 144, Sec. 44.)
  50. 80003.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    This division applies only in the listed counties, and the director may later revise the state areas covered by the division if the required public hearing is held and the affected county’s board of supervisors approves the change.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80003. This division is applicable only within the boundaries of the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego. The director may thereafter revise the boundaries of the areas of the state which shall be subject to this division after a public hearing required to be held pursuant to Section 80074 and upon receipt of a resolution approving the change of boundaries by the board of supervisors of the affected county. (Added by renumbering Section 70502 by Stats. 1984, Ch. 144, Sec. 45.)
  51. 80004.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Some people handling nursery stock do not need a permit under this division, unless the work involves harvesting native plants in the wild.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80004. Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 are not required to obtain a permit pursuant to this division, unless those activities involve the harvesting of native plants growing in a wild, uncultivated state. (Added by renumbering Section 70503 by Stats. 1984, Ch. 144, Sec. 46.)
  52. 80005.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    People engaged in nursery stock production, storage, sale, delivery, or transportation may not receive harvested native plants unless each plant has a valid native plant tag and seal attached.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80005. Persons engaged in the production, storage, sale, delivery, or transportation of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 shall not receive any harvested native plants, unless each plant has securely and properly attached thereto a valid native plant tag and seal. (Added by renumbering Section 70504 by Stats. 1984, Ch. 144, Sec. 47.)
  53. 80006.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Persons selling nursery stock under the stated division must keep records for receipts or purchases involving native plants, and those records must include the seller’s or deliverer’s name and address.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 1. General Provisions [80001 - 80006] ( Chapter 1 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80006. Persons engaged in the sale of nursery stock pursuant to Part 3 (commencing with Section 6701) of Division 4 shall maintain records of their receipts or purchases for sale or resale of any native plant. The records shall include the name and address of the person selling or delivering the plants and shall be subject to inspection by the commissioner or the director. (Added by renumbering Section 70505 by Stats. 1984, Ch. 144, Sec. 48.)
  54. 80071.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Botanical names control how this division is interpreted.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80071. The botanical names of the plants referred to in this chapter shall, in all cases, govern in the interpretation of this division. (Added by renumbering Section 70630 by Stats. 1984, Ch. 144, Sec. 63.)
  55. 80072.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The listed native plants, or any parts of them, may not be harvested unless the harvest is for scientific or educational purposes and covered by a county commissioner’s permit.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80072. The following native plants, or any parts thereof, may not be harvested except for scientific or educational purposes under a permit issued by the commissioner of the county in which the native plants are growing: (a) All species of Burseraceae family (elephant tree). (b) Carnegiea gigantea (sahuaro cactus). (c) Ferocactus acanthodes (barrel cactus). (d) Castela emoryi (crucifixion thorn). (e) Dudleya saxosa (panamint dudleya). (f) Pinus longaeva (bristlecone pine). (g) Washingtonia filifera (fan palm). (Added by renumbering Section 70631 by Stats. 1984, Ch. 144, Sec. 64.)
  56. 80073.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Most listed native plants may not be harvested without a permit; the fruit may be harvested without a permit.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80073. The following native plants, or any part thereof, may not be harvested except under a permit issued by the commissioner or the sheriff of the county in which the native plants are growing: (a) All species of the family Agavaceae (century plants, nolinas, yuccas). (b) All species of the family Cactaceae (cacti), except for the plants listed in subdivisions (b) and (c) of Section 80072 which may be harvested under a permit obtained pursuant to that section. (c) All species of the family Fouquieriaceae (ocotillo, candlewood). (d) All species of the genus Prosopis (mesquites). (e) All species of the genus Cercidium (palos verdes). (f) Acacia greggii (catclaw). (g) Atriplex hymenelytra (desert-holly). (h) Dalea spinosa (smoke tree). (i) Olneya tesota (desert ironwood), including both dead and live desert ironwood. The fruit from the native plants listed in this section may be harvested without a permit. The commissioner may establish limits on the quantity of desert ironwood which may be taken under any permit and on the number of permits for the taking of desert ironwood which may be issued. The commissioner may adopt such rules and regulations as may be necessary for the protection of the ironwood resource. Notwithstanding the foregoing provisions of this section, the director may add desert ironwood to, or remove it from, the jurisdiction of this division pursuant to Section 80074. (Added by renumbering Section 70632 by Stats. 1984, Ch. 144, Sec. 65.)
  57. 80074.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The secretary may change which native plants are covered by the division, after consulting the Secretary of the Resources Agency and holding a public hearing.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80074. After consultation with the Secretary of the Resources Agency and after a public hearing, the secretary may add to, or remove from, the jurisdiction of this division a native plant. A public hearing on native plants may be held at least once every 24 months in a county subject to this division and in a location that is convenient to a large segment of the public. In deciding whether to call a public hearing, the secretary may consider a request from a public or private group, including concerned citizens, and the secretary shall convene such a hearing when requested by resolution of any county board of supervisors. The secretary may consider at the hearing which plants are in need of protection and whether the boundaries of the area to be protected should be changed pursuant to Section 80003. (Amended by Stats. 2004, Ch. 460, Sec. 12. Effective January 1, 2005.)
  58. 80075.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Native plants declared rare, endangered, or threatened by federal or state law or regulations are exempt from this division.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 3. Regulated Native Plants [80071 - 80075] ( Chapter 3 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80075. Any native plant that is declared to be a rare, endangered, or threatened species by federal or state law or regulations, including, but not limited to, the Fish and Game Code, is exempt from this division. (Added by renumbering Section 70634 by Stats. 1984, Ch. 144, Sec. 67.)
  59. 801.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 1. General Provisions [801 - 803] ( Article 1 added by Stats. 1982, Ch. 1150, Sec. 1. )

    Verify source ↗

    This chapter is known and may be cited as the Thurman Agricultural Policy Act.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 1. General Provisions [801 - 803] ( Article 1 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## 801. This chapter shall be known and may be cited as the Thurman Agricultural Policy Act. (Added by Stats. 1982, Ch. 1150, Sec. 1.)
  60. 80101.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The commissioner or county sheriff must issue permits, wood receipts, tags, and seals for native plants, with fees set by the county supervisors. People generally may not harvest, transport, sell, or possess native plants unless they have the required permit or wood receipt and tags/seals.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80101. (a) The commissioner or the sheriff of a county subject to this division shall issue, in accordance with this division, permits, wood receipts, tags, and seals for a fee as prescribed by the board of supervisors of the county where the native plants are located. (b) The fee shall not be less than one dollar ($1) per plant for all native plants, except as follows: (1) For Yucca brevifolia (Joshua tree), not less than two dollars ($2) per plant. (2) For trees, live or dead, mesquite, palo verde, or ironwood species of trees, cut or removed for wood, as provided in Section 80103, not less than one dollar ($1) per cord. (3) For Yucca Schidigera used for commercial harvesting, not less than three dollars ($3) per ton. (c) The fees shall cover the cost of issuing a permit and may cover other related costs, including, but not limited to, administration, enforcement, and research costs. The permit shall specify, among other things, the species of native plants which may be harvested, the area from which plants may be harvested, and the manner in which plants may be harvested. (d) No person, except as provided in this division, shall harvest, transport, offer for sale, or have in his or her possession any native plant, unless, at the time of harvesting, he or she has a valid permit or valid wood receipt therefor on his or her person, attaches the required tags and seals to the native plants, and exhibits the permit, wood receipt, and tags and seals upon request for inspection by any duly authorized agent of the commissioner or any peace officer as provided in this division. No wood receipt or tag and seal is valid unless it is issued with a valid permit and the permit bears the tag number or wood receipt number on its face. (e) Native plants which have been tagged and sealed, as provided in this section, may be transported under a California nursery stock certificate or a shipping permit. (Added by renumbering Section 70650 by Stats. 1984, Ch. 144, Sec. 68.)
  61. 80102.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Permits for harvesting, transporting, or possessing native plants must include enough tags and seals, and the permittee or agent must attach them when harvesting and before transport.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80102. (a) Each permit authorizing the harvesting, transporting, or possessing of native plants, except trees cut or removed for wood as provided in Section 80103, shall be accompanied by a sufficient number of tags and seals. The permittee or his or her agent shall attach the tags and seals to the native plants at the time of harvesting and before transporting in such manner as prescribed by the commissioner of the county in which the native plants are located. After any native plant has been legally harvested and tagged or sealed as provided in this division, it is unlawful to remove the tag or seal until the plant has been transplanted into its ultimate site for landscaping or decoration. The tag or seal may be removed from the plant only by the commissioner or the ultimate owner of the plant, who shall retain the tag or seal as proof of ownership. (b) No permit or tag or seal is transferable by the permittee or his or her agent, nor shall it be used by anyone except that person to whom the permit or tag or seal was issued, and no refunds shall be made for the purchase thereof. (c) Every permittee is responsible for the acts of any other person or persons acting under any authority, express or implied, of the permittee. (Added by renumbering Section 70651 by Stats. 1984, Ch. 144, Sec. 69.)
  62. 80103.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Permits for harvesting, transporting, or possessing certain tree wood must be accompanied by a wood receipt, and the receipt must be kept with the person handling the wood.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80103. (a) Each permit authorizing the harvesting, transporting, or possessing of live or dead mesquite, palo verde, or ironwood species of trees which are harvested for wood, shall be accompanied by a wood receipt. Any required wood receipt shall be in the possession of the person harvesting, transporting, or possessing the wood. (b) No permit or wood receipt is transferable by the permittee or his or her agent, nor shall it be used by anyone other than the person to whom the permit or wood receipt was issued or his or her agent or employee, except that the wood receipt shall be transferred by the permittee or his or her agent or employee to the purchaser of the wood covered by the receipt as proof of ownership. (Added by renumbering Section 70652 by Stats. 1984, Ch. 144, Sec. 70.)
  63. 80104.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Some people do not need a permit under this division to remove or possess dead plants or wood if they already have a valid federal permit or comply with applicable federal rules for BLM lands.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80104. Any person in possession of a valid permit for the removal of dead plants or wood issued by the United States Forest Service, the National Park Service, or the Bureau of Land Management, or any person in compliance with appropriate federal regulations and policies allowing the removal of dead plants or wood from lands administered by the Bureau of Land Management, is not required to obtain a permit pursuant to this division for the removal or possession of those dead plants or wood. (Added by renumbering Section 70653 by Stats. 1984, Ch. 144, Sec. 71.)
  64. 80105.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The director may adopt necessary rules and regulations, so long as they do not conflict with this division, to enforce its provisions.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80105. The director may adopt necessary rules and regulations not in conflict with this division for the enforcement of its provisions. (Added by renumbering Section 70654 by Stats. 1984, Ch. 144, Sec. 72.)
  65. 80106.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Certain officials may enter suspected places, vehicles, or transportation means to inspect permits, wood receipts, tags, and seals related to native plants.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80106. The director or any of his or her duly authorized agents, any commissioner, or any peace officer is authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the state, which is suspected of containing or having present therein or thereon native plants in violation of this division, in order to examine permits and wood receipts and observe tags and seals. (Added by renumbering Section 70655 by Stats. 1984, Ch. 144, Sec. 73.)
  66. 80107.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Authorized deputies, inspectors, or agents may exercise a power or authority given to another person under this division. A person responsible for enforcing a provision of the division has peace officer powers for that enforcement.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80107. When any power or authority is given by any provision of this division to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this division is vested has the power of a peace officer as to that enforcement, which shall include state or federal agencies with which cooperative agreements have been made by the department to enforce any provision of this division. (Added by renumbering Section 70656 by Stats. 1984, Ch. 144, Sec. 74.)
  67. 80108.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Any county may adopt ordinances, so long as they do not conflict with this division, to preserve the native plants named in Sections 80072 and 80073.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 4. Enforcement Powers and Administrative Responsibilities [80101 - 80108] ( Chapter 4 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80108. Any county may adopt ordinances not in conflict with this division for the preservation of native plants specified in Sections 80072 and 80073. (Added by renumbering Section 70657 by Stats. 1984, Ch. 144, Sec. 75.)
  68. 80111.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    This section makes it unlawful to destroy, dig up, mutilate, or harvest native plants, unless the required written landowner permission, permit, and any required receipts, tags, or seals are obtained.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80111. (a) Except as provided in this division, it is unlawful for any person to destroy, dig up, mutilate, or harvest any living native plant, or the living or dead parts of any native plant, except its fruit, without obtaining written permission from the landowner and a permit and any required wood receipts or tags and seals. (b) It is unlawful for any person to falsify any paper or document issued to give permission for any person to harvest a native plant specified in Section 80073, or to fail to comply with all of the conditions or stipulations of the permit. (Added by renumbering Section 70680 by Stats. 1984, Ch. 144, Sec. 76.)
  69. 80112.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The county commissioner may issue a permit to a scientific or educational institution to harvest a definite number of listed plants, if the landowner gives permission.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80112. The commissioner of the county wherein the plants are located may issue a permit to a scientific or educational institution to harvest a definite number of plants listed in Section 80072 for scientific or educational purposes, if permission is obtained from the landowner on whose property the plants are located. (Added by renumbering Section 70681 by Stats. 1984, Ch. 144, Sec. 77.)
  70. 80113.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Permits to remove native plants must be issued for only a stated period, and never for more than one year.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80113. Permits issued for the removal of native plants shall be valid only for a stated period of time to allow the permittee to remove the specific amount of plants or wood stated in the permit, or the period of time stated by the landowner as part of the landowner’s permission, whichever is shorter, but in no case for more than one year. It is the intent of the Legislature that each permit or wood receipt shall be valid for the least period of time possible in which to accomplish the authorized purpose. (Added by renumbering Section 70682 by Stats. 1984, Ch. 144, Sec. 78.)
  71. 80114.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Applicants must not knowingly make false statements on permit-related applications, and each applicant must show proof of ownership when applying.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80114. No person shall knowingly make any false statement on any application for permits, wood receipts, or tags and seals. The application shall contain all of the following information: (a) The name, address, and telephone number of the applicant. (b) The amount and species of native plants to be transported. (c) The name of the county from which the native plants are to be removed. (d) A description sufficient to identify the real property from which the native plants are to be removed, and such other information or documents as the issuing agency may require to identify the general boundaries of the property. (e) The name, address, and telephone number of each landowner from whose property the native plants are to be removed. (f) The applicant’s timber operator permit number, if the harvesting of the native plants is subject to the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code). (g) The proposed date or dates of the transportation. (h) The location of the office of the peace officer who will validate the tag or tags. (i) The destination of the native plants. (j) The ultimate use of the native plants, such as for use as landscaping or decorative material, or for use as a raw material in the manufacture or processing of a product. (k) Make, model, and license number of the transportation vehicle. (l) Such other information as may be required by the agency issuing the permit. Every applicant shall, at the time of making the application, show his or her proof of ownership of the native plants. The application forms, tags, seals, and wood receipts shall be produced by the department, and distributed to the commissioner of each county subject to Section 80003. (Added by renumbering Section 70683.1 by Stats. 1984, Ch. 144, Sec. 79.)
  72. 80115.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    A permit under Sections 80111 to 80114 expires once its tags and seals have been attached to the covered plants and the plants are no longer in the permittee’s possession.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80115. Any permit issued pursuant to Section 80111, 80112, 80113, or 80114 shall expire when the tags and seals issued therewith have been attached to the plants covered by the permit and the plants are no longer in the possession of the permittee. (Added by renumbering Section 70684 by Stats. 1984, Ch. 144, Sec. 80.)
  73. 80116.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The director or commissioner may set cutting, harvesting, and plant care criteria for native plants.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80116. The director or commissioner may establish specific cutting, harvesting, and plant care criteria which shall include the most favorable and practical horticultural methods and seasons to assure the survivability of the plants and to assure compliance with existing local, state, and federal regulations. (Added by renumbering Section 70685 by Stats. 1984, Ch. 144, Sec. 81.)
  74. 80117.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    This section lists activities that this division does not stop, including certain land clearing, sanctioned recreational events, limited native plant removal with notice, and public agency or utility service work; it also lets the commissioner exempt dead and down wood use for certain fires.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80117. This division does not prevent any of the following: (a) The clearing of land for agricultural purposes, fire control measures, or required mining assessment work pursuant to federal or state mining laws. (b) The holding of a recreational event sanctioned by the Bureau of Land Management. (c) The clearing or removal of native plants from a canal, lateral ditch, survey line, building site, or road or other right-of-way by the landowner or his or her agent, if the native plants are not to be transported from the land or offered for sale and if the commissioner is given at least 10 days’ notice of any such activity. This division does not apply to a public agency or to a publicly or privately owned public utility when acting in the performance of its obligation to provide service to the public. This section does not prevent the landowner or his or her agent from complying with any other federal, state, or local laws or regulations. The commissioner may exempt the use of dead and down wood for camping or branding fires from the requirements of this division. (Added by renumbering Section 70686 by Stats. 1984, Ch. 144, Sec. 82.)
  75. 80118.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Small-scale harvesting or possession of native plants, and limited dead mesquite or palo verde handling, is allowed under stated conditions; larger possession of harvested native plants requires a tag and seal.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80118. Except as provided in Section 80072, no provision of this division prohibits any person from harvesting or possessing, for purposes other than resale, five or fewer native plants or from cutting, removing, harvesting, transporting, or possessing, for purposes other than resale, any dead mesquite or palo verde in amounts less than one cord, from land owned by the person, or from land leased by the person when the landowner’s written permission to harvest has been obtained and is exhibited, or from land not owned by the person when the person exhibits written permission to harvest from the landowner. The written permission shall not be valid unless it includes a description of the land satisfying the requirements of Section 80114 and the address and telephone number of the landowner. Persons harvesting five or fewer native plants, for purposes other than resale, and persons cutting, removing, harvesting, transporting, or possessing any dead mesquite or palo verde, for purposes other than resale, in amounts less than one cord shall not be required to obtain and exhibit any permits, tags and seals, or wood receipts. Persons possessing six or more harvested native plants shall obtain and exhibit a tag and seal for the sixth native plant and for each additional native plant in his or her possession. (Added by renumbering Section 70687 by Stats. 1984, Ch. 144, Sec. 83.)
  76. 80119.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Each county may adopt ordinances, as long as they are not inconsistent with this division, to control commercial harvesting in that county.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80119. Each county may enact ordinances not inconsistent with this division to control commercial harvesting in that county. (Added by renumbering Section 70688 by Stats. 1984, Ch. 144, Sec. 84.)
  77. 80120.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    The issuing agency must collect fees for permits, tags, seals, and wood receipts under this division, but not from a landowner moving native plants between their own properties when the plants are not being offered for sale.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80120. The issuing agency shall collect fees for the issuance of permits, tags and seals and wood receipts under this division, except from a landowner moving native plants from one of his or her properties to another, if the plants are not to be offered for sale. (Added by renumbering Section 70689 by Stats. 1984, Ch. 144, Sec. 85.)
  78. 80121.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    Certain harvested native plants and certain mesquite or palo verde wood may be confiscated as evidence if they are found without required tags, seals, or a wood receipt.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 5. Harvesting of Native Plants [80111 - 80121] ( Chapter 5 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80121. Any harvested native plant listed in Section 80072 or 80073, or added by the director pursuant to Section 80074, which is not exempt from the permit requirements of this division pursuant to Section 80118, found without a tag and seal securely and properly affixed thereto or for which the owner does not exhibit a tag and seal, or any mesquite or palo verde wood in the amount of one cord or more found in the possession of a person without a wood receipt, may be confiscated as evidence of a violation. (Added by renumbering Section 70690 by Stats. 1984, Ch. 144, Sec. 86.)
  79. 80151.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 6. Shipment of Plants [80151 - 80152] ( Chapter 6 added by Stats. 1981, Ch. 714, Sec. 156. )

    Verify source ↗

    A person or common carrier may not transport or hold for transport certain native plants or wood unless the shipment has the required permit, wood receipts, and tag and seal; out-of-state shipments also need a department inspection certificate.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 6. Shipment of Plants [80151 - 80152] ( Chapter 6 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80151. No person or common carrier shall transport, or receive or possess for transportation, any native plant or any wood, or part thereof, except its fruit or manufactured wood articles, that requires a permit, wood receipt, or tag and seal, unless the person offering the plant for shipment furnishes to the person or common carrier a valid permit therefor, and any required wood receipts, and has securely and properly attached thereto any required tag and seal. If for transportation outside of the state, the plant shall also bear a certificate of inspection by the department. (Added by renumbering Section 70700 by Stats. 1984, Ch. 144, Sec. 87.)
  80. 80152.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 6. Shipment of Plants [80151 - 80152] ( Chapter 6 added by Stats. 1981, Ch. 714, Sec. 156. )

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    People bringing covered native plants into California must carry a valid bill of sale and any required permits/tags, and show them for inspection on request.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 6. Shipment of Plants [80151 - 80152] ( Chapter 6 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80152. All native plant species or varieties subject to this division, when not grown in California and imported into this state, shall be declared at a California agricultural inspection station or an office of the department, and proceed to destination under quarantine orders issued by agents of the department employed at the station or office. Any person transporting any plant species or varieties subject to this division from outside the state into California shall have in his or her possession a valid bill of sale for those native plants, and such permits and tags as may be required by the state of origin, and shall produce the bill of sale as well as any permits and tags for inspection by any duly authorized person as described in this division or any peace officer of the state as a requirement for entry into the state of the native plants. (Added by renumbering Section 70701 by Stats. 1984, Ch. 144, Sec. 88.)
  81. 80171.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. )

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    A peace officer may arrest without a warrant and confiscate native plants or plant parts when enforcing this division.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80171. A peace officer may, in the enforcement of this division, make arrests without warrant for a violation of this division which he or she may witness, and may confiscate native plants, or parts thereof when unlawfully harvested, transported, possessed, sold, or otherwise obtained in violation of this division. (Added by renumbering Section 70720 by Stats. 1984, Ch. 144, Sec. 89.)
  82. 80172.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. )

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    Violating any provision of this division is a misdemeanor and can be punished by a fine, jail time, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80172. A person violating any provision of this division is guilty of a misdemeanor punishable by a fine of not less than one thousand five hundred dollars ($1,500), nor more than two thousand five hundred dollars ($2,500), for each violation or by imprisonment in the county jail not to exceed one year, or both, and each violation constitutes a separate offense. (Amended by Stats. 2004, Ch. 421, Sec. 1. Effective January 1, 2005.)
  83. 80173.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. )

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    If someone is convicted of violating this division, their permits are revoked, they must surrender unused tags, seals, or wood receipts to the issuing agency, and they cannot receive new or additional permits for one year.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80173. Upon conviction of a violation of this division, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the issuing agency and no new or additional permits shall be issued to the permittee for a period of one year from the date of conviction. (Added by renumbering Section 70722 by Stats. 1984, Ch. 144, Sec. 91.)
  84. 80174.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. )

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    A second conviction brings penalties, permit revocation, and surrender of unused tags, seals, or wood receipts.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80174. A second conviction shall be punishable by a fine of not less than three hundred dollars ($300), nor more than five thousand dollars ($5,000), for each violation, by imprisonment in a county jail for not more than one year, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment, and each violation shall constitute a separate offense. Upon the second conviction, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the issuing agency and no new or additional permits shall be issued to the permittee at any time in the future from the date of conviction. (Amended by Stats. 2011, Ch. 15, Sec. 123. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  85. 80175.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. )

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    The issuing agency may revoke permits, tags, or seals for harvesting for ultimate replanting if the permittee willfully violates the permit’s conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 7. Enforcement [80171 - 80175] ( Chapter 7 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80175. The issuing agency may revoke any permit, tags, or seals issued for the purpose of harvesting for ultimate replanting if the permittee willfully fails to comply with all of the conditions or stipulations of the permit. (Added by renumbering Section 70724 by Stats. 1984, Ch. 144, Sec. 93.)
  86. 802.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 1. General Provisions [801 - 803] ( Article 1 added by Stats. 1982, Ch. 1150, Sec. 1. )

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    The Legislature states findings about California agriculture, including its economic importance and the need for a sound natural resource base.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 1. General Provisions [801 - 803] ( Article 1 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## 802. The Legislature finds and declares the following: (a) Agriculture is the number one industry in California, which is the leading agricultural state in the country. (b) Although California’s cultivated land accounts for approximately 3 percent of the country’s entire supply of farmland, the state has historically produced about 10 percent of the farm cash receipts in the United States. (c) California leads the nation in the production of approximately 50 different crops and livestock products. (d) The diversity of the state’s agriculture is truly impressive, for over 250 different commodities are grown here. (e) Family owned farms produce most of the food and fiber produced by the California agricultural industry. (f) The economic strength of the California’s agricultural industry depends on farmers and ranchers being able to profitably market the commodities and products raised. (g) A profitable and healthy farming industry must be sustained by a sound natural resource base of soils, water, and air which is developed, conserved, and maintained to ensure sufficient quantities and the highest optimum quality possible. (Amended by Stats. 1986, Ch. 408, Sec. 1.)
  87. 80201.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 8. Financial Provisions [80201- 80201.] ( Chapter 8 added by Stats. 1981, Ch. 714, Sec. 156. )

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    Fees or money collected under this division must be paid into the county general fund.

    ## Food and Agricultural Code - FAC ## DIVISION 23. CALIFORNIA DESERT NATIVE PLANTS [80001 - 80201] ( Division 23 repealed (by Sec. 154) and added by Stats. 1981, Ch. 714, Sec. 156. ) ## CHAPTER 8. Financial Provisions [80201- 80201.] ( Chapter 8 added by Stats. 1981, Ch. 714, Sec. 156. ) ## 80201. All fees or moneys collected under this division shall be paid into the general fund of the county in which the permits, tags and seals, and wood receipts were issued. (Added by renumbering Section 70740 by Stats. 1984, Ch. 144, Sec. 94.)
  88. 803.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 1. General Provisions [801 - 803] ( Article 1 added by Stats. 1982, Ch. 1150, Sec. 1. )

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    The Legislature states that California does not presently have a formal agricultural policy, and says such a policy should guide legislative decisionmaking.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 1. General Provisions [801 - 803] ( Article 1 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## 803. The Legislature further finds and declares that, regardless of the findings in Section 802, this state does not presently have a formal agricultural policy. That policy should guide decisionmaking by the Legislature so that the needs of the agricultural industry can be considered for the benefit of the residents of this state, each of whom is directly and indirectly affected by California agriculture. (Added by Stats. 1982, Ch. 1150, Sec. 1.)
  89. 81001.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    This section creates an Industrial Hemp Advisory Board, sets its membership and appointment rules, and gives it meeting and advisory duties.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81001. (a) There is in the department an Industrial Hemp Advisory Board. The board shall consist of 13 members, appointed by the secretary as follows: (1) Six of the board members shall be growers of industrial hemp that are registered pursuant to the provisions of this division. (2) Two of the board members shall be members of an established agricultural research institution. (3) One member of the board shall be a representative as provided by the California State Sheriffs’ Association and approved by the secretary. (4) One member of the board shall be a county agricultural commissioner. (5) Two members of the board shall be representatives of businesses that sell industrial hemp products. (6) One member of the board shall be a member of the public. (b) It is hereby declared, as a matter of legislative determination, that growers and representatives of industrial hemp product manufacturers and businesses appointed to the board pursuant to this division are intended to represent and further the interest of a particular agricultural industry, and that the representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that persons who are appointed to the board shall be subject to the conflict-of-interest provisions described in Sections 87100 and 87103 of the Government Code. (c) The term of office for a member of the board is three years. If a vacancy exists, the secretary shall, consistent with the membership requirements described in subdivision (a), appoint a replacement member to the board for the duration of the term. (d) A member of the board shall not receive a salary but may be reimbursed by the department for attendance at meetings and other board activities authorized by the board and approved by the secretary. (e) The board shall advise the secretary and may make recommendations on all matters pertaining to this division, including, but not limited to, industrial hemp seed law and regulations, enforcement, annual budgets required to accomplish the purposes of this division, and the setting of an appropriate assessment rate necessary for the administration of this division. (f) The board shall annually elect a chair from its membership and, from time to time, other officers as it deems necessary. (g) The board shall meet at the call of its chair or the secretary, or at the request of any four members of the board. The board shall meet at least once a year to review budget proposals and fiscal matters related to the proposals. (Amended by Stats. 2021, Ch. 485, Sec. 3. (SB 292) Effective January 1, 2022.)
  90. 81002.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    Industrial hemp may be grown only from approved cultivars, with specified research and breeder exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81002. (a) Except when grown by a registered established agricultural research institution or by a registered hemp breeder developing a new cultivar, industrial hemp shall be grown only if it is on the list of approved cultivars, or produced by clonal propagation of industrial hemp that is on the list of approved cultivars. (b) The list of approved cultivars shall include all of the following: (1) Industrial hemp cultivars that have been certified by member organizations of the Association of Official Seed Certifying Agencies, including, but not limited to, the Canadian Seed Growers’ Association. (2) Industrial hemp cultivars that have been certified by the Organization of Economic Cooperation and Development. (3) California varieties of industrial hemp cultivars that have been certified by a seed-certifying agency pursuant to Article 6.5 (commencing with Section 52401) of Chapter 2 of Division 18. (c) (1) Upon recommendation by the board or the department, the secretary may update the list of approved cultivars by adding, amending, or removing cultivars. (2) The adoption, amendment, or repeal of the list of approved cultivars, and the adoption of a methodology and procedure to add, amend, or remove a cultivar from the list of approved cultivars, pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (3) The department, in consultation with the board, shall hold at least one public hearing with public comment to determine the methodology and procedure by which a cultivar is added, amended, or removed from the list of approved cultivars. (4) The department shall finalize the methodology and procedure to add, amend, or remove a cultivar from the list of approved cultivars and send the methodology and procedure to the Office of Administrative Law. The Office of Administrative Law shall file the methodology and procedure promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The methodology and procedure shall do all of the following: (A) Indicate that the methodology and procedure are adopted pursuant to this division. (B) State that the methodology and procedure are being transmitted for filing. (C) Request that the Office of Administrative Law publish a notice of the filing of the methodology and procedure and print an appropriate reference in Title 3 of the California Code of Regulations. (d) The department, in consultation with the board, may determine the manner in which the public is given notice of the list of approved cultivars, and any addition, amendment, or removal from that list. (Amended by Stats. 2021, Ch. 485, Sec. 4. (SB 292) Effective January 1, 2022.)
  91. 81003.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    Industrial hemp growers generally must register with the county commissioner before cultivation, unless a stated research or breeder exception applies.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81003. (a) (1) Except for an established agricultural research institution subject to Section 81004.5 or a hemp breeder subject to Section 81004, and before cultivation, a grower of industrial hemp shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. (2) The application shall include all of the following: (A) The name, physical address, and mailing address of the applicant. (B) The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both. (C) The approved cultivar to be grown, including the state or country of origin. (3) The application shall be accompanied by a registration fee, as determined pursuant to Section 81005. (4) A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew the registration and pay an accompanying renewal fee, as determined pursuant to Section 81005. (b) If the commissioner determines that the requirements for registration pursuant to this division are met and that the applicant is eligible to participate in the industrial hemp program, in accordance with Sections 81012 to 81014, inclusive, the commissioner shall issue a registration to the applicant. (c) A registrant that wishes to change or alter the land area on which the registrant conducts industrial hemp cultivation or storage, or both, shall, before any alteration or change, submit to the commissioner an updated registration with the legal description, Global Positioning System coordinates, and map specifying the proposed land change or alteration. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate industrial hemp on the changed or altered land area. (d) A registrant that wishes to change the cultivar grown shall submit to the commissioner the name of the new, approved cultivar to be grown. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate the new cultivar. (e) (1) The commissioner shall transmit information collected under this section to the department no more than 10 business days after the date on which it is collected or the date of a change in registration status occurred. (2) The department shall submit the information described in paragraph (a) of Section 990.70 of Title 7 of the Code of Federal Regulations to the United States Department of Agriculture no more than 30 business days after the date on which it is collected or the date of a change in registration status occurred. (f) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it. (Amended by Stats. 2021, Ch. 485, Sec. 5. (SB 292) Effective January 1, 2022.)
  92. 81004.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    A hemp breeder must register with the county commissioner before cultivation, unless the hemp is grown by an established agricultural research institution under Section 81004.5.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81004. (a) (1) Except when grown by an established agricultural research institution subject to Section 81004.5, and before cultivation, a hemp breeder shall register with the commissioner of the county in which the hemp breeder intends to engage in industrial hemp cultivation. (2) The application shall include all of the following: (A) The name, physical address, and mailing address of the applicant. (B) The legal description, Global Positioning System coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both. (C) A variety development plan, which shall include all of the following: (i) If a new cultivar is to be certified by a seed-certifying agency, the name of the seed-certifying agency that will be conducting the certification. (ii) The industrial hemp varieties that will be used and, if applicable, how those varieties will be used in the development of a new cultivar. (iii) A plan for testing a representative sample of the plants grown. (iv) The measures that will be taken to destroy or dispose of any plants with THC concentrations that test above 0.3 percent. (v) The measures that will be taken to prevent the unlawful use of industrial hemp under this division. (vi) A procedure for the maintenance of records documenting the development of the new cultivar. (3) The application shall be accompanied by a registration fee, as determined pursuant to Section 81005. (4) A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew its registration and pay an accompanying renewal fee, as determined pursuant to Section 81005. (b) If the commissioner determines that the requirements for registration pursuant to this division are met and that the applicant is eligible to participate in the industrial hemp program, in accordance with Sections 81012 to 81014, inclusive, the commissioner shall issue a hemp breeder registration to the applicant. (c) A registrant that wishes to change or alter the land area on which the registrant conducts industrial hemp cultivation or storage, or both, shall, before any alteration or change, submit to the commissioner an updated registration with the legal description, Global Positioning System coordinates, and map specifying the proposed land change or alteration. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate industrial hemp on the changed or altered land area. (d) A registrant that wishes to change the cultivar grown shall submit to the commissioner the name of the new, approved cultivar to be grown. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate the new cultivar. (e) A registrant developing a new cultivar who wishes to change any provision of the variety development plan shall submit to the commissioner the revised variety development plan. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that the registrant may cultivate under the revised variety development plan. (f) All records pertaining to the variety development plan shall be kept and maintained by the hemp breeder and be available upon request by the commissioner, a law enforcement agency, or a seed certifying agency. (g) (1) The commissioner shall transmit information collected under this section to the department no more than 10 business days after the date on which it is collected or the date of a change in registration status occurred. (2) The department shall submit the information described in paragraph (a) of Section 990.70 of Title 7 of the Code of Federal Regulations to the United States Department of Agriculture no more than 30 business days after the date on which it is collected or the date of a change in registration status occurred. (h) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it. (Amended by Stats. 2021, Ch. 485, Sec. 6. (SB 292) Effective January 1, 2022.)
  93. 81004.5.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    An agricultural research institution must register before cultivating hemp, update the registration and research plan before making changes, and keep research records available on request.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81004.5. (a) (1) Before cultivating hemp for agricultural or academic research, an established agricultural research institution shall register with the commissioner of the county in which it intends to cultivate. (2) The registration application shall include all of the following: (A) The name, physical address, and mailing address of the applicant. (B) The legal description, Global Positioning System coordinates, and map of the geographic area where the applicant plans to engage in hemp cultivation or storage, or both. (C) A research plan that shall include all of the following: (i) The hemp varieties that will be used and, if applicable, how those varieties will be used for purposes of agricultural or academic research. (ii) A plan for testing a representative sample of the plants cultivated. (iii) The measures that will be taken to destroy or dispose of any plants with THC concentrations that test above 0.3 percent. (iv) A procedure for the maintenance of records documenting the agricultural or academic research. (3) A registration issued pursuant to this section shall be valid for one year, after which the registrant shall renew its registration if it will continue cultivating hemp beyond that term. (b) If the commissioner determines that the requirements for registration pursuant to this division are met and that the applicant is eligible to participate in the hemp program, in accordance with Sections 81012 to 81014, inclusive, the commissioner shall issue an established agricultural research institution registration to the applicant. (c) A registrant that wishes to change or alter the land area on which the registrant conducts hemp cultivation or storage, or both, shall, before any alteration or change, submit to the commissioner an updated registration with the legal description, Global Positioning System coordinates, and map specifying the proposed land change or alteration. Once the commissioner has received the change to the registration and the commissioner determines that the requirements pursuant to this division are met, the commissioner shall notify the registrant that it may cultivate hemp on the changed or altered land area. (d) A registrant conducting agricultural or academic research who wishes to change any provision of the research plan shall submit to the commissioner a revised research plan. Once the commissioner has received the revised research plan, and the commissioner determines that the requirements of this division are met, the commissioner shall notify the registrant that it may cultivate under the revised research plan. (e) All records pertaining to the research plan shall be kept and maintained by the established agricultural research institution and be available upon request by the commissioner or a law enforcement agency. (f) (1) The commissioner shall transmit information collected under this section to the department no more than 10 business days after the date on which it is collected or the date of a change in registration status occurred. (2) The department shall submit the information described in paragraph (a) of Section 990.70 of Title 7 of the Code of Federal Regulations to the United States Department of Agriculture no more than 30 business days after the date on which it is collected or the date of a change in registration status occurred. (g) The department and the commissioner shall retain information collected under this section for at least three years after collecting or receiving it. (h) This section shall become operative as of the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)). (Amended by Stats. 2021, Ch. 485, Sec. 7. (SB 292) Effective January 1, 2022. Operative on the date prescribed by its own provisions.)
  94. 81004.6.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

    Verify source ↗

    Registered agricultural research institutions, industrial hemp growers, and hemp breeders must report hemp production and any production-location changes to the USDA Farm Service Agency and provide specified location and production details.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81004.6. Each registered established agricultural research institution, registered grower of industrial hemp, and registered hemp breeder shall report on its hemp production in the state and any changes to the location where it will produce hemp to the Farm Service Agency of the United States Department of Agriculture and shall provide, at minimum, all of the following information: (a) Street address and, to the extent practicable, geospatial location of the lot, parcel, greenhouse, building, or site of all locations in the state where hemp will be produced. (b) The acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp, for each location in the state where hemp will be produced. (c) The license or registration number associated with each location in the state where hemp will be produced. (Added by Stats. 2021, Ch. 485, Sec. 8. (SB 292) Effective January 1, 2022.)
  95. 81005.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    The department must set registration and renewal fees for industrial hemp growers and hemp breeders, with an exception for established agricultural research institutions.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81005. (a) The department shall establish a registration fee and appropriate renewal fee to be paid by growers of industrial hemp and hemp breeders, not including an established agricultural research institution, to cover the actual costs of implementing, administering, and enforcing the provisions of this division. (b) Fees established pursuant to subdivision (a) that are collected by the commissioners upon registration or renewal pursuant to Section 81003 or 81004, except for amounts retained pursuant to this subdivision, shall be forwarded, according to procedures set by the department, to the department for deposit into the Department of Food and Agriculture Fund to be used for the administration and enforcement of this division. A commissioner or the county, as appropriate, may retain the amount of a fee necessary to reimburse direct costs incurred by the commissioner in the collection of the fee. (c) The board of supervisors of a county may establish a reasonable fee, in an amount necessary to cover the actual costs of the commissioner and the county of implementing, administering, and enforcing the provisions of this division, except for costs that are otherwise reimbursed pursuant to subdivision (b), to be charged and collected by the commissioner upon registrations or renewals required pursuant to Section 81003 or 81004 and retained by the commissioner or the county, as appropriate. (Amended by Stats. 2019, Ch. 838, Sec. 9. (SB 153) Effective January 1, 2020.)
  96. 81006.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    Industrial hemp growers must follow acreage, testing, labeling, reporting, retention, and destruction rules, and hemp cannot be clandestinely grown or grown on licensed cannabis premises.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81006. Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing. (a) Except when grown by a registered established agricultural research institution or a registered hemp breeder, industrial hemp shall be grown in acreages of not less than one-tenth of an acre at the same time. (b) Clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp. (c) Industrial hemp shall not be cultivated on a premises licensed by the Department of Cannabis Control to cultivate or process cannabis. Industrial hemp, regardless of its THC content, that is cultivated on a premises licensed by the Department of Cannabis Control for cannabis cultivation shall be considered cannabis as defined in Section 26001 of the Business and Professions Code and subject to licensing and regulatory requirements for cannabis pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code. (d) Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40. (e) (1) Except when industrial hemp is grown by a registered established agricultural research institution and tested in accordance with an approved research plan or by a registered hemp breeder and tested in accordance with an approved variety development plan, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown. (2) Sampling shall occur within the timeframe established by the department. (3) The sample collected for THC testing shall be taken with the grower or hemp breeder present. The department shall establish, by regulation, the sampling procedures, including all of the following: (A) The number of plants to be sampled per field, and any compositing of samples. (B) The portions of the plant to be sampled. (C) The plant parts to be included in a sample. (D) Additional procedures as necessary to ensure accuracy and the sanitation of samples and fields. (4) The sample collected for THC testing shall be accompanied by the registrant’s proof of registration. (5) The laboratory test report shall be issued by a laboratory approved by the department, using a department-approved testing method. The testing method shall use postdecarboxylation or similarly reliable methods for determining THC concentration levels. The laboratory test report shall indicate the percentage concentration of THC on a dry-weight basis, indicate the date and location of samples taken, and state the Global Positioning System coordinates and total acreage of the crop. If the laboratory test report indicates a percentage concentration of THC that is equal to or less than 0.3 percent, the words “PASSED AS CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the top of the laboratory test report. If the laboratory test report indicates a percentage concentration of THC that is greater than 0.3 percent, the words “FAILED AS CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the top of the laboratory test report. The laboratory test report shall also include an estimate of the measurement of uncertainty associated with the test results. A laboratory shall use appropriate, validated methods and procedures for all testing activities and estimates of the measurement of uncertainty. (6) If the laboratory test report indicates a percentage concentration of THC that is equal to or less than 0.3 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling. (7) If the laboratory test report indicates a percentage concentration of THC that is greater than 0.3 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing of the industrial hemp grown. (8) A registrant that grows industrial hemp shall destroy or dispose of the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage concentration of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (7) indicating a percentage concentration of THC that exceeds 0.3 percent but is less than 1 percent. If the percentage concentration of THC exceeds 1 percent, the destruction or disposal shall begin within 48 hours, and be completed within seven days, after receipt of the laboratory test report. If the percentage concentration of THC in the second laboratory test report exceeds 0.3 percent but is less than 1 percent, the destruction or disposal shall take place as soon as practicable, but no later than 45 days after receipt of the second test report. (9) A registrant that intends to grow industrial hemp and who complies with this section shall not be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage concentration of THC that is greater than 0.3 percent but does not exceed 1 percent. (10) A registered established agricultural research institution or a registered hemp breeder shall obtain laboratory results in accordance with its approved research plan or variety development plan. The secretary may authorize a registered established agricultural research institution or hemp breeder to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage concentration of THC that is greater than 0.3 percent in accordance with its approved research plan or variety development plan if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the 0.3 percent THC limit established in this division. (11) A registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant. (Amended (as amended by Stats. 2021, Ch. 70, Sec. 101) by Stats. 2021, Ch. 485, Sec. 9. (SB 292) Effective January 1, 2022.)
  97. 81007.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    The department may create and run an agricultural pilot program by regulation as part of the industrial hemp registration program.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81007. (a) As part of the registration program established pursuant to this division, the department may establish and carry out, by regulation, an agricultural pilot program pursuant to Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) in accordance with the purposes of that section. (b) This section shall remain operative only until the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the following year is repealed. (Amended by Stats. 2021, Ch. 485, Sec. 10. (SB 292) Effective January 1, 2022. Conditionally inoperative as prescribed by its own provisions. Repealed January 1 following the inoperative date.)
  98. 81009.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    The board must report specified industrial hemp economic impacts to legislative committees by the stated deadline, after consulting the Hemp Industries Association or its successor.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81009. Not later than January 1, 2019, or five years after the provisions of this division are authorized under federal law, whichever is later, the board, in consultation with the Hemp Industries Association, or its successor industry association, shall report the following to the Assembly and Senate Committees on Agriculture and the Assembly and Senate Committees on Public Safety: (a) The economic impacts of industrial hemp cultivation, processing, and product manufacturing in California. (b) The economic impacts of industrial hemp cultivation, processing, and product manufacturing in other states that may have permitted industrial hemp cultivation. (Added by Stats. 2013, Ch. 398, Sec. 4. (SB 566) Effective January 1, 2014. Section operative January 1, 2017, pursuant to Section 81010.)
  99. 81010.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    This division and Section 221 become operative on January 1, 2017.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81010. This division, and Section 221 shall become operative on January 1, 2017. (Amended by Stats. 2017, Ch. 27, Sec. 112. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64, making Division 24 (commencing with Section 81000) operative on January 1, 2017.)
  100. 81011.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    An established agricultural research institution must give the county commissioner the GPS coordinates of the planned industrial hemp site before cultivation begins.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81011. (a) Before cultivating industrial hemp, an established agricultural research institution shall provide the Global Positioning System coordinates of the planned cultivation site to the commissioner of the county in which the site is located. (b) This section shall remain operative only until the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), and as of January 1 of the following year is repealed. (Amended by Stats. 2021, Ch. 485, Sec. 12. (SB 292) Effective January 1, 2022. Conditionally inoperative as prescribed by its own provisions. Repealed January 1 following the inoperative date.)
  101. 81012.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    Industrial hemp growers, research institutions, and hemp breeders can face corrective-action requirements, reporting duties, program ineligibility, and referral to government attorneys if violations are intentional or repeated.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81012. (a) Enforcement of the approved state plan shall comply with Section 297B(e) of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)). (b) A grower of industrial hemp, established agricultural research institution, or hemp breeder that the secretary determines has violated a provision of this division listed in the approved state plan or an additional requirement listed pursuant to subdivision (b) of Section 81015, including, but not limited to, by failing to provide a legal description of the land on which industrial hemp is grown, failing to register as required, or exceeding the 0.3 percent THC limit established in this division, shall be subject to the following consequences: (1) For a negligent violation, as determined by the secretary, the consequences under state laws for a violation of this division shall be as follows: (A) If the violation is not a repeat violation subject to subparagraph (B), the grower of industrial hemp, established agricultural research institution, or hemp breeder shall comply with a corrective action plan, to be established by the secretary, that includes both of the following: (i) A reasonable date by which the grower of industrial hemp, established agricultural research institution, or hemp breeder shall correct the negligent violation. (ii) A requirement that the grower of industrial hemp, established agricultural research institution, or hemp breeder shall periodically report to the secretary, for a period of at least the next two calendar years, on its compliance with this division or the approved state plan. (B) A grower of industrial hemp, established agricultural research institution, or hemp breeder that commits a negligent violation three times in a five-year period shall be ineligible to participate in the industrial hemp program for a period of five years beginning on the date of the finding of the third violation. (C) A grower of industrial hemp, established agricultural research institution, or hemp breeder shall not, as a result of a negligent violation, be subject to any criminal enforcement action by the state or a local government. (2) For a violation committed intentionally, or with recklessness or gross negligence, the secretary shall immediately report the grower of industrial hemp, established agricultural research institution, or hemp breeder to the Attorney General of the United States and the Attorney General of this state, as applicable. (c) This section shall become operative as of the date on which a state plan for California is approved pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)). (Amended by Stats. 2022, Ch. 28, Sec. 50. (SB 1380) Effective January 1, 2023. Operative on the date prescribed by its own provisions.)
  102. 81013.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    People convicted of certain drug-related felonies are barred from participating in the industrial hemp program for 10 years after conviction.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81013. Any person convicted of a felony relating to a controlled substance under state or federal law before, on, or after January 1, 2020, shall be ineligible, during the 10-year period following the date of the conviction, to participate in the industrial hemp program. (Added by Stats. 2019, Ch. 838, Sec. 12. (SB 153) Effective January 1, 2020.)
  103. 81014.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    If a person materially falsifies information in certain industrial hemp program applications or registrations, they become ineligible to participate in the program.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81014. A person that materially falsifies any information contained in an application or registration under Section 81003 or 81004, or other application to participate in the industrial hemp program, shall be ineligible to participate in the industrial hemp program. (Added by Stats. 2019, Ch. 838, Sec. 13. (SB 153) Effective January 1, 2020.)
  104. 81015.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. )

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    The secretary must develop and submit a state hemp plan by May 1, 2020, and include an annex listing the division’s provisions in the plan and any extra requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 24. INDUSTRIAL HEMP [81000 - 81015] ( Division 24 added by Stats. 2013, Ch. 398, Sec. 4. ) ## 81015. (a) On or before May 1, 2020, the secretary, in consultation with the Governor and the Attorney General, shall develop and submit to the United States Secretary of Agriculture a state plan, consistent with this division, pursuant to Section 297B of the federal Agricultural Marketing Act of 1946 (added by Section 10113 of the federal Agriculture Improvement Act of 2018 (Public Law 115-334)), including a certification that the state has the resources and personnel to carry out the practices and procedures described in clauses (i) to (iv), inclusive, of subparagraph (A) of paragraph (2) of subsection (a) of that section. (b) In an annex to the state plan, the secretary shall list the provisions of this division that are included in the state plan, and any additional requirements in the state plan, that shall be subject to enforcement pursuant to Section 81012. (Added by Stats. 2019, Ch. 838, Sec. 14. (SB 153) Effective January 1, 2020.)
  105. 82000.

    ## Food and Agricultural Code - FAC ## DIVISION 25. Food Labeling [82000 - 82001] ( Division 25 added by Stats. 2017, Ch. 787, Sec. 2. )

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    This section defines “quality date,” “safety date,” and “sell by” date for food labels.

    ## Food and Agricultural Code - FAC ## DIVISION 25. Food Labeling [82000 - 82001] ( Division 25 added by Stats. 2017, Ch. 787, Sec. 2. ) ## 82000. For purposes of this division, the following definitions apply: (a) “Quality date” means a date on a label affixed to the packaging or a container of food that communicates to consumers the date after which the food quality may begin to deteriorate but the food may still be acceptable for consumption. (b) “Safety date” means a date on a label affixed to the packaging or container of food that communicates to consumers that the food should be consumed or frozen, if appropriate, by the date listed on the package that applies to perishable products with potential safety implications over time. (c) “‘Sell by’ date” means a date on a label affixed to the packaging or container of food that is intended to communicate primarily to a distributor or retailer for purposes of stock rotation and that is not a quality date or a safety date. (Added by Stats. 2017, Ch. 787, Sec. 2. (AB 954) Effective January 1, 2018.)
  106. 82001.

    ## Food and Agricultural Code - FAC ## DIVISION 25. Food Labeling [82000 - 82001] ( Division 25 added by Stats. 2017, Ch. 787, Sec. 2. )

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    This section requires certain food labels to use specific standard date terms starting July 1, 2026, and bars sale of covered foods labeled with noncompliant date labels or the phrase “sell by,” subject to stated exceptions.

    ## Food and Agricultural Code - FAC ## DIVISION 25. Food Labeling [82000 - 82001] ( Division 25 added by Stats. 2017, Ch. 787, Sec. 2. ) ## 82001. (a) On and after July 1, 2026, a food manufacturer, processor, or retailer responsible for the labeling of food items for human consumption that chooses, or is otherwise required by law, to display a date label to communicate a quality or safety date on a food item manufactured on or after July 1, 2026, shall use one of the following uniform terms on the date label: (1) “BEST if Used by” or “BEST if Used or Frozen by” to indicate the quality date of the food item. (2) “USE by” or “USE by or Freeze by” to indicate the safety date of the food item. (3) “BB” to indicate the quality date of the food item if the food item is too small to include the uniform term described in paragraph (1) or if the food item is a beverage as defined in Section 14504 of the Public Resources Code. (4) “UB” to indicate the safety date of the food item if the food item is too small to include the uniform term described in paragraph (2). (b) (1) A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that displays a quality or safety date label that is not labeled in accordance with subdivision (a). (2) A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that is labeled with the phrase “sell by.” This paragraph does not prohibit the use of “sell by” dates that are presented in a coded format that are not easily readable by consumers and that do not use the phrase “sell by.” (c) (1) The department may accept nonstate funds from public and private sources to, on its internet website, educate consumers about the meaning of the quality dates and safety dates specified in this section. (2) Funds accepted by the department pursuant to paragraph (1) shall be deposited into the Consumer Education Account, which is hereby created in the Department of Food and Agriculture Fund. (3) Notwithstanding Section 13340 of the Government Code, all funds in the Consumer Education Account are hereby continuously appropriated to the department without regard to fiscal years to carry out the purpose provided in paragraph (1). (d) (1) This section does not prohibit, and shall not be construed to discourage, the sale, donation, or use of food after the food’s quality date pursuant to paragraph (1) of subdivision (a) has passed. A retail food facility may donate a food item for human consumption that is not labeled in accordance with this section. (2) Unless otherwise required by law, this section shall not be construed to require the use or display of a date label on a food item for human consumption unless the food item displays a date label. (3) This section does not prohibit the use or display of a label that allows consumers to view online information about a food item for human consumption. (4) Notwithstanding subdivisions (a) and (b), on and after July 1, 2026, a grocery store may display a label with the phrase “packed on” on a prepared food item and may sell or offer for sale in the state the prepared food item with that label if the prepared food item also displays a quality or safety date label in accordance with subdivision (a). (5) This section does not prohibit a person from displaying on wine, a distilled spirit, or a wine- or distilled spirit-based product bottled or packaged on or after July 1, 2026, a label with a statement that communicates the date on which the wine, distilled spirit, or wine- or distilled spirit-based product was produced, manufactured, bottled, or packaged, or from selling or offering for sale in the state the wine, distilled spirit, or wine- or distilled spirit-based product with that label. The statement may use date formats, including, but not limited to, dates in a time, day, month, and year format and Julian dates. (6) To the extent that any other law or a National Shellfish Sanitation Program provision governing the labeling of shellfish authorizes or requires the use of terms that conflict, or are inconsistent, with this section, this section does not apply. (e) This section does not apply to any of the following: (1) Infant formula. (2) Eggs or pasteurized in-shell eggs. (3) Beer and other malt beverages. (f) For purposes of this section, the following definitions apply: (1) “Grocery store” means a store engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood counter. (2) “Prepared food item” means a food item for human consumption prepared or repackaged on a grocery store’s premises, using any cooking or food preparation technique. (g) If and to the extent that any provision of this section is preempted by federal law, the provision does not apply and shall not be enforced. (Amended by Stats. 2025, Ch. 67, Sec. 82. (AB 1170) Effective January 1, 2026.)
  107. 821.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 2. Agricultural Policy [821 - 822] ( Article 2 added by Stats. 1982, Ch. 1150, Sec. 1. )

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    The Legislature must support a sound, healthy, productive, and profitable agriculture in California.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 2. Agricultural Policy [821 - 822] ( Article 2 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## 821. As part of promoting and protecting the agricultural industry of the state and for the protection of public health, safety, and welfare, the Legislature shall provide for a continuing sound and healthy agriculture in California and shall encourage a productive and profitable agriculture. Major principles of the state’s agricultural policy shall be all of the following: (a) To increase the sale of crops and livestock products produced by farmers, ranchers, and processors of food and fiber in this state. (b) To enhance the potential for domestic and international marketing of California agricultural products through fostering the creation of value additions to commodities and the development of new consumer products. (c) To sustain the long-term productivity of the state’s farms by conserving and protecting the soil, water, and air, which are agriculture’s basic resources. (d) To maximize the ability of farmers, ranchers, and processors to learn about and adopt practices that will best enable them to achieve the policies stated in this section. (Amended by Stats. 2000, Ch. 670, Sec. 3. Effective January 1, 2001.)
  108. 822.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 2. Agricultural Policy [821 - 822] ( Article 2 added by Stats. 1982, Ch. 1150, Sec. 1. )

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    The Legislature must review actions taken to implement and further the state agricultural policy.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 6. State Agricultural Policy [801 - 822] ( Chapter 6 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## ARTICLE 2. Agricultural Policy [821 - 822] ( Article 2 added by Stats. 1982, Ch. 1150, Sec. 1. ) ## 822. The Legislature shall review actions taken in the implementation and furtherance of the state agricultural policy for their impact on the following factors: (a) Productive agricultural land. (b) Agricultural water supplies. (c) Agricultural energy resources, including, but not limited to, energy rates and rate structures. (d) Pest control, exclusion, detection, and eradication activities. (e) Agricultural labor. (f) Agricultural production tools, including, but not limited to, fertilizers and implements of husbandry. (g) Marketing agricultural products in the domestic and foreign markets. (h) Agricultural research, education, and agricultural extension programs. (i) Agricultural transportation and distribution systems. (j) Agricultural financing. (k) Family owned farms. (l) Activities of county agricultural commissioners. (m) Agricultural exhibits at state-supported fairs. (n) Recycling agricultural byproducts. (o) Applied new technologies including, but not limited to, new food product and value-added product development. (Amended by Stats. 1987, Ch. 152, Sec. 1. Effective July 10, 1987.)
  109. 8401.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    This section names the part the Citrus Pest District Control Law.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8401. This part shall be known as the Citrus Pest District Control Law. (Amended by Stats. 1989, Ch. 904, Sec. 2.)
  110. 8402.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

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    This section states the purpose of the part: to provide a procedure for creating, running, governing, and dissolving citrus pest districts.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8402. It is the purpose of this part to make available a procedure for the organization, operation, government, and dissolution of districts for the more effective control and eradication of citrus pests, whichever products the district is established to protect. (Amended by Stats. 1989, Ch. 904, Sec. 3.)
  111. 8403.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The chapter’s definitions apply to this part 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8403. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1967, Ch. 15.)
  112. 8404.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Board” means the board of directors of a district.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8404. “Board” means the board of directors of a district. (Enacted by Stats. 1967, Ch. 15.)
  113. 8405.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “citrus acreage” as land with 25 or more citrus trees of any age, unless the land is used as a nursery.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8405. “Citrus acreage” means any parcel, tract, or lot of land with 25 or more citrus trees of any age growing on it, except a parcel, tract, or lot which is used as a nursery. (Amended by Stats. 1989, Ch. 904, Sec. 4.)
  114. 8406.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Citrus pest” is defined to include certain diseases, animals, and plants that infest citrus trees or citrus fruits.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8406. “Citrus pest” includes any infectious, transmissible, or contagious disease, any form of animal life, or any form of vegetable life infesting citrus trees or citrus fruits. (Amended by Stats. 1989, Ch. 904, Sec. 5.)
  115. 8407.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “District” means a citrus pest control district organized under this part.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8407. “District” means a citrus pest control district organized pursuant to this part. (Amended by Stats. 1989, Ch. 904, Sec. 6.)
  116. 8408.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    For assessment under this part, “number of trees per acre of average planting” means 100 trees per acre.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8408. “Number of trees per acre of average planting,” for the purpose of assessment pursuant to this part, shall be 100 trees per acre. (Enacted by Stats. 1967, Ch. 15.)
  117. 8409.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “owner” broadly to include several related roles and people holding property in trust under court appointment.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8409. “Owner” includes joint owner, coowner, guardian, executor, administrator, or any other person that holds property in a trust capacity under appointment of court. (Enacted by Stats. 1967, Ch. 15.)
  118. 8410.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Citrus” is defined to include “citrous,” certain plants in the genera Citrus, Fortunella, and Poncirus, and their hybrids.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 1. Definitions and General Provisions [8401 - 8410] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## 8410. “Citrus” includes “citrous” and any plants of the genera Citrus, Fortunella, Poncirus, and all hybrids having one or more of such as parents. (Added by Stats. 1967, Ch. 33.)
  119. 8501.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When the order of organization is adopted, the board of supervisors must immediately 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8501. Upon the adoption of the order of organization, the board of supervisors shall immediately appoint a board of directors of five members to administer the affairs of the district. (Enacted by Stats. 1967, Ch. 15.)
  120. 8502.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may hold the office of district director only if they are a U.S. and California citizen and own land in the district used to grow the district product.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8502. In order to be eligible to hold the office of director of the district, a person shall be a citizen of the United States and of this state, and an owner of lands within the district which are devoted, in whole or in part, to the growing of the product for which the district is established. (Amended by Stats. 1988, Ch. 1101, Sec. 14. Effective September 21, 1988.)
  121. 8503.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After appointment, each director must give an official bond, take the oath of office, and file the bond and oath 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8503. Upon his appointment, each director shall, in the manner provided by law, give such official bond for the faithful performance of his duties as shall be fixed by the board of supervisors and shall subscribe the oath of office and such bond and oath shall be filed with the county clerk. (Enacted by Stats. 1967, Ch. 15.)
  122. 8504.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The district’s organization is complete once the board of supervisors’ order is filed for record and the first board of directors has been 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8504. 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. (Enacted by Stats. 1967, Ch. 15.)
  123. 8505.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After a district is organized, the directors must meet, organize as a board, and choose a chairman, vice chairman, secretary, and assistant secretary. The section also assigns meeting, signing, recordkeeping, reporting, and backup duties to those officers.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8505. Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairman, a vice chairman, a secretary, and an assistant secretary, from among their own number. The chairman 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 he is present. In case of his absence from a meeting, the vice chairman shall act as chairman pro tempore for him. The vice chairman has the authority to sign warrants in place of the chairman if the chairman 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. He or the assistant secretary shall attest all warrants drawn on the county treasurer, all contracts and other documents and shall sign the minutes of all meetings at which he is present. He shall prepare the annual reports and any other reports required by the board and shall prepare all notices and all calls for bids. In case of his absence from a meeting, the assistant secretary shall perform his duties. (Enacted by Stats. 1967, Ch. 15.)
  124. 8506.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Board members serve four-year terms and remain in office 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8506. The members of the board shall serve for terms of four years and until the appointment and qualification of their successors. The terms of the members of the first board appointed by the board of supervisors shall divide themselves by lot and one member shall serve for a term of one year, one member shall serve for a term of two years, one member shall serve for a term of three years, and two members shall serve for a term of four years. (Enacted by Stats. 1967, Ch. 15.)
  125. 8507.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors must appoint a successor when a board member’s term expires, and it must fill vacancies for the unexpired term.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8507. Upon the expiration of the term of any member of the board, the board of supervisors shall appoint his successor. Vacancies shall be filled by the board of supervisors for the unexpired term. (Enacted by Stats. 1967, Ch. 15.)
  126. 8508.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Board members are not entitled to compensation for their services, but they 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 3. Organization of Districts [8501 - 8508] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## 8508. The members of the board are not entitled to any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for such expenses have been approved by the board. (Enacted by Stats. 1967, Ch. 15.)
  127. 851.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 1. General Provisions [851- 851.] ( Article 1 added by Stats. 1986, Ch. 661, Sec. 1. )

    Verify source ↗

    This chapter states that its purpose is to create a way to identify the owner of certain fruits, nuts, and vegetables to help control theft of those commodities in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 1. General Provisions [851- 851.] ( Article 1 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 851. It is the intent of this chapter to establish a means of identifying the owner of any fruits, nuts, or vegetables which are the food product of any tree, vine, or plant so as to provide an additional control over thefts of these commodities within the state. (Added by Stats. 1986, Ch. 661, Sec. 1.)
  128. 8551.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The district has perpetual succession and may exercise a list of powers, including suing and being sued, holding property, levying assessments, making contracts, controlling citrus pests, and entering land to inspect and treat plants.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8551. The district shall have perpetual succession and may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (b) Adopt a seal and alter it at pleasure. (c) Take 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. (d) Cause assessments to be levied, as provided in Chapter 5 (commencing with Section 8601) to pay any obligation of the district and to accomplish the purposes of the district in the manner provided in this part. (e) Make contracts, and employ, except as otherwise provided in this part, 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. (f) Eradicate, remove, or prevent the spread of any and all citrus pests. (g) Enter into or upon any land included within the boundaries of the district for the purpose of inspecting and treating the citrus trees and other host plants and fruit growing on them. (h) 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 was organized. (Amended by Stats. 1989, Ch. 904, Sec. 13.)
  129. 8552.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A district formed under this part has the power to eradicate, remove, or prevent the spread of citrus pests.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8552. Every district formed pursuant to this part has all of the powers prescribed by Section 8551 and other sections of this part, including the power to eradicate, remove, or prevent the spread of each and every citrus pest, regardless of any language in the petition for formation for any district or in any of the proceedings leading to formation which might seem to limit the power of the district to the control or eradication of one or more citrus pests in particular. (Amended by Stats. 1989, Ch. 904, Sec. 14.)
  130. 8553.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A district may pay limited compensation for removing citrus trees infected with citrus tristeza virus, subject to a 15-day removal window after written notice and capped by the tree-age payment schedule.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8553. (a) A district may pay limited compensation to the owner of any citrus tree infected with citrus tristeza virus which is removed by the district or by the owner within 15 days after written notice of the infection to the owner by the district. The limited compensation shall not exceed the following payment schedule, with the age of the tree being conclusively established as of the time written notice of the infection is first given to the owner. (b) The schedule of payments is as follows: Age of trees Maximum payment 1 year ........................ $ 5.00 per tree 2 years ........................ 7.50 per tree 3 years ........................ 10.00 per tree 4 years ........................ 14.00 per tree 5 years ........................ 17.50 per tree 6 years ........................ 20.75 per tree 7 years or older ........................ 25.00 per tree (c) For the purposes of this section, the holder of the record title of the real property on which the trees are located shall be considered to be the owner of the citrus trees to whom written notice of infection is given. (d) The written notice referred to in subdivision (a) shall be a written or printed document labeled “Notice of Infection,” addressed to the owner and informing the owner of the existence of the infected trees, their location, and that they should be removed forthwith. (e) For the purposes of determining the age of infected citrus trees under this section, trees shall be considered one year old as of the January 1st succeeding the calendar year in which they are planted, and shall be deemed one year older on the January 1st of each succeeding year. (Amended by Stats. 1991, Ch. 44, Sec. 1. Effective June 3, 1991.)
  131. 8554.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A district may remove certain uninfected trees and pay limited compensation if the board thinks testing them would cost more than removal and compensation, and the owner consents.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8554. In order to expedite the elimination of the source of citrus tristeza virus, if it appears to the board that the cost of testing, indexing, or retesting trees to determine infection may exceed the cost of removal, plus the payment of limited compensation, a district may, with the consent of the owner, remove and pay limited compensation pursuant to Section 8553 for trees which have not been determined to be infected with citrus tristeza virus. (Amended by Stats. 1989, Ch. 904, Sec. 16.)
  132. 8555.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any payment to owners of citrus trees removed under Sections 8553 or 8554 cannot exceed $3,000 per geographical acre.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8555. Any payment made to the owner or owners of citrus trees removed pursuant to Section 8553 or 8554 shall in no event exceed the sum of three thousand dollars ($3,000) per geographical acre. (Amended by Stats. 1989, Ch. 904, Sec. 17.)
  133. 8556.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county commissioner must, when the board asks, supervise and direct district activities for citrus pest control or eradication, without charging a fee.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8556. The commissioner of the county in which the district is located shall, upon request of the board and without fee or charge, supervise and direct, in accordance with the best known and accepted methods as determined by the board, all activities undertaken by the district for the control or eradication of citrus pests. (Amended by Stats. 1989, Ch. 904, Sec. 18.)
  134. 8557.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board must quickly prepare a plan to control and eradicate citrus pests 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8557. The board shall, immediately after its qualification, formulate an effective plan based on the best known and accepted methods for the control and eradication of the citrus pests within the district. (Amended by Stats. 1989, Ch. 904, Sec. 19.)
  135. 8558.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After the plan is finally adopted, the board must estimate the cost of operating it for the next fiscal year, and the next fiscal year must begin no sooner than 90 days later.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8558. After the final adoption of the plan, the board shall make or cause to be made an estimate of the cost of operating the plan for the next fiscal year beginning not sooner than 90 days thereafter. (Enacted by Stats. 1967, Ch. 15.)
  136. 8559.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board must adopt a preliminary budget of expenditures for the fiscal year within 30 days after receiving the estimate.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8559. Within 30 days after the receipt of the estimate, the board shall adopt a preliminary budget of expenditures for such fiscal year. (Enacted by Stats. 1967, Ch. 15.)
  137. 8560.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After the preliminary budget is adopted, the board must set a time and place for a hearing, and the hearing must be scheduled between 20 and 40 days after that adoption.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8560. Upon the adoption of the preliminary budget, the board shall fix a time and place for holding a hearing thereon. The hearing shall not be less than 20 days, nor more than 40 days, after the adoption of the preliminary budget. (Enacted by Stats. 1967, Ch. 15.)
  138. 8561.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board must publish notice of the time and place for the hearing on the preliminary budget in a newspaper of general circulation 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8561. The board shall give notice of the time and place fixed for the hearing upon the preliminary budget by publication in a newspaper of general circulation published and circulated in the district. (Enacted by Stats. 1967, Ch. 15.)
  139. 8562.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8562. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Enacted by Stats. 1967, Ch. 15.)
  140. 8563.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The notice must include a budget summary, the intended assessment funding statement, and the time and place for interested persons to object.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8563. The notice shall contain all of the following: (a) A summary of the proposed budget and shall refer to the original on file with the board for further particulars. (b) State that it is the intention to raise the amount of money required to meet the proposed budget by levying an assessment upon the assessed value of the citrus trees within the district in accordance with this part. (c) A statement of the day, hour, and place, when and where any and all persons interested may appear and object to the adoption of the budget or to any item in it. (Amended by Stats. 1989, Ch. 904, Sec. 20.)
  141. 8564.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    An owner of citrus acreage in the district may file a written protest against the proposed budget or any item in it before the hearing-objections deadline.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8564. At any time not later than the hour set for hearing objections to the proposed budget, any owner of citrus acreage in the district may make written protest against the budget or any item in it. (Amended by Stats. 1989, Ch. 904, Sec. 21.)
  142. 8565.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    At the hearing for protests, the board must hear and decide all protests that are made.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8565. At the time set for hearing protests, the board shall proceed to hear and pass upon all protests so made and its decision on the protests shall be final and conclusive. (Enacted by Stats. 1967, Ch. 15.)
  143. 8566.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After the hearing, the board must record by resolution on its minutes any changes it makes to the proposed budget.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8566. At the conclusion of the hearing, the board shall by resolution entered on its minutes make such changes in the proposed budget as it finds are proper and advisable. The tentative budget as so changed or modified shall be the budget of the district for the forthcoming fiscal year. (Enacted by Stats. 1967, Ch. 15.)
  144. 8567.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    For the district’s first fiscal year, the budget may include up to 20% extra to cover preliminary and early operating expenses.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8567. There may be added to the budget for the first fiscal year of the operation of the district an amount not in excess of 20 percent of the total amount of the budget to cover the preliminary expenses of the district and for the expenses of operation up to the beginning of the first fiscal year. (Enacted by Stats. 1967, Ch. 15.)
  145. 8568.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board must adopt the district’s final budget for each fiscal year after the 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 4. Powers and Duties of the District [8551 - 8568] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## 8568. For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget therefor in the same manner and at the same time that the budget for the first fiscal year was adopted. (Enacted by Stats. 1967, Ch. 15.)
  146. 8601.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county assessor must annually assess citrus-tree property in the district, apply a uniform per-acre value, limit tree counts to 200 per acre, and certify the district’s total assessed citrus-tree value to 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8601. (a) The county assessor, in making the annual assessment of property in each and every year after the organization of the district, shall assess any parcel of real property with 25 or more citrus trees on it and enter as a separate item, on the assessment roll for each such parcel of real propety included in the district, the value, as improvements on the parcel, of all citrus trees which are growing on it. (b) For the purpose of this part, the county assessor shall assess all citrus acreage at a uniform value per acre. The assessment shall be upon an acreage basis and the number of acres shall be determined conclusively, except as otherwise provided in this section, by the assessor counting the trees and dividing the total number by the number of trees per acre of average planting. The county assessor in counting the citrus trees shall not, however, count any more than 200 trees on any one acre of land, and for any citrus acreage which has from 70 to 100 trees per acre the number of acres to be determined by the county assessor shall be the actual acreage of the parcel. (c) Upon completing the assessment roll of the county in each year, the assessor shall separately compute and certify, to the board of supervisors, the total assessed value, as shown by the assessment roll, of all the citrus trees in the district. (Amended by Stats. 1989, Ch. 904, Sec. 22.)
  147. 8602.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Citrus acreage in the district is subject to assessment under this part.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8602. Whenever acreage within the district is planted with citrus trees in such a fashion as to qualify as citrus acreage, the acreage is subject to assessment as provided in this part. (Amended by Stats. 1989, Ch. 904, Sec. 23.)
  148. 8603.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If citrus trees are removed from a parcel in the district, the owner may file an affidavit with the board, the board must investigate, and if the affidavit is true, the board must certify that fact to the county assessor and the removed acreage will not be assessed on the next assessment roll.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8603. Whenever any citrus trees have been removed from any parcel of land included in the district, the owner of the parcel of land may file with the board an affidavit particularly describing the parcel of land, and setting forth the fact of the removal therefrom of the trees. Thereupon, the board shall cause an investigation of the parcel of land to be made and, if the board finds the allegations of the affidavit are true, the board shall immediately certify this fact to the county assessor and the amount of citrus acreage removed shall not be assessed on the next assessment roll. (Amended by Stats. 1989, Ch. 904, Sec. 24.)
  149. 8604.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board must file its final budget with the board of supervisors by the first Monday in July each year, and also file a copy with the county auditor. The board of supervisors must levy an annual assessment on all citrus trees in the district and set the rate to raise the needed amount.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8604. (a) The board shall, on or before the first Monday in July of each year, file with the board of supervisors the final budget which 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 shall annually, at the time of levying other county taxes, levy an assessment upon all the citrus trees planted or growing in the district, regardless of age, as assessed by the assessor pursuant to this part. The rate shall be such as will produce, after due allowance for delinquency, the amount determined as necessary to be raised on the secured roll. If a fraction of a cent occurs on a valuation of one hundred dollars ($100), it shall be taken as a full cent. (Amended by Stats. 1989, Ch. 904, Sec. 25.)
  150. 8605.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The chapter’s assessments on citrus trees are treated as special assessments and must be levied on all citrus trees, regardless of age.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8605. 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 citrus trees will be benefited by the district to the same extent and in the same manner regardless of the age of the trees. The assessments authorized by this chapter to be assessed and levied on the trees shall be assessed and levied on all citrus trees regardless of their age. (Amended by Stats. 1989, Ch. 904, Sec. 26.)
  151. 8606.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The county auditor must compute and enter the levied tax on the assessment roll, and must levy the tax 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8606. The tax so levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the tax as required, the auditor shall do so. The tax 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. (Enacted by Stats. 1967, Ch. 15.)
  152. 8607.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section adopts California’s general county tax-levying and tax-collecting rules for use here, but only when they fit and do not conflict with this part. It also says the county officers involved are liable on their official bonds for faithfully performing the duties this part imposes.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8607. The general provisions of the laws of this state, prescribing the manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this part, hereby adopted and made a part of this part. The several county officers thus referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this part. (Enacted by Stats. 1967, Ch. 15.)
  153. 8608.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    The county treasury must hold the district’s money, and the county treasurer must receive, receipt for, credit, safeguard, and disburse those funds as provided in this part.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8608. The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all such moneys, and place the same to the credit of the district. He shall be responsible upon his official bond for the safekeeping and disbursement, in the manner provided in this part, of all moneys of the district so held by him. (Enacted by Stats. 1967, Ch. 15.)
  154. 8609.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    For a consolidated district spanning multiple counties, district funds must be held in the county treasury of the county with the largest district area, and funds collected in other counties must be transferred to that treasury. The district’s money may be spent anywhere in the district for authorized purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8609. If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in which is located the largest area of the district. Money collected for the use of the district in any other county in which a part of the district is located shall be transferred by the county treasurer upon warrant of the county auditor of the county in which the money was collected to the county treasurer of the county serving as repository for the district, in the same manner as prescribed for the disbursement of money held for a local district. Money derived from any county in which the district is located may be expended in any part of the district for the purposes authorized by this part, notwithstanding any other provision of law limiting the expenditure of any such money to a specific area or county. (Enacted by Stats. 1967, Ch. 15.)
  155. 861.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. )

    Verify source ↗

    Certain sellers, buyers, and transporters must keep or pass along proof-of-ownership records for covered agricultural lots.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 861. For lots of over 25 pounds of any fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, or for lots of over 200 pounds of any burl wood from a walnut tree, living or dead, and that are marketed for commercial purposes, all of the following apply: (a) Every person who sells the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise shall provide the buyer or transporter with a record of proof of ownership for each lot of the commodity. (b) Every person who buys the commodity for resale, processing, or further distribution through any commercial or nonprofit enterprise shall obtain from the previous buyer or from the transporter a record of proof of ownership for each lot of the commodity. (c) Every person who transports for commercial purposes shall possess a record showing proof of ownership for each lot of the commodity during transportation. (Amended by Stats. 2009, Ch. 487, Sec. 1. (AB 905) Effective January 1, 2010.)
  156. 8610.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. )

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    The county treasurer may pay district money only under specified warrant and signature conditions, and must file written reports on set dates.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 5. Levying and Assessing Taxes for District Purposes [8601 - 8610] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## 8610. The county treasurer shall pay out money 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 chairman or vice chairman and attested by the secretary or assistant secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairman or vice chairman and attested to by the secretary or assistant secretary, to meet the district’s expenses, including salaries, at such intervals as is approved by the board of supervisors. The county treasurer shall report in writing on the first day of July, October, January, and March of each year, to the board the amount of money he then holds for the districts, the amount of receipts since his last report, and the amounts paid out. Each such report shall be verified and filed with the secretary of the district to whom it is addressed. (Amended by Stats. 1970, Ch. 231.)
  157. 862.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. )

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    Proof of ownership for regulated fruits, nuts, vegetables, or walnut burl must be available for inspection when requested by the secretary, the commissioner, or a peace officer, and the secretary or commissioner may ask a peace officer to stop a vehicle for inspection if they have probable cause of unlawful possession.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 862. Upon probable cause to believe any fruits, nuts, vegetables, or walnut burl regulated pursuant to this chapter is in unlawful possession, proof of ownership shall be made available for inspection upon request of the secretary, the commissioner, or by any peace officer. If the secretary or the commissioner has probable cause to believe that any fruits, nuts, vegetables, or walnut burl regulated pursuant to this chapter is in unlawful possession, he or she may request a peace officer to stop the vehicle pursuant to Section 881 for inspection. The record shall contain the following information: (a) Name, address, telephone number, and signatures of the seller or the seller’s authorized representative. (b) Name, address, and telephone number of the buyer or consignee if not sold. (c) Common or generic name and quantity of the commodity involved. (d) Date of transaction and date of commencement of transportation. (Amended by Stats. 1996, Ch. 238, Sec. 2. Effective January 1, 1997.)
  158. 863.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. )

    Verify source ↗

    Several listed documents are treated as proof of ownership for this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 863. A bill of lading, bill of sale, certified farmers certificate, data obtainable by electronic transmission which is accessible to a common carrier, or a similar type document shall be considered proof of ownership for purposes of this chapter. (Added by Stats. 1986, Ch. 661, Sec. 1.)
  159. 864.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. )

    Verify source ↗

    A person must not knowingly falsify, or cause to be falsified, information in a record meant to prove ownership.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 864. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership. (Added by Stats. 1986, Ch. 661, Sec. 1.)
  160. 865.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. )

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    The buyer and seller must keep a copy of the record for 60 days after delivery.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 865. A copy of the record shall be retained by the buyer and seller for a period of 60 days after delivery. (Added by Stats. 1986, Ch. 661, Sec. 1.)
  161. 8651.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 6. Inclusion of Lands [8651- 8651.] ( Chapter 6 enacted by Stats. 1967, Ch. 15. )

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    Lands devoted exclusively to growing citrus fruits in a tract outside the district, but in the same county, may be annexed to 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 6. Inclusion of Lands [8651- 8651.] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## 8651. Lands devoted exclusively to the growing of citrus fruits within a tract of land outside the district but in the county wherein the district is located may be annexed to the district. (Amended by Stats. 1989, Ch. 904, Sec. 27.)
  162. 866.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. )

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    This section sets minimum requirements for transporting and identifying agricultural commodities, and lets counties add more requirements by ordinance.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 2. Proof of Ownership [861 - 866] ( Article 2 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 866. This chapter establishes minimal requirements for the transportation and identification of agricultural commodities. A county may, by ordinance, impose additional requirements regarding this transportation and identification. (Added by Stats. 1986, Ch. 661, Sec. 1.)
  163. 8701.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

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    Two or more districts under this part may be consolidated, even if their boundaries are not coterminous or they are in different counties.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 8701. Any two or more districts organized or existing under this part may be consolidated, whether or not the boundaries are coterminous and whether or not the districts are located in the same county. (Enacted by Stats. 1967, Ch. 15.)
  164. 8702.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

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    Consolidation proceedings may start with a petition filed with each district’s board, but the petition must be signed by owners of 51% of the district’s citrus land area.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 8702. Proceedings for consolidation may be initiated by the filing of a petition for consolidation with the board of each district to be consolidated. Each petition shall be signed by the owners of 51 percent by area of the citrus land in the district. Upon the filing of a petition, the board of directors shall adopt a resolution which recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies of the petition and resolution to the board of directors of each of the other districts. The board shall send the original petition and a certified copy of the resolution to the board of supervisors of the county in which is located the largest area of citrus acreage of the proposed consolidated district, and a copy of the petition and resolution to the board of supervisors of each of the other counties in which is located any part of the proposed consolidated district. (Amended by Stats. 1989, Ch. 904, Sec. 28.)
  165. 8703.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

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    When two or more districts file consolidation petitions, the county board of supervisors for the county with the largest citrus acreage in the proposed consolidated district must set a hearing time and place.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 8703. Upon presentation and filing of the petitions of two or more districts proposing consolidation, the board of supervisors of the county in which is located the largest area of citrus acreage of the proposed consolidated district shall fix a time and place for hearing the petitions. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Chapter 2 (commencing with Section 8451). (Amended by Stats. 1989, Ch. 904, Sec. 29.)
  166. 8704.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

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    If the board of supervisors finds consolidation feasible and in the citrus growers’ best interests, it must adopt a resolution declaring the districts consolidated and give the new district a name including “consolidated.” Certified copies of the resolution must then be filed with the Secretary of State and each county recorder covering 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 8704. If the board of supervisors determines that the consolidation is feasible and for the best interests of the citrus growers of the respective districts, it shall by resolution duly adopted declare the districts consolidated into one district, giving the consolidated district a name which name shall include the term “consolidated.” Certified copies of the resolution shall be filed with the Secretary of State and, for record, with the county recorder of each county in which is located any part of the consolidated district. Upon the filing, the districts are consolidated into a single consolidated district with all the rights, privileges, and powers of a district. The consolidated district shall succeed to all the funds and other property, and is subject to all the indebtedness, bonded and otherwise, of the districts consolidated. Each district which is included in the consolidated district shall continue in existence for the purpose of representation on the board of the consolidated district, and for the purpose of levying, assessing, and collecting assessments for district purposes. The board of the consolidated district is, however, the board of each district which is included in the consolidated district. (Amended by Stats. 1989, Ch. 904, Sec. 30.)
  167. 8705.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

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    After districts are consolidated, the board of supervisors must immediately appoint a board of directors with at least five members, including one from each district. If any included district has more than 15,000 acres of citrus acreage, the board size must be increased under the stated formula.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 8705. Upon the adoption of a resolution consolidating two or more districts, the board of supervisors shall immediately appoint a board of directors of at least five members, including at least one member from each of the districts which are included in the consolidated district. If any of the districts which are included in the consolidated district includes more than 15,000 acres of citrus acreage, the board of directors shall be increased to a number equal to the number of districts which are included in the consolidated district, plus one additional director for each 10,000 acres, or major fraction of 10,000 acres, in any one district which is included in the consolidated district. (Amended by Stats. 1989, Ch. 904, Sec. 31.)
  168. 8706.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

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    A consolidated district board has the same powers and responsibilities as the board of another district. If the first board has more than five directors, the sixth, seventh, and any later members serve staggered terms.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 8706. The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district. The members of the board shall be appointed in the same manner and serve for the same term as the directors of any other district. If, however, the number of directors is increased to more than five, as provided in Section 8705, the sixth member of the first board shall serve for three years, the seventh for two years, and all in excess of seven for one year each. (Enacted by Stats. 1967, Ch. 15.)
  169. 8707.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

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    A district in a consolidated district may withdraw by filing a signed petition meeting the 51% citrus-land threshold, and specified notice, hearing, and money-handling rules apply.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 7. Consolidation [8701 - 8707] ( Chapter 7 enacted by Stats. 1967, Ch. 15. ) ## 8707. Any district which has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing with the board of directors of the consolidated district a petition for withdrawal which is signed by the owners of not less than 51 percent by area of citrus land in the district. The board of directors of the consolidated district shall send the original petition to the board of supervisors of the county in which the withdrawing district is located, and a copy of the petition to the board of supervisors of each of the other counties in which is located any part of the consolidated district. Upon receipt of a petition for withdrawal, the board of supervisors of the county in which the withdrawing district is located shall fix a time and place for hearing the petition. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district under Chapter 2 (commencing with Section 8451). Upon withdrawal of a district, all moneys collected from the district for the use of the consolidated district, and all property purchased with these moneys, shall remain the property of the consolidated district. All moneys collected from a district after it withdraws from a consolidated district shall be held for the use of the district. (Amended by Stats. 1989, Ch. 904, Sec. 32.)
  170. 871.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 3. Exceptions [871- 871.] ( Article 3 added by Stats. 1986, Ch. 661, Sec. 1. )

    Verify source ↗

    This chapter does not apply to certain agricultural commodities transported from the farm or ranch to a commercial packing plant in California, or transported with a valid permit, disposal order, or certificate issued by the director or commissioner for another reason.

    ## Food and Agricultural Code - FAC ## DIVISION 1. STATE ADMINISTRATION [101 - 1501] ( Division 1 enacted by Stats. 1967, Ch. 15. ) ## PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894] ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. ) ## CHAPTER 8. Agriculture Theft Prevention [851 - 885] ( Chapter 8 added by Stats. 1986, Ch. 661, Sec. 1. ) ## ARTICLE 3. Exceptions [871- 871.] ( Article 3 added by Stats. 1986, Ch. 661, Sec. 1. ) ## 871. This chapter does not apply to the following agricultural commodities: (a) Commodities transported from the farm or ranch where they are produced to a commercial packing plant within this state for processing or packing. (b) Commodities transported and accompanied by a valid permit, disposal order, or certificate issued by the director or the commissioner for any reason other than to comply with this chapter. (Added by Stats. 1986, Ch. 661, Sec. 1.)
  171. 8751.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a dissolution petition is filed with the board of supervisors and signed by owners of at least 60% of the district’s citrus acreage, the board must set a hearing date and place.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8751. Upon the filing of a petition with the board of supervisors, signed by the owners of not less than 60 percent by area of the citrus acreage in the district, requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, nor more than 40 days, after the filing of the petition. (Amended by Stats. 1989, Ch. 904, Sec. 33.)
  172. 8752.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors must give notice of the time and place set for the hearing on a petition to dissolve 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8752. The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution. (Enacted by Stats. 1967, Ch. 15.)
  173. 8753.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The notice of hearing must state that a dissolution petition was filed, where it can be inspected, when and where the hearing will be held, and that protests will be considered by 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8753. 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 such hearing protests against the dissolution of the district shall be considered by the board of supervisors. (Enacted by Stats. 1967, Ch. 15.)
  174. 8754.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Notice of the hearing must be published 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8754. Notice of such hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Enacted by Stats. 1967, Ch. 15.)
  175. 8755.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8755. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Enacted by Stats. 1967, Ch. 15.)
  176. 8756.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a majority of the board of supervisors finds at the hearing that dissolution would benefit the county’s citrus industry, the board 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8756. If, at the hearing, a majority of the members of the board of supervisors find that the dissolution of the district will benefit the citrus industry of the county, it shall by resolution dissolve the district. (Amended by Stats. 1989, Ch. 904, Sec. 34.)
  177. 8757.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors must record and file a certified copy of the resolution with the county recorder and the Secretary of State; then the district is dissolved for all purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8757. 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 the same with the Secretary of State. Thereupon, the district is dissolved for all purposes. (Enacted by Stats. 1967, Ch. 15.)
  178. 8758.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When the district is dissolved, its property interests vest in the city if the property is inside city limits, and 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 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8758. Upon dissolution, the right, title, and interest to property owned or controlled by the district which is situated within the corporate limits of any city shall vest absolutely in such city. If such property is situated without the corporate limits of the city, it shall vest in the county in which the property is situated. (Enacted by Stats. 1967, Ch. 15.)
  179. 8759.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The board of supervisors becomes the governing body of the dissolved district and may levy taxes, assessments, and other necessary acts to wind up the district’s affairs and pay outstanding debt.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5. CITRUS PEST DISTRICT CONTROL LAW [8401 - 8759] ( Heading of Part 5 amended by Stats. 1989, Ch. 904, Sec. 1. ) ## CHAPTER 8. Dissolution of Districts [8751 - 8759] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## 8759. The board of supervisors is ex officio the governing body of the dissolved district. It may levy such taxes and assessments and perform such other acts as may be necessary to wind up the affairs of the district and to raise money for the payment of any outstanding indebtedness. (Enacted by Stats. 1967, Ch. 15.)
  180. 8760.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    This section names Part 5.5 as the Olive, Stone, and Pome Fruit Pest District Control Law.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8760. This part shall be known as the Olive, Stone, and Pome Fruit Pest District Control Law. (Amended by Stats. 2001, Ch. 179, Sec. 2. Effective January 1, 2002.)
  181. 8761.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    Part 5 applies to olive, stone, and pome fruit pest control districts unless this part says a provision does not apply.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8761. All of Part 5 (commencing with Section 8401) applies to olive, stone, and pome fruit pest control districts and is hereby incorporated in this part as though set forth in full in this part unless a provision in this part expressly states that the provision is not applicable to this part. (Amended by Stats. 2001, Ch. 179, Sec. 3. Effective January 1, 2002.)
  182. 8762.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    Districts formed under Part 5 to control and eradicate olive, stone, and pome fruit pests continue in existence without further proceedings and are subject to this part.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8762. Any district formed pursuant to Part 5 (commencing with Section 8401) to control and eradicate olive, stone, and pome fruit pests shall continue in existence without further proceedings and shall be subject to this part. (Amended by Stats. 2001, Ch. 179, Sec. 4. Effective January 1, 2002.)
  183. 8763.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    Several listed sections and one subdivision do not apply to this part.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8763. Sections 8451, 8551, 8553, 8554, 8555, 8556, 8601, 8602, 8603, and 8604, and subdivision (b) of Section 8563 do not apply to this part. (Added by Stats. 1989, Ch. 904, Sec. 35.)
  184. 8764.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    This section states that the part provides a procedure for organizing, operating, governing, and dissolving pest control districts for olive, stone, and pome fruit pests.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8764. It is the purpose of this part to make available a procedure for the organization, operation, government, and dissolution of districts for the more effective control and eradication of olive, stone, and pome fruit pests, whichever products the district is established to protect. (Amended by Stats. 2001, Ch. 179, Sec. 5. Effective January 1, 2002.)
  185. 8764.5.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    A district formation proceeding starts with a petition signed by owners of at least 51% of the land area in the proposed district and 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 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8764.5. Proceedings for the formation of a district within any county shall be commenced by a petition that is signed by the owners of not less than 51 percent by area of the land in the proposed district, which may be composed of noncontiguous parcels within the county devoted exclusively to the growing of olive, stone, and pome fruit trees. The petition shall be addressed to, and filed with, the board of supervisors of the county. (Amended by Stats. 2001, Ch. 179, Sec. 6. Effective January 1, 2002.)
  186. 8764.6.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    The board of supervisors must exclude acreage that would not benefit from the proposed project, may include certain noncontiguous lands if conditions are met, and must give notice and a hearing opportunity for inclusion without the owner’s application.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8764.6. (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any olive, stone, and pome fruit acreage that it finds will not be benefited by the proposed project, and it may include in the district any noncontiguous lands that it finds will be benefited if it also finds it will be in the interest of the district to include these lands. 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 it. (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 land 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 land in which he or she has either a legal or equitable interest. The notice shall describe the land proposed to be included, and shall state the time and place at which objections to the inclusion will be heard. (Amended by Stats. 2001, Ch. 179, Sec. 7. Effective January 1, 2002.)
  187. 8765.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    This section defines “olive, stone, and pome fruit acreage” as land with at least 10 such trees and at least $250 in commercial value, excluding nursery land.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8765. “Olive, stone, and pome fruit acreage” means any parcel, tract, or lot of land with 10 or more olive, stone, or pome fruit trees of any age growing on it with a commercial value of at least two hundred fifty dollars ($250), except a parcel, tract, or lot that is used as a nursery. (Amended by Stats. 2001, Ch. 179, Sec. 8. Effective January 1, 2002.)
  188. 8766.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    The district has broad powers to sue and be sued, hold and manage property, levy assessments, make contracts, hire workers, and enter land to inspect or treat pests.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8766. The district shall have perpetual succession and may do all of the following: (a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. Section 820.9 of the Government Code applies to this subdivision. (b) Adopt a seal and alter it at pleasure. (c) Take 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. (d) Cause assessments to be levied, as provided in this chapter to pay any obligation of the district and to accomplish the purposes of the district in the manner provided in this part. (e) Make contracts, and employ, except as otherwise provided in this part, 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. (f) Eradicate, remove, or prevent the spread of any and all olive, stone, or pome fruit pests. (g) Enter into or upon any land included within the boundaries of the district for the purpose of inspecting and treating the olive, stone, or pome fruit trees and other host plants and fruit growing on them. (h) 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 was organized. (Amended by Stats. 2001, Ch. 179, Sec. 9. Effective January 1, 2002.)
  189. 8767.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    A district may remove certain non-infested trees, but only with the owner’s consent, to help eliminate olive fruit fly and apple maggot sources.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8767. In order to expedite the elimination of the source of the olive fruit fly and the apple maggot, a district may, with the consent of the owner, remove trees that have not been determined to be infested with the olive fruit fly or the apple maggot. (Amended by Stats. 2001, Ch. 179, Sec. 10. Effective January 1, 2002.)
  190. 8768.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    The district board must consult the commissioner and supervise and direct district pest-control activities using the board’s chosen best known and accepted methods. The board may also authorize nonchemical alternatives.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8768. The board in which the district is located shall, after consultation with the commissioner, supervise and direct, in accordance with the best known and accepted methods as determined by the board, all activities undertaken by the district for the control or eradication of olive, stone, or pome fruit pests. The board may authorize the use of nonchemical alternatives. (Amended by Stats. 2001, Ch. 179, Sec. 11. Effective January 1, 2002.)
  191. 8769.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    The board must annually assess qualifying parcels in the district, count the listed fruit trees on them, and certify the district-wide totals to 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 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8769. (a) The board, annually after the organization of the district, shall assess any assessor’s parcel of real property with 10 or more olive, stone, or pome fruit trees on it and enter as a separate item, on an annual assessment roll for each assessor’s parcel of real property included in the district, the number of all olive, stone, or pome fruit trees that are growing on it. (b) For the purpose of this part, the board shall assess all olive, stone, or pome fruit acreage at a uniform value per tree. The assessment shall be upon a tree basis and the number of trees shall be determined conclusively by the board counting the trees on each assessor’s parcel. The board, in counting the olive, stone, or pome fruit trees, shall not, however, count any more than 100 trees on any one acre of land. (c) Upon completing the tree count within the district each year, the board shall separately compute and certify, to the board of supervisors, the total number of all the olive, stone, or pome fruit trees in the district on each parcel. (Amended by Stats. 2002, Ch. 664, Sec. 83. Effective January 1, 2003.)
  192. 8770.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    New acreage in the district planted with olive, stone, or pome fruit trees that qualifies as such acreage is subject to assessment under this part.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8770. Whenever new acreage within the district is planted with olive, stone, or pome fruit trees so as to qualify as olive, stone, or pome fruit acreage, the trees are subject to assessment as provided in this part. (Amended by Stats. 2002, Ch. 664, Sec. 84. Effective January 1, 2003.)
  193. 8771.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    If olive, stone, or pome fruit trees are removed from a parcel in the district, the owner may file an affidavit with the board; the board must investigate and, if the affidavit is true, the removed trees are not assessed on the next assessment roll.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8771. Whenever any olive, stone, or pome fruit trees have been removed from any parcel of land included in the district, the owner of the parcel of land may file with the board an affidavit particularly describing the parcel of land, and setting forth the fact of the removal of the trees. Upon receipt of the affidavit, the board shall cause an investigation of the parcel of land to be made and, if the board finds the statements in the affidavit are true, the board shall immediately verify this fact and the amount of olive, stone, or pome fruit trees removed shall not be assessed on the next assessment roll. (Amended by Stats. 2001, Ch. 179, Sec. 14. Effective January 1, 2002.)
  194. 8772.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. )

    Verify source ↗

    The board must file district assessment lists each year by the first Monday in July, and the county board of supervisors must levy and the county must collect a special assessment on specified fruit trees.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 5.5. OLIVE, STONE, AND POME FRUIT PEST DISTRICT CONTROL LAW [8760 - 8772] ( Heading of Part 5.5 amended by Stats. 2001, Ch. 179, Sec. 1. ) ## CHAPTER 1. General Provisions [8760 - 8772] ( Chapter 1 added by Stats. 1989, Ch. 904, Sec. 35. ) ## 8772. (a) The board shall, on or before the first Monday in July of each year, file with the board of supervisors a list of assessor parcel numbers that sets forth all assessments of the district for the fiscal year commencing on the first day of July. At the same time, a copy of the list shall also be filed with the auditor of the county. (b) The board of supervisors shall annually, at the time of levying county taxes, levy a special assessment upon all the olive, stone, or pome fruit trees planted or growing in the district regardless of age, as submitted by the district pursuant to subdivision (a). The special assessment shall be added to the secured roll and collected by the county on behalf of the district in the same manner that the county collects county taxes. (Amended by Stats. 2001, Ch. 179, Sec. 15. Effective January 1, 2002.)
  195. 8801.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section enacts the Pest Control Compact and sets up a fund, a governing board, and procedures for states to request and provide pest-control assistance.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8801. The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: PEST CONTROL COMPACT Article I. Findings The party states find that: (a) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately seven billion dollars from the depredations of pests is virtually certain to continue, if not to increase. (b) Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them. (c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other’s activities when faced with conditions of infestation and reinfestation. (d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of a fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interests, the most equitable means of financing cooperative pest eradication and control programs. Article II. Definitions As used in this compact, unless the context clearly requires a different construction: (a) “State” means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) “Requesting state” means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states. (c) “Responding state” means a state requested to undertake or intensify the measures referred to in subdivision (b) of this article. (d) “Pests” means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses or other plants of substantial value. (e) “Fund” means the Pest Control Fund established pursuant to this compact. (f) “Governing board” means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact. (g) “Executive committee” means the committee established pursuant to Article V(e) of this compact. Article III. The Fund There is hereby established the Pest Control Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the fund shall not accept any donation or grant whose terms are inconsistent with any provision of this compact. Article IV. The Fund, Internal Operations and Management (a) The fund shall be administered by a governing board and executive committee as hereinafter provided. The actions of the governing board and executive committee pursuant to this compact shall be deemed the actions of the fund. (b) The members of the governing board shall be entitled to one vote each on such board. No action of the governing board shall be binding unless taken at a meeting at which a majority of the total number of votes on the governing board are cast in favor thereof. Action of the governing board shall be only at a meeting at which a majority of the members are present. (c) The fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the governing board may provide. (d) The governing board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The governing board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the governing board. The governing board shall make provision for the bonding of such of the officers and employees of the fund as may be appropriate. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the fund and shall fix the duties and compensations of such personnel. The governing board in its bylaws shall provide for the personnel policies and programs of the fund. (f) The fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation. (g) The fund may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation, gift or grant accepted by the governing board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this article shall be reported in the annual report of the fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender. (h) The governing board shall adopt bylaws for the conduct of the business of the fund and shall have the power to amend and rescind these bylaws. The fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states. (i) The fund annually shall make to the Governor and Legislature of each party state a report covering its activities for the preceding year. The fund may make such additional reports as it may deem desirable. (j) In addition to the powers and duties specifically authorized and imposed, the fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact. Article V. Compact Fund Administration (a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall: 1. Assist in the coordination of activities pursuant to the compact in his state; and 2. Represent his state on the governing board of the fund. (b) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the governing board of the fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the governing board or on the executive committee thereof. (c) The governing board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of moneys from the fund. Additional meetings of the governing board shall be held on call of the chairman, the executive committee, or a majority of the membership of the governing board. (d) At such times as it may be meeting, the governing board shall pass upon applications for assistance from the fund and authorize disbursements therefrom. When the governing board is not in session, the executive committee thereof shall act as agent of the governing board, with full authority to act for it in passing upon such applications. (e) The executive committee shall be composed of the chairman of the governing board and four additional members of the governing board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The governing board shall make such geographic groupings. If there is representation of the United States on the governing board, one such representative may meet with the executive committee. The chairman of the governing board shall be chairman of the executive committee. No action of the executive committee shall be binding unless taken at a meeting at which at least four members of such committee are present and vote in favor thereof. Necessary expenses of each of the five members of the executive committee incurred in attending meetings of such committee, when not held at the same time and place as a meeting of the governing board, shall be charges against the fund. Article VI. Assistance and Reimbursement (a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves: 1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this compact. 2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact. (b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the governing board to authorize expenditures from the fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys made available from the fund expeditiously and efficiently to assist in affording the protection requested. (c) In order to apply for expenditures from the fund, a requesting state shall submit the following in writing: 1. A detailed statement of the circumstances which occasion the request for the invoking of the compact. 2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant having a substantial value to the requesting state. 3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned. 4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity. 5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of moneys from the fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time. 6. Such other information as the governing board may require consistent with the provisions of this compact. (d) The governing board or executive committee shall give due notice of any meeting at which an application for assistance from the fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting. (e) Upon the submission as required by paragraph (c) of this article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the governing board or executive committee shall authorize support of the program. The governing board or the executive committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the governing board or executive committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof. (f) A requesting state which is dissatisfied with a determination of the executive committee shall upon notice in writing given within 20 days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the governing board. Determinations of the executive committee shall be reviewable only by the governing board at one of its regular meetings, or at a special meeting held in such manner as the governing board may authorize. (g) Responding states required to undertake or increase measures pursuant to this compact may receive moneys from the fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the fund. The governing board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof. (h) Before authorizing the expenditure of moneys from the fund pursuant to an application of a requesting state, the fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation. (i) The fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the fund, cooperating federal agencies, states and any other entities concerned. Article VII. Advisory and Technical Committees The governing board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations. Upon request of the governing board or executive committee an advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the fund being considered by such board or committee and the board or committee may receive and consider the same: provided that any participant in a meeting of the governing board or executive committee held pursuant to Article VI(d) of the compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the governing board or executive committee makes its disposition of the application. Article VIII. Relations With Nonparty Jurisdictions (a) A party state may make application for assistance from the fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the governing board or executive committee in the same manner as an application with respect to a pest within a party state, except as provided in this article. (b) At or in connection with any meeting of the governing board or executive committee held pursuant to Article VI(d) of this compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the governing board or executive committee may provide. A nonparty state shall not be entitled to review of any determination made by the executive committee. (c) The governing board or executive committee shall authorize expenditures from the fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The governing board or executive committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the fund with respect to expenditures and activities outside of party states. Article IX. Finance (a) The fund shall submit to the executive head or designated officer or officers of each party state a budget for the fund for such period as may be required by the laws of that party state for presentation to the Legislature thereof. (b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products produced in each party state. In determining the value of such crops and products the fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products. (c) The financial assets of the fund shall be maintained in two accounts to be designated respectively as the “operating account” and the “claims account.” The operating account shall consist only of those assets necessary for the administration of the fund during the next ensuing two-year period. The claims account shall contain all moneys not included in the operating account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the fund for a period of three years. At any time when the claims account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the governing board shall reduce its budget requests on a pro rata basis in such manner as to keep the claims account within such maximum limit. Any moneys in the claims account by virtue of conditional donations, grants or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of claims. (d) The fund shall not pledge the credit of any party state. The fund may meet any of its obligations in whole or in part with moneys available to it under Article IV(g) of this compact, provided that the governing board takes specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the fund makes use of moneys available to it under Article IV(g) hereof, the fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same. (e) The fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the fund shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the fund. (f) The accounts of the fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the fund. Article X. Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Article XI. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. (Enacted by Stats. 1967, Ch. 15.)
  196. 8802.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    State departments, agencies, and officers may cooperate with the Pest Control Compact fund, as long as they act consistently with law and within available appropriations.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8802. Consistent with law and within available appropriations, the departments, agencies, and officers of this state may cooperate with the fund established by the Pest Control Compact. (Enacted by Stats. 1967, Ch. 15.)
  197. 8803.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )

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    Copies of bylaws and any amendments must be filed with the Office of Administrative Procedure.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8803. Pursuant to Article IV(h) of the compact, copies of bylaws and amendments thereto shall be filed with the Office of Administrative Procedure. (Enacted by Stats. 1967, Ch. 15.)
  198. 8804.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )

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    For this state, the compact administrator is the director.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8804. The compact adminstrator for this state is the director. (Enacted by Stats. 1967, Ch. 15.)
  199. 8805.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )

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    The Governor may request or apply for assistance from the fund when the Governor thinks the qualifying conditions exist and it is in the state’s interest.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8805. Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the fund may be made by the Governor whenever in his judgment the conditions qualifying this state for such assistance exist and it would be in the interest of this state to make such request. (Enacted by Stats. 1967, Ch. 15.)
  200. 8806.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. )

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    If a meeting will consider an application for assistance from the fund, its notice must also be given to the Speaker of the Assembly and the President pro Tempore of the Senate.

    ## Food and Agricultural Code - FAC ## DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) ## PART 6. PEST CONTROL COMPACT [8801 - 8808] ( Part 6 enacted by Stats. 1967, Ch. 15. ) ## 8806. The notice of any meeting at which an application for assistance from the fund is to be considered given pursuant to Article VI (d), shall also be given to the Speaker of the Assembly and the President pro Tempore of the Senate. (Enacted by Stats. 1967, Ch. 15.)

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